Unless otherwise expressly stated, the following terms shall
have the meaning indicated below.
A.
Words and phrases used in the singular include the plural, and words
and phrases used in the plural include the singular.
B.
Gender specific pronouns or references shall refer to all genders.
C.
The word "person" indicates any person or any corporation, unincorporated
association, partnership, estate, or other legal entity.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The word "structure" includes "building" and the use of either word
shall be construed as if followed by the phrase "or a part thereof."
F.
The word "may" is permissive; the words "shall" and "will" are mandatory.
G.
Periods of time stated as a number of days refer to consecutive calendar
days, unless specified as "working days."
H.
Words in the present tense include the future tense.
Other terms or words used in this chapter are defined as follows:
See "street."
See "building, accessory."
Average daily traffic volume.
The Allegheny County Sanitary Authority.
See "street."
A developer and/or landowner, as hereinafter defined, including
heirs, successors, and assigns, who has filed an application for subdivision
and/or land development.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development
for the approval of a subdivision plat or plan, or for the approval
of a development plan.
An architect, registered by the Commonwealth of Pennsylvania.
See "registered professional."
See "street."
Methods, measures or practices and facilities to prevent
or reduce surface runoff and/or water pollution, including, but not
limited to, structural and nonstructural stormwater management practices
and facilities and operation and maintenance procedures.
Either of the following:
A unit of land containing one or more lots, bounded by existing
or proposed streets, waterways, railroads, public lands, or other
barriers to contiguous development.
A portion of a site, together with any structures or plantings,
intended to provide a visual barrier or other protection between adjacent
parcels of land.
Any enclosed or open structure having a roof supported by
columns, piers, or walls.
BUILDING, ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building and located on the same lot as the principal building. Farm buildings not intended for habitation are considered to be accessory buildings.
BUILDING, PRINCIPALA building in which the primary use of the lot on which the building is located is carried on.
A line within a lot, parallel to the street line, designated on a plan as the minimum required distance between a building and the street center line or right-of-way line as specified by Chapter 359, Zoning.
When used in reference to a street, the maximum traffic volume
for which such street can provide adequate service.
The portion of a street, drive, or alley that is available
for vehicular traffic.
An area of unobstructed vision at a street intersection defined
by lines of sight between specified points on the center lines of
the intersecting streets.
See "street."
A document consisting of maps, charts, and text, prepared
in accordance with the MPC and adopted by a municipality and/or county
as a guide for future development.
A form of real property ownership which combines a system
of separate ownership of individual units of occupancy with a system
of undivided interests in land and common facilities.
A circular area measured from the trunk of a tree, in which
roots critical to the survival of the tree shall be protected. The
critical root zone shall be equal to the tree's dripline plus one
foot.
The part of the tree that consists of branches, stems, and
leaves.
See "street."
The diameter of a tree trunk at breast height, measured at
4.5 feet above natural grade.
The deliberate appropriation of land by its owner for general
public use.
A written instrument whereby an estate in real property is
conveyed.
A restriction upon property placed in a deed.
The Pennsylvania Department of Environmental Protection.
A man-made or natural facility designed to collect surface
water in order to impede its flow and to release it gradually in conformance
with an adopted watershed or stormwater management plan.
Any landowner, agent of such landowner, or tenant with the
permission of the landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development of a planned residential development,
a plat of subdivision or land development including 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.
The land required for the installation of storm sewers or
other drainage facilities, or along the floodway of a natural stream
or watercourse, or to safeguard the public against flood damage.
A private drive providing access between a public or private
street or access drive and the parking area for a single residential
dwelling unit. A shared driveway is a private drive serving two residential
dwelling units.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
the moving, depositing, stockpiling, or storing of soil, rock or earth
materials.
Authorization by a property owner for the use by another,
and for a specific purpose, of any designated part of his property.
A professional engineer registered by the Commonwealth of
Pennsylvania. See "registered professional."
The detachment and movement of soil or rock fragments, or
the wearing away of the surface of the land by wind, water, ice, or
gravity.
The plan of a proposed subdivision or land development including
all supplemental information required by this chapter to obtain final
approval and in a form acceptable for recording in the Allegheny County
Department of Real Estate.
