For the purpose of this Part 1, certain words
used in this Part 1 are defined below. Words used in the present tense
shall include the future. The singular number shall include the plural,
and the plural the singular. The word "shall" is mandatory and not
permissive. All other words, except for those words defined in the
Lake City Borough Zoning Ordinance,[1] shall have their normal meaning as defined in the most
recent printing of the Webster's Third New International Dictionary
of the English Language, Unabridged. Whenever the same terms are defined
in both this Lake City Subdivision and Land Development Ordinance
and the Lake City Zoning Ordinance,[2] and are defined differently, the definitions in this Part
1 shall take precedence.
As used in this Part 1, the following terms
shall have the meanings indicated:
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns (Planning Code).
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 (Planning Code).
An area bounded by streets.
Lake City Borough, Erie County, Pennsylvania.
The duly elected governing body of the borough.
An imaginary line fixed by the required yard depth measured
from the property line to the nearest point that a building may be
constructed to the front, side and rear yards.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street lines and the sight lines.
A parcel or parcels of a 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 (Planning Code).
The Erie County Department of Planning, Erie County, Pennsylvania.
Final adjudication of the Borough Council to do so, either
by reason of the grant of exclusive jurisdiction or by reason of appeals
from determinations. All decision shall be appealable to the Erie
County Court of Common Pleas in Erie County, Pennsylvania (derived
from Planning Code).
Final action by the Planning Commission charged with the
administration of this Part 1 or applications thereunder (derived
from Planning Code).
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 (Planning Code).
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 (Planning Code).
A right granted to use certain private land for a utility
or physical access, which is not inconsistent with the general property
rights of the owner.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots, such as grading,
water mains, sanitary sewers, storm sewers and drains, street shade
trees, street signs and monuments, street paving and lights, and curbs
and sidewalks.
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 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 (Planning Code). Certain
land development is excluded from the definition of land development
only when such land development involves: 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 existing
principal building; or the addition or conversion of buildings or
rides within the confines of enterprise which would be considered
an amusement park.
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 (Planning Code).
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 (Planning Code).
A lot, having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
The area of lot computed exclusive of any portion of any
street right-of-way.
Any lot which individually or as part of a subdivision has
been recorded in the office of the Recorder of Deeds in Erie County.
A mean horizontal distance between the side lot lines measured
along the front setback line.
The Lake City Borough Comprehensive Plan, which is the comprehensive
general plan, or any of its parts, for the future growth, protection
and development of the borough. This includes but is not limited to
the Borough Code, the Revitalization Plan (1992) and the Area Comprehensive
Plan (1979).
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
(Planning Code).
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 (Planning Code).
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes (Planning Code).
When a subdivider can show that a provision of this Part
1 would cause unnecessary hardship if strictly adhered to and where,
because of topographic or other conditions peculiar to the site, in
the opinion of the Planning Commission a departure may be made without
destroying the intent of such provisions, the Planning Commission
may recommend and the Borough Council authorize a modification. Any
modification thus authorized and the reasoning on which departure
was justified shall be entered on the minutes of the Borough Council.
A modification applies only to the particular subdivision for which
it is granted (derived from the Planning Code).
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, No. 164), Known as the "Municipality Authorities
Act of 1945"[1] (Planning Code).
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the borough (derived
from the Planning Code).
A complete and exact subdivision plan prepared for official recording as required by Article VI.
A tentative subdivision plan showing existing features of land and proposed street and lot layout within and adjacent to a subdivision as required in Article VI.
A freehand sketch showing the contemplated development of
the subdivision and its relationship to adjacent land.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or the 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 the municipal zoning ordinance[2] (Planning Code).
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended and/or re-enacted.[3]
The duly appointed (by Borough Council) planning agency of
the borough.
The map or plan of a subdivision or land development, whether
preliminary or final (Planning Code). A plat indicates the location
and boundaries of individual lots.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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 (Planning Code).
Land dedicated for use as a public street, alley or crosswalk,
which may also be used by: sewer, water, storm sewer, sidewalk, electric,
gas, telephone and cable systems, shade trees and parking.
A professional attorney licensed as such in Pennsylvania,
duly appointed (by Borough Council) as the municipal counsel of the
borough.
A set of drawings, approved by Borough Council showing improvements;
to include streets, sidewalks, cross-section, etc.
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 pedestrians, whether public or
private (Planning Code).
The streets are classified by function as follows:
LOCAL STREETA street used as the principal means of access to adjacent properties serving only a comparatively small number of businesses or dwellings.
COLLECTOR ROADA street connecting local streets to each other, to community facilities and to arterial highways serving district centers or neighborhood traffic.
MAJOR THOROUGHFARESA street connecting district centers, servicing large volumes of through traffic, preferably located outside or bounding the residential neighborhoods.
Other:
ALLEYA small street serving as a secondary means of access to two or more properties.
CUL-DE-SACA street with one end open for public vehicles and pedestrian access and the other end terminating in a vehicular turnaround. Culs-de-sac shall only be permitted in industrial development.
CROSSWALKSA right-of-way which cuts across a block to furnish access for pedestrians to adjacent streets or properties.
MARGINAL ACCESS STREETA street parallel and adjacent to an arterial highway providing direct access to abutting properties and controlled access with the major thoroughfare.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land (Planning
Code).
A person who is the registered owner, or authorized agent
of the registered owner, of land proposed for subdivision or land
development.
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 the
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 (Planning Code). The term
"subdivision" includes any land development of a parcel of land, for
example, as a shopping center, an industrial park or a planned residential
development, which involves installation of streets and/or alleys,
even though the streets and alleys may not be dedicated immediately
to public use and the parcel may not be divided immediately for purpose
of conveyance, transfer or sale.
A subdivision containing more than three lots requiring the
submission by the subdivider and approval by the Borough Council (either
conditional or final) of preliminary and final subdivision plans,
and any subdivision involving a new street, alley, crosswalk, right-of-way
or new easement.
A subdivision containing three lots or less served by an
existing public street wherein the Borough Council may waive the requirements
of submitting a preliminary subdivision plan, provided that the final
subdivision plan meets all the requirements of this Part 1.
Where, in the judgment of the Municipal Engineer, at least
90% (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 (Planning Code).
