As used in this Chapter, the following terms shall be defined as follows:
Alley–a minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
Application for development–every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or 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. [Ord. 350]
Block–an area bounded by streets.
Borough Engineer–a professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Borough or the Planning Commission. [Ord. 350]
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 right-of-way lines.
Commission–The Blossburg Borough Planning Commission.
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 of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. [Ord. 350]
Council–the Blossburg Council.
Cul-de-sac–a minor street intersecting another street at one end and terminated at the other by a vehicular turnaround.
Dedication–the deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
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 lend or a land development. [Ord. 350]
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. [Ord. 350]
Easement–a right-of-way granted for limited use of private land for a public or quasi-public purpose.
Half or partial street–a street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for satisfactory improvement and use of the street.
Interior walk–a right-of-way for pedestrian use extending from a street into a block or across a block to another street.
Land development–any of the following activities:
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a singe nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(b) 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.
(2) A subdivision of land.
(3) “Land development” does not include development which involves:
(a) The conversion of an existing single family detached dwelling or single family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(b) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building.
(c) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this definition, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities. [Ord. 350]
Lot–a designated parcel, tract or area of land established by a plat otherwise as permitted by law and to be used, developed or built upon as a unit. [Ord. 350]
Mobile home–a transportable, single family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed 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. [Ord. 350]
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. [Ord. 350]
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 or the placement thereon of mobile homes. [Ord. 350]
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,” 53 P.S. §301 et seq., or the Municipality Authorities Act, Act of June 19, 2001, P.L. 287, No. 22, §1, 53 Pa.C.S.A. §5601 et seq. [A.O.]
Pavement–the portion of a street or alley intended for vehicular use.
Plan, final–a complete and exact subdivision plan, prepared for official recording as required by statute to define property rights and proposed streets and otherimprovements.
Plan, preliminary–a tentative subdivision plan, in lesser detail than a final plan, showing approximate proposed streets and lot layout as a basis for consideration prior to preparation of a final plan.
Plan, sketch–an informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout the proposed subdivision.
Public grounds–includes:
(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas.
(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
(3) Publicly owned or operated scenic and historic sites.
[Ord. 350]
Public hearing–a formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter. [Ord. 350]
Public meeting–a forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84) Act of October 15, 1998, P.L. 729, No. 93, §1, known as the “Sunshine Act,” 65 Pa.C.S.A. §701 et seq. [A.O.]
Public notice–notice published once each week for 2 successive weeks in a newspaper of general circulation in the Borough of Blossburg. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than 7 days from the date of the hearing. [Ord. 350]
Reverse frontage lot–a lot extending between and having frontage on a major traffic street and a minor street, and with vehicular access solely from the latter.
Right-of-way–land reserved for use as a street, alley, interior walk, or for other public purpose.
Setback or building line–the line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way.
Sight distance–the maximum extent of unobstructed vision (in a horizontal or vertical plane) along a street from a vehicle located at any given point on the street.
Street–includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. [Ord. 350]
Collector streets–those which, in addition to giving access to abutting properties, intercept minor streets and provide routes, carrying considerable volumes of traffic, to community facilities and to major traffic streets, and include streets classified as secondary streets in the traffic plan adopted by the Borough Planning Commission.
Major traffic streets–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, and include streets classified as arterial thoroughfares or primary streets in the traffic plan adopted by the Borough Planning Commission. [Ord. 350]
Marginal access streets–minor streets, parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with the major traffic streets.
Minor streets–used primarily to provide access to abutting property.
Street, public–a street dedicated to public use.
Structure–any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. [Ord. 350]
Subdivider–the owner, or authorized agent of the owner, of a subdivision.
Subdivision–the division or redivision of a lot, tract or parcel of 1and 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. [Ord. 350]
Substantially completed–where in the judgment of the Borough engineer, at least 90 percent (based on the cost of the 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. [Ord. 350]
Water survey–an inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Borough. [Ord. 350]
Yard–an open space as may be required by this Chapter of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward.
Yard, front–an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward.
Yard, rear–an open space extending the full width of the lot line between a building and the rear lot line, unoccupied and unobstructed from the ground upward.
Yard, side–an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
(Ord. 164, 8/20/1965, § 6.200; as amended by Ord. 350, 5/6/1991, §3; and by A.O.)