Any financial security which may be accepted in lieu of certain
improvements being made prior to approval and recording of a final
plan, pursuant to the Pennsylvania Municipalities Planning Code.[1]
A relatively flat or low land area which is subject to inundation
from the rapid accumulation of surface waters; including Floodway
Districts, Flood-Fringe Districts, and General Floodplain Districts.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a watercourse and portions of the adjoining
floodplain which are reasonably required to carry and discharge the
one-hundred-year-frequency flood. The boundary of the floodway shall
be as delineated on maps and studies prepared by the Federal Emergency
Management Agency (FEMA). In areas where no FEMA maps and studies
have defined the floodway, the assumed floodway boundary shall be
50 feet, as measured from the top of the bank of the stream.
The average level of the finished surface of the ground adjacent
to the exterior walls of a building.
A plan, showing excavation or fill, or any combination thereof,
including the conditions resulting from any excavation or fill, to
be prepared and submitted with an application for development whenever
any land disturbance is proposed.
Any building, site, structure, object, district or area that:
Is listed individually in the National Register of Historic
Places (a listing maintained by the Department of the Interior) or
preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Is certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Is individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Physical changes to land, including but not limited to grading,
removal of vegetation, buildings, landscaping, pavement, curbs, gutters,
storm sewers and drains, changes to existing watercourses, sidewalks,
street signs, monuments, water supply facilities, and sewage disposal
facilities.
Any of the following:
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; 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;
A subdivision of land. (See "subdivision.")
"Land development" shall not include:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, 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.
Any of the following:
An ongoing or completed operation and related activities
involving or primarily connected with reshaping of land, including
grading, removal of trees, vegetation or other ground cover, transporting
fill or other material for disposal purposes and resurfacing of land.
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 conditions), a lessee (if he
is authorized under the lease to exercise the right of the landowner),
or other person having a proprietary interest in land.
A landscape architect registered by the Commonwealth of Pennsylvania.
See "registered professional."
Land that is susceptible to movement or sliding, as identified
in the Soil Survey of Allegheny County, prepared by the Soil Conservation
Service of the United States Department of Agriculture; or as identified
on the Landslide Susceptibility Map of Allegheny County; or as identified
in the Mining and Physiographic Study, Allegheny County, Pennsylvania,
prepared by A.C. Ackenheil & Associates; or as established by
geotechnical investigation.
A map delineating areas judged to be susceptible to landsliding
or movement, prepared by the United States Geological Survey on 7.5
minute quadrangle maps of the county in 1974.
The purpose for which land is arranged, designed, or intended,
or for which land is or may be occupied or maintained.
A qualitative measure describing operational conditions within
a traffic stream; generally described in terms of such factors as
speed, freedom to maneuver, traffic interruptions, comfort, convenience,
and safety. Levels of service are designated A through F, with LOS
A indicating the best service and LOS F indicating the worst.
See "street."
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.
The area contained within the lot lines of the individual
parcels of land as shown on a subdivision plan, excluding the area
within the street right-of-way or easement for overhead utility lines
but including any easements, expressed in terms of acres or square
feet.
The average distance between the street right-of-way and
the rear lot line, measured perpendicular or radial to the right-of-way.
The width of a lot measured along the street line.
The distance between the side lines of the zoning lot measured
at the shortest distance at or between the front and rear building
lines as determined by the prescribed front and rear yard requirements.
An area within a lot between the building setback lines and
the lot lines.
See "land development, minor."
See "subdivision, minor."
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 surveys.
The Pennsylvania Municipalities Planning Code.[2]
A professional engineer or engineering firm, licensed as
such in the Commonwealth of Pennsylvania, duly appointed as the engineer
for the Municipality.
The Council of the Municipality of Monroeville.
Municipality of Monroeville, a Home Rule Charter Municipality,
Allegheny County, Pennsylvania.
The Municipality of Monroeville Subdivision and Land Development
Ordinance ("this chapter").
See "lot."
The hour during which the heaviest volume of traffic occurs.
The map or plan of a subdivision or land development, whether
preliminary or final.
See "subdivision, plat adjustment."
The plan of a proposed subdivision or land development, including
all supplementary information required by this chapter to obtain preliminary
approval.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects. Or planners.
A formal meeting held pursuant to public notice, 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 July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[4]
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Municipality. The notice
shall state the time and place of a 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.
