§ 107-9. Definitions.


Latest version.
  • As used in this chapter, the following terms shall have the meanings indicated:
    ALLEY
    A strip of land over which there is a public right-of-way, on which no dwellings front, and which is designed to serve as secondary access to two or more lots.
    APPLICANT (MPC)
    A landowner or developer who has filed an application for development, including his heirs, successors and assigns.
    APPLICATION FOR DEVELOPMENT (MPC)
    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.
    BLOCK
    A tract of land bordered on one side by a street and on the remaining sides by streets, railroad rights-of-way, waterways, underdeveloped areas and/or other definite barriers. (See Exhibit No. 5 in the Appendix, Sample Design Illustrations.)
    BUILDING
    A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers utilized for human habitation.
    BUILDING SETBACK LINE
    A line within a lot defining the required minimum distance between any building and the front property or right-of-way line.
    CARTWAY
    That portion of a street or alley which is improved, designated, intended, used or capable of being used for vehicular travel.
    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 the street center lines. (See Sample Design Illustrations included in the Appendix, Exhibit No. 5.)
    COMPREHENSIVE PLAN
    The general plan utilized to guide the growth, for the protection and development of Lawrence Township (Clearfield County), adopted by the Board of Lawrence Township Supervisors.
    DECISION (MPC)
    Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Clearfield County and the judicial district wherein the Township lies.
    DEVELOPER (MPC)
    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, mobile homes, or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
    DEVELOPMENT PLAN (MPC)
    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 the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
    EASEMENT
    A defined right of use for certain lands granted for a special purpose not inconsistent with the general property rights of the owner.
    FLOODPLAIN
    A relatively flat or low area adjoining a river, stream or watercourse which is subject to partial or complete inundation of water; or an area subject to the unusual and rapid accumulation of runoff or surface water from any source. The floodplains are reflected on maps included in the Township Zoning Ordinance.
    FLOODWAY
    That portion of the one-hundred-year floodplain, including the channel of a river or other watercourses and the adjacent land areas which are required to carry and discharge the one-hundred-year flood as delineated on the Township's Official Flood Insurance Study and accompanying maps identified by the Federal Insurance Administration, and where the activities permitted elsewhere in the floodplain will not cumulatively increase the water surface elevation more than one foot at any given point. The detailed study of the regulatory flood provides specific flood profiles and allows for the delineation of both floodway and flood fringe areas within the bounds of the floodplain.
    HARDSHIP
    Physical circumstances or conditions of the land to be subdivided prevent strict conformity with the provisions of this chapter and the authorization of a variance may be necessary to enable the reasonable use of the property.
    HOMEOWNERS' ASSOCIATION
    An incorporation of lot owners for the purpose of providing for ownership and maintenance of community improvements.
    IMPROVEMENT
    The physical additions, installations and changes required to render usable and desirable lots from raw acreage.
    IMPROVEMENT GUARANTEE
    Any acceptable financial security approved by the Board of Township Supervisors as being adequate to cover the construction costs of any and all required improvements.
    LAND DEVELOPMENT (MPC)
    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; or
    (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. 
    Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.
    LANDOWNER (MPC)
    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 landowner, or other person having a proprietary interest in land.
    LOT (MPC)
    A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
    MAINTENANCE AGREEMENT
    A legally enforceable document which outlines the maintenance responsibilities for private subdivision improvements.
    MOBILE HOME (MPC)
    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.
    MOBILE HOME LOT (MPC)
    A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
    MOBILE HOME PARK (MPC)
    A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes.
    NONBUILDING LOT
    A designated parcel, tract or area of land proposed to be conveyed as an addition to an existing adjacent building lot or to be established as an independent lot upon which no residential structure nor sewage disposal system may be placed. These lots must be used for accessory purposes only.
    ORDINANCE
    The Lawrence Township Subdivision and Land Development Ordinance.
