For the purpose of this chapter, the terms and words herein shall be
interpreted as follows unless otherwise expressly stated:
A.
Words used in the present tense shall include the future.
B.
Words used in the singular shall include the plural.
C.
Words used in the plural shall include the singular.
D.
The words "used" or "occupied" as applied to any land,
water or building shall include the words "intended," "arranged" or "designed"
to be used or occupied.
E.
The word "building" shall include the word "structure"
and shall be construed as if followed by the phrase "or part thereof."
F.
The word "lot" shall include a plot, parcel or tract
of land.
G.
The word "street" shall include "highway" and "road."
H.
The words "shall" and "will" are always mandatory.
I.
The word "may" is permissive.
J.
Unless otherwise specified, all distances shall be measured
horizontally.
Unless otherwise expressly stated, the following words shall, for purposes
of this chapter, have the meaning herein indicated:
A dust-free improved way permitting vehicular approach to a building,
structure, land or water area from the public street.
The principal means of vehicular approach from a public street to
an off-street parking area with over 25 parking spaces and to loading and
unloading areas. Said access drive shall be a private street. Each access
drive shall be designed and constructed to meet this chapter's requirements.
A way providing secondary vehicular access to the side or rear of
two or more properties. Alleys shall not be permitted. See "access drive"
or "driveway."
The legal landowner who has submitted an application for a subdivision
or land development. See "landowner."
A land area bounded on all sides by streets or other public transportation
facilities.
The Borough Council of the Borough of Monaca, Beaver County, Pennsylvania.
A habitable or occupied structure. See "structure."
The line of that face of the building nearest the front line of the
lot. This face includes covered or roofed patios, porches or entranceways
whether enclosed or unenclosed but does not include steps, stoops or entrance
walks.
A line located on the lot or parcel at a fixed distance from the
public street right-of-way line/front lot line and interpreted as being the
nearest point that a building may be constructed to a public street right-of-way.
The building line shall limit the location of porches, patios and facilities
and similar construction to the face of this line, excluding steps, stoops,
entrance walks, ground level parking areas, driveways and access drives.
A building in which is conducted the primary use or uses of the lot
on which it is located.
The portion of the street right-of-way surfaced for vehicular use.
Width is determined from one edge of driving surface to the other edge of
driving surface and shall exclude stormwater gutter, curb or any portion thereof.
The triangular area formed by an intersecting street center line
with the driveway center line and a line interconnecting points established
on each of the center lines, a distance of 40 feet from intersection of the
street center line/driveway center lines. This entire area is to remain clear
of visual obstructions above a plane established at 3 1/2 feet in elevation
and below a height of 10 feet, all as measured from grade level at the street
center line/driveway center line intersections.
The triangular area formed by two intersecting street and/or access
drive center lines and a line interconnecting points established on each (street
and/or access drive) center line, a distance of 75 feet from the point of
intersection with an access drive, local street or collector street or at
a distance of 150 feet from the point of intersection with a principal arterial
or minor arterial. This entire area is to remain clear of visual obstructions
above a plane established at 3 1/2 feet in elevation and below a height
of 10 feet, all as measured from grade level at the intersection of the street
and/or access drive center lines.
A subdivision in which individual lots are designated in somewhat
tighter arrangements than a conventional subdivision so that a significant
percentage of the total development area can be dedicated and held as common
open space.
See "street classifications, functional/public."
A parcel or parcels of land, an area of water suitable for recreational
purposes or a combination of such land and water within a development site
designed and intended for the use or enjoyment of residents of the development
who maintain and jointly or commonly own the land and/or water areas. The
common open space shall not include streets, off-street parking areas and
areas set aside for public facilities. Common open space shall be substantially
free of structures but may contain such improvements as are in the development
plan as finally approved and as are appropriate for the recreation of the
residents.
The positive action of the Planning Commission or Borough Council
approving an application for a preliminary plan or a final plan, however,
establishing restrictions to said approval to which the applicant has agreed
to in writing or which are recorded in the official minutes of said Commission
or Council.
