[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]
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.
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.
An area, divided into lots, and usually bounded by streets.
The Borough of Forty Fort.
A combination of materials to form a permanent structure
having walls and a roof including, but not limited to, all mobile
homes and trailers.
The portion of a street or alley improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
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.
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.
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.
The Council of Forty Fort, Luzerne County, Pennsylvania.
The County of Luzerne, Pennsylvania.
The Planning Commission of the County of Luzerne.
A minor street intersecting another street at one end and
terminated at the other by a vehicular turnaround.
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.
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.
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.
An area in which surface water runoff is temporarily stored
pending its release at a controlled rate.
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.
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.
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.
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.
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.
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.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
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.
A grant of limited use of private land for a public or quasi-public
purpose.
A registered professional engineer in Pennsylvania designated
by the Borough of Forty Fort.
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.
The removal of surface materials by the action of natural
elements.
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.
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.
The area along a natural watercourse which may from time
to time be overflowed by water therefrom.
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.
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.
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.
A right-of-way or easement for pedestrian use, extending
from a street into a block or across a block to another street.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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.
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.
A subdivision of land.
"Land development" includes development which involves:
The conversion of an existing single family detached dwelling
or single family semi-detached dwelling into not more than two residential
units.
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building.
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.
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.
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.
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.
An interior lot which abuts streets in both the front and
rear.
A lot having side lot lines which do not abut on a street.
The distance between the side lot lines measured at the building
setback line.
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.
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.
Any subdivision not classified as a minor subdivision.
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.
The subdivision of land into not more than two parcels located
on an existing improved street that does not involve:
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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.
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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.
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.
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.
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.
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.
Act of Assembly of July 1, 1968, P.L. 805, as amended.
A flood that, on the average, is likely to occur once every
100 years.
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.
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.
An individual, partnership, corporation or other legally
recognized entity.
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.
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.
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.
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.
The Planning Commission of the Borough of Forty Fort.
A map or plan of a subdivision or use indicating the location
and boundaries of individual properties.
Includes:
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.
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.
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.
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.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
A narrow parcel of ground having inadequate area for building
purposes separating a street or a proposed street from other adjacent
properties.
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.
Land legally dedicated for public purposes including, but
not limited to, a street, alley or interior walk.
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.
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."
A watertight tank in which raw sewage is broken down into
solid, liquid and gaseous phases to facilitate further treatment and
final disposal.
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.
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.
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.
The portion of a roadway (cartway) between the curb or gutter
and the travelway intended for emergency and parking use.
The extent of unobstructed vision, in a horizontal or vertical plane, along a street, as defined in § 22-504 of this chapter.
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.
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.
Local access streets are those used primarily to provide access
to abutting properties.
Collector streets are those streets, which are defined and classified in § 22-505, Subsection 1A(2), hereof.
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.
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.
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.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
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.
A licensed professional land surveyor registered by the Commonwealth
of Pennsylvania.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
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."
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.
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.
Any water works, water supply works, water distribution system
or part thereof, designed, intended or constructed to provide or distribute
potable water.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Borough.
A stream of water, river, brook, creek or a channel or ditch
for water, whether natural or man-made.
