Part 8

§22-801 Definitions.

1.    Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations have the meaning indicated:

A.    Words in the singular include the plural and those in the plural include the singular.

B.    Words used in the present tense include the future tense.

C.    The words “person” or “subdivider,” “and “owner” include a corporation, unincorporated association and a partnership, or other legal entity, as well as an individual.

D.    The word “building” includes structure and shall be construed as if followed by the phrase “or part of.”

E.    The word “watercourse” includes channel, creek, ditch, dry run, spring, stream, and river.

F.    The words “should” and “may” are permissive; the words “shall” and “will” are mandatory and directive, subject however, to the provisions of §123-70 A.

(Ord. 465, 1/8/1979, §801)

§22-802 Other Terms.

Other terms or words used herein shall be interpreted or defined as follows:

Alley–a public or private way affording only secondary means of access to abutting property. This is not intended to include “utility alleys” which are easements not open to public traffic intended solely for the placement and maintenance of utilities.

Applicant–a landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.

Application for development–every application, whether preliminary 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.

Appointing authority–the Borough Council of the Borough of Selinsgrove, Snyder County, Pennsylvania. [Ord. 650]

Authority–a body politic and corporate created pursuant to the Municipality Authorities Act of 1945.

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, the Act of June 19, 2001, P.L. 287, No. 22, §1, 53 Pa.C.S.A. §5601. [Ord. 825]

Block–an area bounded by streets.

Borough–Selinsgrove Borough, Snyder County, Pennsylvania. [Ord. 650]

Borough Council–the Borough Council of the Borough. [Ord. 650]

Borough Engineer–a professional engineer licensed as such in the Commonwealth of Pennsylvania designated by the Borough Council to perform all administrative and/or supervisory duties required of the Borough Engineer by the provisions of this Chapter.

Cartway (pavement)–that portion of a street or alley intended and designed for vehicular traffic.

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.

Code–the Pennsylvania Municipalities Planning Code as amended, 53 P.S. §10101 et seq., or any successor legislation. [Ord. 650]

Common open space–a parcel of land or water or combination of both located within a development site and designed and intended for the use and enjoyment of residents of a planned development not including streets, off-street parking areas and areas set aside for public facilities.

Comprehensive Development Plan–the Comprehensive Plan of the Borough of Selinsgrove as prepared by the Planning Commission and approved by Borough Council. A plan for the future growth, protection, and development of the Borough.

County Planning Commission–the Snyder County Planning Commission.

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.

Designated Floodplain Districts–those Floodplain Districts specifically designated in the Borough Zoning Ordinance [Chapter 27] as being inundated by the 100-year flood. Included are areas identified as the Floodway District (FW), the Floodway-Fringe District (FF), and the General Floodplain District (FA). [Ord. 521]

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 land development.

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 the development plan” shall mean the written and graphic materials referred to in this definition. [Ord. 650]

Easement–a right-of-way granted for limited use of private land for a public or quasi-public purpose.

Floodway–the channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the 100-year magnitude. [Ord. 521]

Governing body–the Borough Council of the Borough of Selinsgrove, Snyder County, Pennsylvania.

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:

(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 single 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)    The following are excluded from the definition of land development and, as such, do not require compliance with this Chapter:

(a)    The conversion of an existing single-family 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 buildings, 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 amusement park. 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 proper authorities.

[Ord. 650]

Landowner–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, shall be deemed to be a landowner for the purpose of this act.

Lot–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. [Ord. 650]

Mediation–a voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable. [Ord. 650]

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. 650]

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. 650]

Mobile home park–a parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots. [Ord. 650]

Municipal engineer–a professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency, or joint planning commission. [Ord. 650]

Municipality–the Borough of Selinsgrove in Snyder County, Pennsylvania.

Official Map–a map adopted by ordinance pursuant to Article IV of the Code, 53 P.S. §10401 et seq. [Ord. 650]

One-hundred-year flood–the waters of a flood that, on the average, is likely to occur once every 100 years, i.e., that has a 1 percent chance of occurring each year, and as delineated in the Selinsgrove Floodway Boundary and Floodway Map, and Flood Insurance Study. [Ord. 521]

Person–any natural individual, partnership, association, corporation, or other group or entity. Whenever used in any clause prescribing or imposing a penalty, person, when applied to firms, partnerships, or associations shall mean the partners or members thereof, and when applied to corporations, the officers thereof. [Ord. 650]

Plan, final–a complete and exact subdivision plan, prepared for official recording as required by statute and this Chapter, to define property rights and proposed streets and other improvements.

Plan, preliminary–the preliminary map or maps of a proposed subdivision, drawn and submitted in accordance with the requirements of these regulations.

Plan, sketch–the sketch map or maps of a proposed subdivision, drawn and submitted in accordance with the requirements or regulations.

Planned residential development–an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage, and required open space to the regulations established in any one district created, from time to time, under the provisions of this Chapter. [Ord. 650]

Planning Commission–the Selinsgrove Borough Planning Commission.

Plat–the map or plan of a subdivision or land development, whether preliminary or final. [Ord. 650]

Public grounds–includes parks, playgrounds, and other public areas, and sites for schools sewage treatment refuse disposal and other publicly owned or operated facilities.

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. 650]

Public meeting–a forum held pursuant to notice under the Sunshine Act (65 P.S. §271 et seq.).

Public meeting–a forum held pursuant to notice under the “Sunshine Act,” 65 Pa.C.S.A., Chapter 7. [Ord. 825]

Public notice–notice published once each week for 2 successive weeks in a newspaper of general circulation in the Borough. 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. 650]

Regulatory flood elevation–the 100-year flood elevation plus a freeboard safety factor of 1½ feet. [Ord. 521]

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 and any other ways used or intended to be used by vehicular traffic or pedestrian whether public or private, including the right-of-way. For the purpose of this Chapter streets shall be classified as defined in the following subparagraphs:

(1)    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 and include streets classified as arterial streets in the thoroughfare plan adopted by the Borough Planning Commission.

(2)    Connector streets are those which serve to provide relatively direct connections between built-up areas of the County and include streets classified as connector streets in the thoroughfare plan adopted by the Commission.

(3)    Collector streets are 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 collector streets in the thoroughfare plan adopted by the Borough Planning Commission.

(4)    Minor streets are those used primarily to provide access to abutting property.

(5)    Cul-de-sac. A minor street intersecting another street at one end and terminated at the other by a vehicular turnaround.

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.

Subdivider–anyone who undertakes subdivision or land development. [Ord. 650]

Subdivision–the division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels of 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. However, for the purposes of this Chapter, division by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement, and the conveyance out of separate halves of a double house from an original single lot shall not be deemed a subdivision. The term “subdivision” shall include land development as defined under this Chapter. [Ord. 656]

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) 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. 650]

Transferable development rights–the attaching of development rights to specified lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands within the municipality where more intensive development is deemed by the municipality to be appropriate. [Ord. 650]

Water survey–an inventory of the source, quantity, yield, and use of groundwater and surface-water resources within a municipality. [Ord. 650]

(Ord. 465, 1/8/1979, §802; as amended by Ord. 521, 11/15/1982, §8; by Ord. 650, 11/30/1995, §3(p); by Ord. 656, 9/9/1996, §3; and by Ord. 825, 10/3/2016, §7(B))