For the purpose of this chapter, certain terms
and words used herein shall be interpreted or defined as follows:
A.Â
Words used in the present tense shall include the
future.
B.Â
Words used in the singular number shall include the
plural.
C.Â
Words used in the plural number shall include the
singular.
D.Â
The word "person" includes a corporation as well as
an individual, or an unincorporated association.
E.Â
The words "shall" and "will" are always mandatory.
F.Â
The word "may" is permissive or discretionary where
compliance is indicated.
Unless otherwise expressly stated, the following
words or phrases shall, for the purpose of this chapter, have the
meanings herein indicated and shall be literally applied by the Township
of Middlesex staff, members of the Planning Commission, Zoning Hearing
Board, consultants and by the Board of Supervisors. Words or terms
used but not defined in this chapter shall have the same meaning as
stated in the Pennsylvania Municipalities Planning Code[1] or Chapter 175, Zoning.
A tract of land or an area used principally as the location
for permanent amusement structures or rides.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
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 zoning
permit, for the approval of a subdivision plan or for the approval
of a development plan. Every application for development must include
the form designated by the Township and all other plans and information
required by this chapter and all other Township ordinances.
An architect registered by the Commonwealth of Pennsylvania.
The area of a lot measured on a horizontal plane bounded
by the front, side and rear lot lines of the lot.
The lot area less any portions of the lot located in identified
floodplain areas, or wetlands.
The site area less any portions of the site located in environmentally
sensitive areas, those areas designated for nonresidential uses, including,
but not limited to, limited neighborhood commercial areas and common
open space, and those areas consisting of streets and utilities.
The total area of the lot or lots comprising a site.
Plans, profiles, cross-sections and construction details,
prepared by the subdivider's engineer or surveyor, showing the exact
location, elevation, grade, size and nature of material of all the
improvements after completion, drawn to the same scale as the approved
construction drawings. Said plans shall be on reproducible linen or
plastic.
Any area of the building having its floor below ground level
on all sides.
An area bounded on all sides by roads.
A roofed structure used for shelter, enclosure or protection
of persons, goods, materials, equipment or animals. When separated
by walls which are common with the walls of adjoining buildings, each
portion of such structure shall be considered a separate building.
A line extending across a lot, establishing the minimum open
space to be provided between the front line of buildings and the front
lot line.
A paved area of right-of-way exclusive of a curb structure.
An area of unobstructed vision at a street intersection,
defined by lines of sight between points at a given distance from
the intersection of street lines.
A concept of designs and site planning in which several houses
are grouped together on a tract of land. Each cluster of houses is
set off from others by an intervening space, often held for the common
enjoyment of the neighboring residents or the community at large and
which helps give visual definition to each individual group.
Middlesex Township Planning Commission, Butler County, Pennsylvania.
That area in a subdivision or land development, including
common open space, owned or leased and maintained by an association
or other combination of persons for the benefit of the residents of
the subdivision or land development and, if owned under the Pennsylvania
Unit Property Act,[2] including all common elements designated for the use of
all dwelling unit owners.
The Comprehensive Plan of Middlesex Township indicating the
general locations recommended for circulation facilities, community
improvements and land uses.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
An imaginary line connecting all points with the same elevation
above or below a fixed base point whose elevation is known.
The County of Butler, Commonwealth of Pennsylvania.
An agreement legally binding successor owners of property
to certain conditions regarding the use of the property stipulated
by the original owner or owners.
A public right-of-way which crosses a block to furnish access
to pedestrians to adjacent streets or properties.
A short street having one end open to traffic and being permanently
terminated by a vehicle turnaround.
Any structure not classified as a bridge, which provides
an opening under the roadway.
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.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, streets
and other paving, utilities, filling, grading, excavation, mining,
dredging or drilling operations and the subdivision of land.
The provisions for development, including a land 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.
All drawings, cross sections, applicable standard drawings
or reproductions thereof pertaining to the construction of the project.
An improved vehicular access facility serving a maximum of
two parcels or lots which may be under separate or common ownership
which connects the parcels and provides access to a public street.
