LAND DEVELOPMENT as defined in Chapter 240 is an 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; or
- 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.
An IMPROVEMENT is the making of physical changes to the land, including but not limited to grading and paving, installation of curbs, gutters, stormwater management facilities, or sidewalks, and extensions and/or installation of water supply facilities and/or sanitary sewer facilities, in order to prepare the land for two or more residential units of occupancy or one or more nonresidential units of occupancy. “Improvement” shall also include the erection of a nonresidential building, the addition of more than 50square feet to a nonresidential building, the conversion of a nonresidential building into a greater or lesser number of units of occupancy, or the conversion of a single-family residence into four or more dwelling units. “Improvement” shall not include the erection of a residential accessory building or structure, including, but not limited to, attached or detached garages, swimming pools or tennis courts, or the erection of an accessory building or structure for agricultural purposes on a farm as defined in Chapter 240.
A SUBDIVISION of land also requires a Land Development Plan to be applied for and reviewed in accordance with Chapter 240.For the purpose of Chapter 240, the following circumstances are excluded form the definition of Land Development:
- 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;
- The addition of an accessory nonresidential building which is no more than 2,500 square feet of usable floor space on a lot or lots and which complies with the following:
- The accessory building does not create a need for any additional parking, per Chapter 270, Zoning.
- The accessory building does not, in accordance with the Pennsylvania Sewage Facilities Act, Act 537 of 1966, as amended, create the need for a sewer facilities plan revision (plan revision module for lane development), or supplement.
- The accessory building is not for the creation of additional units of occupancy.
- The accessory building does not require approval from the Zoning Hearing Board.
- The accessory building complies with all provisions of applicable Borough ordinances, including but not limited to, Chapter 226, Storm Water Management and Chapter 270, Zoning. For the purpose of this subclause, this exemption shall be limited cumulatively from the effective date of this chapter.