    PLAN, FINAL
    A complete and exact subdivision plan prepared for official recording as required by this chapter. (See Exhibit No. 9 in the Appendix, Sample Design Illustrations.)
    PLANNING COMMISSION, TOWNSHIP PLANNING COMMISSION OR COMMISSION -
    The Lawrence Township Planning Commission of Clearfield County.
    PLAN or PLAT (MPC)
    The map or plan of a subdivision or land development, whether preliminary or final.
    PLAN, PRELIMINARY
    A general subdivision plan showing existing features of land and proposed streets and lot layout within and adjacent to a subdivision as required by this chapter. (See Exhibit No. 7 in the Appendix, Typical Preliminary Plan.)
    PLAN, SKETCH
    A rough sketch showing the contemplated development of the subdivision and its relationship to adjacent land. (See Exhibit No. 4 in the Appendix, Sample Sketch Plan.)
    PUBLIC GROUNDS (MPC)
    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 or operated facilities; and
    C. 
    Publicly owned or operated scenic and historic sites.
    PUBLIC HEARING (MPC)
    A formal meeting held pursuant to public notice by Lawrence Township or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
    PUBLIC MEETING (MPC)
    A forum held pursuant to notice under 65 Pa.C.S.A. § 701 et seq. (P.L. 729, No. 93), known as the "Sunshine Act."
    PUBLIC NOTICE (MPC)
    Notice published once each week for two successive weeks in a newspaper of general circulation in Lawrence Township. 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 seven days from the date of the hearing.
    REGULATORY FLOOD
    The flood which has been selected to serve as the basis on which the floodplain management provisions of this chapter and other ordinances have been prepared; for the purpose of this chapter, the one-hundred-year flood, as identified by the Federal Insurance Administration.
    REGULATORY FLOOD ELEVATION
    The one-hundred-year-flood elevation based on the information contained in the Official Flood Insurance Study.
    REPORT (MPC)
    Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
    REVERSE FRONTAGE LOT
    A lot having its front and rear lot lines abutting the right-of-way of a street. (See Exhibit No. 5 in the Appendix, Sample Design Illustrations.)
    RIGHT-OF-WAY
    A strip of land reserved or dedicated for a street, alley, or other public improvement purpose.
    SIGHT DISTANCE
    The distance an object is visible along a street from any given point on the center line of said street. (See Exhibit No. 5 in the Appendix.)
    SINGLE-LOT SUBDIVISION
    A subdivision consisting of the first and second lots subdivided from an original tract.
    STREET (MPC)
    Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
    STREET, CUL-DE-SAC
    A local street having one end open to vehicular traffic and being permanently terminated by a vehicular turnaround at the opposite end. (See Exhibit No. 5 in the Appendix.)
    STREET, DEAD-END
    A street with only one vehicular outlet but which has a temporary turnaround and which is designed to be continued when adjacent open land is subdivided.
    STREET, HALF
    A street parallel and adjacent to a property line having a lesser right-of-way width than required for improvement and dedication of the street.
    STREET, PRIVATE
    Any street which is not a public street, may serve not more than two lots and which is intended for private construction, use and maintenance.
    STRUCTURE (MPC)
    Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
    SUBDIVISION (MPC)
    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.
    TOWNSHIP ENGINEER (MPC)
    A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Township, or its planning agency.
    VARIANCE (MPC)
    Relief granted pursuant to the provisions of this chapter.
    Editor's Note: The Appendix material to this chapter is on file in the Township offices.
    Editor's Note: The Appendix material to this chapter is on file in the Township offices.
    Editor's Note:See Ch. 125, Zoning.
    Editor's Note: See 53 P.S. § 10101.
    Editor's Note: The Appendix material to this chapter is on file in the Township offices.
    Editor's Note: The Appendix material to this chapter is on file in the Township offices.
    Editor's Note: The Appendix material to this chapter is on file in the Township offices.
    Editor's Note: The Appendix material to this chapter is on file in the Township offices.
Amended 2-4-2003 by Ord. No. 2003-01