Borough of Forty Fort, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 1994-4, 4/4/1994, § 201]
Unless otherwise expressly stated, the following words shall for, the purpose of this chapter, have the meaning herein indicated. The present tense shall include the future, the singular number shall include the plural of the singular, words used in the masculine gender shall include the feminine and the neuter; the word "shall" is always mandatory, the word "may" is always permissive.
[Ord. 1994-4, 4/4/1994, § 202; as amended by Ord. 2009-8, 12/7/2009]
ALLEY
A minor way, whether or not legally dedicated, intended and used primarily for vehicular access to the rear of properties which abut on a street, and not intended for the purpose of through vehicular traffic.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction of development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
BLOCK
An area, divided into lots, and usually bounded by streets.
BOROUGH
The Borough of Forty Fort.
BUILDING
A combination of materials to form a permanent structure having walls and a roof including, but not limited to, all mobile homes and trailers.
CARTWAY OR ROADWAY
The portion of a street or alley improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street center lines.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment or residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
CONDOMINIUM
Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, together with individual ownership in fee of a particular unit or apartment in such building or on such parcel of land and may include dwellings, offices and other types of space in commercial and industrial buildings or on real property.
COUNCIL
The Council of Forty Fort, Luzerne County, Pennsylvania.
COUNTY
The County of Luzerne, Pennsylvania.
COUNTY PLANNING COMMISSION
The Planning Commission of the County of Luzerne.
CUL-DE-SAC
A minor street intersecting another street at one end and terminated at the other by a vehicular turnaround.
CUT-AN EXCAVATION
The difference between a point on the original ground and designated point of lower elevation on the final grade. Also, the material removed in excavation.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Pennsylvania Department of Environmental Protection, its bureaus, divisions, departments and/or agencies, as may from time to time be established, or such Department or Departments as may in the future succeed it.
DESIGNATED FLOODPLAIN AREAS
Relatively flat or low land areas adjoining a river, stream or watercourse which is subject to partial or complete inundation in a one-hundred-year flood as designated in the Borough Zoning Ordinance [Chapter 27], as amended.
DETENTION POND
An area in which surface water runoff is temporarily stored pending its release at a controlled rate.
DEVELOPER
Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations, and the subdivision of land.
DEVELOPMENT PLAN
The provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development.
DRAINAGE FACILITY
Any ditch, gutter, culvert, storm sewer or other structure designed, intended or constructed for the purpose of carrying, diverting or controlling surface water or groundwater.
DRAINAGE RIGHT-OF-WAY
The lands required for installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRIVEWAY
A private vehicular passageway providing access between a street and a private parking area or private garage.
DWELLING
Any building which is designated for human living quarters, by not including hotels, boarding houses, tourist cabins, motels and other accommodations used for transient occupancy.
EASEMENT
A grant of limited use of private land for a public or quasi-public purpose.
ENGINEER
A registered professional engineer in Pennsylvania designated by the Borough of Forty Fort.
ENGINEERING SPECIFICATIONS
The engineering criteria of the Borough of Forty Fort regulating the installation of any improvement or facility. In the absence of such Borough engineering criteria, the applicable standards of the Luzerne County Subdivision and Land Development Ordinance shall apply.
EROSION
The removal of surface materials by the action of natural elements.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed. It shall include the conditions resulting therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. It shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of high elevation of the final grade. The material used to make fill.
FLOODPLAIN
The area along a natural watercourse which may from time to time be overflowed by water therefrom.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the one-hundred-year magnitude.
GRADING AND DRAINAGE PLAN
A plan showing all existing ground features and proposed grading, including existing and proposed surface and subsurface drainage facilities, described by grades, contours and topography.
IMPROVEMENTS
Those physical additions, installations and changes required to render land suitable for the use intended including, but not limited to, grading, paving, curbing, street lights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts and street shade trees.
INTERIOR WALK
A right-of-way or easement for pedestrian use, extending from a street into a block or across a block to another street.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
C. 
"Land development" includes development which involves:
(1) 
The conversion of an existing single family detached dwelling or single family semi-detached dwelling into not more than two residential units.
(2) 
The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building.
(3) 
The change of use of a property or tract of land which has material changes in requirements for improvements such as parking, setbacks, drainage, or any other requirements of the land development or zoning ordinances of the Borough.
LOT
A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
LOT OF RECORD
A lot described in a deed or shown on a plan of lots which has been recorded in the office of the Recorder of Deeds of Luzerne County, Pennsylvania.
LOT, CORNER
A lot abutting upon two or more streets at their intersection, the front of which shall be considered to be the frontage of least dimension on a street, except that where any two frontages shall each exceed 150 feet in length, either frontage may be designated as the "front" of the lot.
LOT, DOUBLE FRONTAGE
An interior lot which abuts streets in both the front and rear.
LOT, INTERIOR
A lot having side lot lines which do not abut on a street.
LOT, MINIMUM WIDTH
The distance between the side lot lines measured at the building setback line.
LOT, NONCONFORMING
A lot of record at the time of the adoption of this chapter, which by reason of area or dimension, does not conform to the requirements of this chapter.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the Borough of Forty Fort for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MARKER
A wood or metal stake placed to designate the boundary and corners of lots in the subdivision of land for the purpose of reference in land and property survey and to facilitate the sale of lots.