An improved vehicular access facility serving only one parcel
or lot, which provides access to a public street but which does not
provide access to any other lot or parcel under separate ownership.
One or more living or sleeping rooms with cooking and sanitary
facilities for one or more persons or one family.
A nonpossessory interest in land; a grant of one or more
property rights by the landowner to and for the use by the public,
a corporation or another person or entity and the use of which shall
not be inconsistent with the rights of the grantee.
A point or series of points (see "contours") which are a
known vertical distance above or below a predetermined elevation datum.
All elevations used shall be based on United States Geological Survey
Datum.
A professional engineer registered by the Commonwealth of
Pennsylvania.
An assessment of the impact of a use on the 1) natural environment,
including geology, topography, soils, hydrology, vegetation, wildlife,
wetlands and air quality; and 2) the cultural environment, including
lot use, utilities, traffic, population, economics, services, historic
assets and general character of the neighborhood. The assessment of
traffic impact must include a complete traffic analysis prepared and
sealed by a professional traffic engineer identifying the impact of
the proposed development on existing traffic and circulation patterns
and proposing solutions to problems which may arise as a consequence
of the proposed development.
An area with one or more of the following environmental characteristics:
Surety, in a form acceptable to the Township Solicitor, in
the form of cash, a certified check or irrevocable letter of credit
and restrictive or escrow account or set-aside agreement from a federal-
or commonwealth-chartered lending institution, or a corporate performance
bond or a labor-and-material payment bond from a surety company authorized
to conduct business in the commonwealth, which may be classified as
the following:
IMPROVEMENT SECURITYA financial security which guarantees the satisfactory completion of improvements required by this chapter.
MAINTENANCE SECURITYA financial security which guarantees the structural functioning and integrity of improvements required by this chapter for a specified period after their completion and acceptance by the Township.
A temporary inundation of normally dry land areas.
A study with the accompanying Flood Boundary - Floodway Map
prepared for the Township by the Federal Emergency Management Agency.
A flood that, on the average, is likely to occur once every
100 years.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse, and or any area subject to the unusual and rapid accumulation
of surface waters from any source.
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.
Form 408, Pennsylvania Department of Transportation latest
revised data or addition thereto.
A number assigned to a specific lot or parcel to be used
as an address.
Any of the following improvements for which plans must comply with the minimum requirements of this chapter, Chapter 101, Improvement Design Standards, Chapter 175, Zoning, or with conditions of approval of a final plat, land development, site plan or conditional use: roads, streets, walkways, parking areas, gutters, curbs, waterlines, sewers, stormwater management facilities, landscaping, lighting, traffic control devices and other facilities to be owned, maintained or operated by a private entity, such as an individual, corporation or owners' association, including temporary erosion and sedimentation control or stormwater management methods undertaken during construction.
All roads, streets, walkways, sidewalks, gutters, curbs, sewers, waterlines, stormwater management facilities, landscaping, road lighting, traffic control devices and other facilities to be dedicated to or maintained by the Township for which plans and specifications must comply with Chapter 101, Improvement Design Standards.
An authorized representative of the Supervisors assigned
to make any and all inspections of the work performed and materials
furnished by the developer.
Any of the following activities:
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 tenants; 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, leasehold, condominiums, building groups or other features.
A subdivision 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 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.
A landscape architect registered by the Commonwealth of Pennsylvania.
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.
A line which separates a lot from another lot or from a street
or any other public or private space.
A line parallel to a lot line, at a distance from the lot line in accordance with the yard, perimeter or setback requirements of Chapter 175, Zoning.
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.
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°.
The mean horizontal distance between the front and rear lines
of a lot.
A lot other than a corner lot.
A lot that abuts upon two parallel streets or that abuts
upon two streets that do not intersect at the boundaries of the lot.
The horizontal distance between side lot lines measured on the front yard setback line in accordance with Chapter 175, Zoning.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement are is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of Chapter 84, Floodplain Management, or the building code.[3]
A mobile home as defined in Chapter 175, Zoning.
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.
A parcel of 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.