A water system within the Municipal boundaries that is owned
and operated by a public utility company.
A final plan which contains the original endorsement of the
Municipality and the Allegheny County Department of Economic Development,
which is intended to be recorded with the Allegheny County Real Estate
Department.
An individual, licensed in the Commonwealth of Pennsylvania
to perform services or activities required by provisions of this chapter
and qualified by training and experience to perform the specific services
and/or activities with technical competence.
Land reserved or dedicated for use as a street, pedestrian
way, or other means of public or private transportation; or for an
electric transmission line, oil or gas pipeline, water main, sanitary
or storm sewer, or other special use. A right-of-way includes the
entire area reserved or dedicated for the use.
The surface water after a rain or snow that does not enter
the soil but runs off the surface of the land.
Fragmented material that originated from weathering rocks
and decomposing organic material that is transported by, suspended
in, and eventually deposited in the streambed.
Occurs when sediment particles that have been suspended within
flowing water are deposited on the stream bottom of floodplain.
See "building setback line."
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
An informal plan, for use in a preapplication meeting.
A professional engineer registered by the Commonwealth of
Pennsylvania who has training and experience in soils engineering.
See "registered professional."
A series of aerial photographs on which soils are classified
according to a variety of characteristics and accompanying explanatory
text, prepared by the United States Department of Agriculture, Soil
Conservation Service, August 1981. (Note: The Soil Conservation Service
is now the Natural Resources Conservation Service.)
Any land area with a grade that exceeds four horizontal to
one vertical, or 25%.
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of vehicular travel,
encompassing the following types:
ARTERIAL STREETStreets which are used primarily for through, fast traffic at high volumes.
Minor arterials. Interconnects with and augments principal arterials;
accommodates trips of moderate length; distributes travel to areas
smaller than identified with higher systems; places emphasis on land
access and offers lower traffic mobility; and spacing is normally
not more than one mile.
PRINCIPAL ARTERIALSServes major centers of activity and carries high proportion of area travel even though it constitutes a relatively small percentage of the total roadway network; integrates both internally and between major rural connections; carries most trips entering and leaving the area and serves intra-area travel; provides continuity for rural arterials; and spacing is related to trip-end density characteristics.
COLLECTOR STREETSProvides both land access services and traffic circulation; distributes trips from arterials through residential neighborhoods to ultimate destination; and collects traffic from local streets and channels to arterials.
INTERSTATES AND OTHER LIMITED ACCESS FREEWAYSProvides limited access facilities.
LOCAL ROADSComprises all facilities not in one of the higher systems; permits direct access to abutting lands and connects higher systems; and discourages through-traffic movement.
ALLEYA service road that provides secondary means of through access to lots.
CUL-DE-SACA street with a single means of ingress and egress and a turnaround.
ACCESS DRIVEA private drive providing access between a public or private street and a parking area within a land development, or any driveway servicing two or more buildings or uses.
A street not accepted for dedication by a municipality.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including,
in addition to buildings, billboards, carports, porches, and other
building features, but not including sidewalks and driveways.
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 easements of access or any residential
dwelling shall be exempted.
A subdivision of land into not more than four lots, not requiring
any new street or access easement.
Any of the following:
A surveyor registered by the Commonwealth of Pennsylvania.
See "registered professional."
A single or one-directional vehicle movement.
See "land use."
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
All land and water within the confines of a drainage basin.
A designated area of the land surface which, through recharge
or other means, provides water to sustain the yield of a protected
public water supply well.
Any area defined as a wetland by the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands.
An area of trees whose total combined canopy covers one acre
or more, in which at least 70% of the canopy trees have a dbh of 2.5
inches or more. Woodlands may also include tree plantations for commercial
or conservation purposes, and groves or stands of trees covering less
than one acre. Categories of woodlands shall be as follows:
Mature woodland. An area of trees whose total combined canopy
covers one acre or more, in which at least 50% of the canopy trees
have a dbh of 10 inches or more.
Groves and stands. A contiguous grouping of eight or more individual
trees having a dbh of at least 12 inches, and whose combined canopy
covers at least 50% of the area encompassed by the grove, and which
is not located within a woodland.
Days that the offices of the Municipality of Monroeville
are open for business.
See "lot, yard."