MINOR SUBDIVISION
The subdivision of land into not more than two parcels located on an existing improved street that does not involve:
Installation or improvements as required by this chapter; extension of utilities; frontage on an arterial or collector street; adverse effect to the development of the remaining parcel; adverse effect to adjoining properties; and conflict with the Borough of Forty Fort's Comprehensive Plan, Zoning Ordinance [Chapter 27], any portion of this chapter or other state, county or Borough ordinances, laws or regulations.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designated to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MONUMENT
A concrete, stone or other permanent object placed to designate boundary lines, corners of property, and rights-of-way of streets and utilities, for the purpose of reference in land and property survey.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Act of May 2, 1945, P.L. 382, No. 164, known as the "Municipalities Authority Act of 1945," or the Act of June 19, 2001, P.S. 287, No. 22, § 1, the "Municipality Authorities Act," 53 Pa.C.S.A. § 5601 et seq.
MUNICIPALITIES PLANNING CODE
Act of Assembly of July 1, 1968, P.L. 805, as amended.
ONE HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years.
OWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the owner, or other persons having a proprietary interest in the land, shall be deemed to be an owner for the purpose of this chapter.
PERFORMANCE GUARANTEE
Any security which may be in lieu of a requirement that certain improvements be made before the Council approve a final subdivision or land development plan, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PERSON
An individual, partnership, corporation or other legally recognized entity.
PLAN, FINAL
A complete and exact subdivision plan or land development plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.
PLAN, PRELIMINARY
A tentative subdivision plan or land development plan, in lesser detail that a final plan, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
PLAN, SKETCH
An informal plan, subdivision or land development plan, not necessarily to scale, indicating salient existing fixtures of a tract and its surroundings and the general layout of the proposed subdivision.
PLAN, SOIL EROSION AND SEDIMENTATION CONTROL
A plan for controlling erosion and sediment during construction which shall provide all steps, including scheduling, to assure erosion and sediment control during all phases of construction, including final stabilization.
PLANNING COMMISSION
The Planning Commission of the Borough of Forty Fort.
PLAT
A map or plan of a subdivision or use indicating the location and boundaries of individual properties.
PUBLIC GROUNDS
Includes:
A. 
Parks, playgrounds, trails, paths and other recreational areas and other public areas.
B. 
Sites for schools, sewage treatment refuse disposal and other publicly owned and operated facilities.
C. 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of October 15, 1998, P.L. 729, No. 93, § 1, 65 Pa.C.S.A. § 701 et seq., known as the Sunshine Act.
PUBLIC NOTICE
Notice published in accordance with the Borough code in a newspaper of general circulation. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
RE-SUBDIVISION
Any subdivision or transfer of land, laid out on a plan which has been approved by Council which changes or proposes to change property lines and/or public right-of-way in strict accordance with approved plan.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
RESERVE STRIP
A narrow parcel of ground having inadequate area for building purposes separating a street or a proposed street from other adjacent properties.
RESIDENT PROPERTY OWNER
Any individual maintaining a voting address in the Borough of Forty Fort, within 1,000 feet of the proposed subdivision, owning real estate in his own or joint names.
RIGHT-OF-WAY
Land legally dedicated for public purposes including, but not limited to, a street, alley or interior walk.
RUNOFF
The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of land.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited, or remains suspended in water, it is usually referred to as "sediment."
SEPTIC TANK
A watertight tank in which raw sewage is broken down into solid, liquid and gaseous phases to facilitate further treatment and final disposal.
SETBACK (BUILDING SETBACK LINE)
The line within a property defining the required minimum distance between any structure and the ultimate adjacent right-of-way, and the line defining side and rear yards where required.
SEWAGE DISPOSAL SYSTEM, ON-SITE
A system of piping tanks or other facilities serving a lot and collecting and disposing of sewage in whole or in part into the soil.
SEWAGE DISPOSAL SYSTEM, PUBLIC
A sanitary sewage collection method in which sewage is carried from the site by a system of pipes to a central treatment and disposal plant.
SHOULDER
The portion of a roadway (cartway) between the curb or gutter and the travelway intended for emergency and parking use.
SIGHT DISTANCE
The extent of unobstructed vision, in a horizontal or vertical plane, along a street, as defined in § 22-504 of this chapter.
SLOPE
The face of an embankment of cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to by used by vehicular traffic or pedestrians whether public or private.
A. 
Local access streets are those used primarily to provide access to abutting properties.
B. 
Collector streets are those streets, which are defined and classified in § 22-505, Subsection 1A(2), hereof.
C. 
Arterial streets are those serving large volumes of comparatively high-speed and long-distance traffic, and include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
D. 
Marginal access streets are minor streets, parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with the arterial street.
E. 
Half or partial street is a street generally parallel and adjacent to a property line having a lesser right-of-way width than normally required for satisfactory improvements and use of the street.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Borough Engineer, at least 90% (based of the cost of required improvements for which financial security was posted pursuant to the requirements of this chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SURVEYOR
A licensed professional land surveyor registered by the Commonwealth of Pennsylvania.
SWALE
A low-lying stretch of land characterized as a depression used to carry surface water runoff.
TOP SOIL
Surface soils and subsurface soils which normally are fertile soils and soil material, ordinarily rich in organic matter of humus debris. Top soil is usually found in the uppermost soil layer called the "A Horizon."
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded or in any other manner prepared for the construction of a building or other improvement.
UNIT
A part of the property, structure or building designed or intended for any type of independent use, which has direct exit to a public street or way, or to an easement of right-of-way leading to a public street or way, and includes a proportionate undivided interest in the common elements, which is assigned to the property, structure or building.
WATER FACILITY
Any water works, water supply works, water distribution system or part thereof, designed, intended or constructed to provide or distribute potable water.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Borough.
WATERCOURSE
A stream of water, river, brook, creek or a channel or ditch for water, whether natural or man-made.