A permanent marker constructed of 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, Act 247 of
1968, 53 P.S. § 10101 et seq., and as it may be amended.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site and designated 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.
That area of land suitable for the development of specific
active recreation facilities for leisure time activities, usually
of a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites or fields including but
not limited to baseball fields, soccer fields, football fields, tennis,
basketball and other court games, hockey facilities, multipurpose
fields and community swimming pools and attendant facilities.
An area of land providing a connection for bicyclists and
pedestrians between two streets or two lots.
The Pennsylvania Department of Transportation.
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 provisions established in any one district created, from time to time, under the provisions of Chapter 175, Zoning.
The preliminary map or maps of a proposed subdivision, drawn
and submitted in accordance with the requirements of this chapter.
The map or plan of a subdivision or land development, whether
preliminary or final, which has been approved.
An easement granted to the public for all the purposes for
which a public sidewalk may be used, including but not limited to
pedestrian and bicycle travel.
A formal meeting held pursuant to public notice by the governing
body or planning agency, 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 October
15, 1998, P.L. 729, No. 93 (65 Pa.C.S.A. § 701 et seq.), 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. 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 be not more than 30 days or less than seven days from the date
of the hearing.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1Â 1/2 feet.
A 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.
A parcel of land separating a street from adjacent properties.
An area of land reserved or dedicated for use as a street,
pedestrian connection, bicycle 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 Secretary of Middlesex Township.
A public or private right-of-way deeded or dedicated for
public use by motor vehicles, bicycles and pedestrian travel. Streets
shall be classified in the following classifications, which shall
apply to roads in the Township of Middlesex and shall be applied as
defined in the Comprehensive Plan:
ARTERIAL, MAJORA street that serves or is designed to serve heavy traffic flows and that provides for traffic movements between communities and/or other heavy traffic generating areas.
COLLECTORA street that serves or is designed to serve and collect traffic from local streets and connect with arterial streets or from another collector street and local streets.
LOCALA street that serves or is designed to serve low flows of traffic and that provides primarily for access to abutting properties.
CUL-DE-SACA short street at least 250 feet in length having one end open to traffic and being permanently terminated by a vehicle turnaround.
All land between a right-of-way, whether public or private
and whether improved or unimproved, which is intended to accommodate
vehicular, bicycle and pedestrian traffic, including an avenue, drive,
boulevard, highway, road, freeway, parkway, lane, viaduct or other
vehicular way.
Any street, including the entire public right-of-way, which
has been dedicated to and accepted by the Township or which has been
devoted to public use by legal mapping, use or other means.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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
road or easement of access or any residential dwelling, shall be exempted.
A subdivision limited to any of the following purposes:
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the MPC[5]) 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.
A map showing ground elevations by contour lines and the
location of natural and man-made features upon the land.
The Township of Middlesex, Butler County, Pennsylvania.
The officially adopted building code of the Township and
all subsequent amendments thereto.[6]
An engineer employed by the Township or engaged as a consultant
thereto.
The officially adopted Floodplain Ordinance of the Township
and all subsequent amendments thereto.[7]
The officially adopted Grading, Fill and Excavation Ordinance
of the Township and all subsequent amendments thereto.[8]
The officially adopted Improvement Design Standards Ordinance
of the Township and all subsequent amendments thereto.[9]
The officially adopted Parks and Recreation and Open Space
Comprehensive Plan of the Township and all subsequent amendments thereto.
The officially adopted Stormwater Management Ordinance of
the Township and all subsequent amendments thereto.[10]
The officially adopted Zoning Ordinance of the Township and
all subsequent amendments thereto.[11]
A system of rights-of-way and easements designed to provide
safe and efficient travel from place to place for motor vehicles and
pedestrians including but not limited to streets, public access easements,
common open space, pedestrian connections, sidewalks, walking trails,
biking trails and transit stations.
All existing channels, creeks, ditches, drains, dry runs,
springs and streams, also all proposed channels, ditches, drains and
drainage facilities.
Any area meeting the criteria of the appropriate state or
federal agency to be a wetland.