A line on a plan or exhibit defining and identifying ground elevations.
A subdivision in which all or most of a plot or parcel is divided
into lots having, at a minimum, the lot area and lot width required by the
Zoning Ordinance[1] for the use proposed by the subdivision plan. Little or no area(s)
within this type of development is set aside for common open space.
A lot or land parcel abutting upon two or more intersecting streets
or public spaces and on which the building line of both streets must be observed.
A legal obligation or limitation defined within a written agreement,
the violation of which can be restrained by court action.
The vehicular turnaround facility at the one end of a street, circular
in design.
A landowner who makes or causes to be made a subdivision or a land
development.
Any man-made change to improved or unimproved lands, watercourses
or water bodies.
The improved vehicular access from a public street to a single-family
detached residential dwelling and to an off-street parking area of one to
25 parking spaces.
A building or other structure used primarily for human habitation.
All dwelling types shall be classified as either a mobile home, single-family
(detached) dwelling, duplex dwelling, conversion apartment or multifamily
dwelling and all as defined in the Borough Zoning Ordinance.[2]
Any structure or portion thereof which is designed and used exclusively
for the residential purposes of one family and includes a minimum of three
habitable rooms and a bathroom, has separate and private cooking and sanitary
facilities and has a separate entrance. A studio apartment unit shall be a
dwelling unit in all respects except that said unit may contain a minimum
of two habitable rooms and a bathroom, has separate and private cooking and
sanitary facilities and has a separate entrance and is located only within
a multifamily dwelling.
An earthen mound being in less than ten-percent slope and covered
with a Borough-approved vegetative ground cover.
A dwelling unit having the required minimum interior floor area constructed
beneath the exterior surface grade; having, at a minimum, one side of the
dwelling unit with its floor(s) at the level of the exterior grade and being
the main entrance to the dwelling; and having one window per room in at least
50% of the rooms in the dwelling unit. Each window area shall be a minimum
of 10% of the floor area of the room within which said window is located.
Habitable rooms without windows shall have approved ventilation. All windows
or glazed areas, with the exception of clerestory windows or other glazing
areas which are typically fixed, shall be openable.
The right granted by a landowner for the use of another person or
persons for a specific purpose on a designated part of said landowner's
property.
The Engineer of Monaca Borough.
A walkway for pedestrian use leading to a building or structure.
Said access may be dedicated to public use.
Includes "built," "constructed," "reconstructed," "moved upon" or
any physical operations or work required for the creation or the locating
of the building or structure. Excavation, filling, grading, drainage and the
like shall be considered part of the erection.
The erection, construction, alteration or maintenance by public utilities,
cable television, or Borough agencies or authorities of underground or overhead
water, sanitary or storm sewers, gas, electrical and telephone transmission
or distribution systems, including poles, wires, mains, drains, sewers, pipes,
conduits, cables, towers, storage facilities, fire alarm boxes, traffic signals,
hydrants and similar equipment and accessories in connection therewith and
where reasonably necessary for the furnishing of adequate service, including
buildings or structures.
Land area(s) within or adjacent to and part of the original tract
but not included within the subdivision or land development.
The mandatory submission, including all required exhibits, as established
by this chapter, representing the complete and exact arrangement and design
of the subdivision and/or land development.
A temporary condition of partial or complete inundation of normally
dry areas from the overflow of rivers, streams, watercourses or other inland
water bodies.[3]
A land area adjoining a river, stream, water body or watercourse
which is likely to be flooded as established by the Federal Emergency Management
Agency or Monaca Borough.[4]
The Comprehensive Plan of the Borough of Monaca, 1971, as amended.[5]
The gradient of the completed surface of the improvement.
The vertical rise or fall as a percentage of or ratio with the horizontal
distance; inclination with the horizontal.
The excavating and/or filling of earth materials and conditions resulting
from excavation and/or filling.
See "street, half or partial."
Same as "development." See "development."
An easement or right-of-way for pedestrian use extending from a public
street or public sidewalk into, through or across a block to another public
street or publicly owned facility. Said walk may be dedicated to public use
and shall be maintained by the adjacent property owner(s).
Any of the following activities:
[Amended 9-10-1996 by Ord. No. 822]
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 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.
Development in accordance with 53 P.S. § 10503(1.1).
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.
[Amended 9-10-1996 by Ord. No. 822]
The movement of a mass of rock or soil, artificial fill or a combination
of these materials.
An area characterized by unstable slopes and land surfaces whose
history, geology, soil, bedrock structure and climate indicate a potential
for landslides as identified by the United States Geological Survey or Monaca
Borough.
See "street classifications, functional/public."
A space not less than 12 feet wide and 45 feet deep with an overhead
clearance of 14 feet six inches. This space may be inside, enclosed or outside
of a structure and shall be used exclusively for the temporary standing of
a motorized vehicle while loading or unloading merchandise or materials. This
space shall be located off or beyond the public right-of-way and shall have
direct access to a public street without the use of parking spaces.
Land and/or water area to be occupied by a building and its accessory
buildings or by a dwelling or group of structures and its accessory buildings,
together with such open spaces as are required, having not less than the minimum
area and width required by the Borough Zoning Ordinance[6] for a lot in the zoning district which such is situated and having
its principal frontage on a public street or on such other means of access
as may be determined in accordance with the provisions of this chapter to
be adequate as a condition of the approval of a plan. A lot may also be a
tract or parcel.
The area of a horizontal plane measured at grade and bound by the
front, side and rear lot lines. The lot area shall be measured to the street
right-of-way line only and shall not include any part of an area or way used
in common with the owner or occupier of other lots. Minimum lot area shall
also be defined to include minimum parcel or tract area.
The average horizontal distance between the front line and the rear
lot line.
The right-of-way line of the public street on which the lot fronts.
A lot other than a corner lot.
Any property line that divides said lot from a public right-of-way.
Any property line that divides said lot from another lot. Said lot
line may be a side or rear lot line.
The lines bounding a lot.
The horizontal distance across the lot between the side lot lines.
In the case of an irregularly shaped lot, the minimum required lot width shall
be measured at the building line. Minimum lot width shall also be defined
to include minimum parcel or tract width.
The mandatory submission required by this chapter for a land development
for the preapplication conference indicating the future arrangement of structures
and uses, alternate layouts, proposed staging of development and the maximum/ultimate
level of development.
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.
[Amended 9-10-1996 by Ord. No. 822]
Any development or improvement which is located outside of or beyond
the subdivision or land development.
A parcel or parcels of land or an area of water suitable for recreational
purposes or a combination of such land and water within a development site
designed and intended for the residents or users of the development. The open
space shall not include streets or parking areas. The open space shall be
substantially free of structures except those appropriate for recreational
purposes properly landscaped and appropriately maintained.
A large division of land or water area and shall also be the tract
or lot.
That portion of the improved parking facility which is intended to
be used exclusively for providing vehicular access from an access drive to
individual parking spaces.
The total composite of all facilities used for off-street parking,
loading and unloading.
The total composite of all structures and improvements for a parking
area and/or parking aisles, standby/stacking lanes, driveways, access drives,
loading/unloading spaces and all related facilities.
A space not less than nine feet wide and 18 feet long, whether inside
or outside of a structure, used exclusively for the temporary standing of
a motorized vehicle. The parking space shall be located off or beyond the
public right-of-way.
Standard specifications for construction developed by the Pennsylvania
Department of Transportation.
A set of exhibits and related documents representing the intended
arrangement and design of a subdivision and/or land development.
The Planning Commission of Monaca Borough, Beaver County, Pennsylvania.[7]
An area of yard properly landscaped and clear of foreign debris to
serve as a buffer area between uses or properties. A visual screen may be
within the planting strip.
A complete and exact plan of subdivision or land development, prepared
for recording as required by statute, to define property right and proposed
public or common streets and other public or common improvements.
Drainage of stormwater or underground water away from any improvement
to prevent damage to life and property and to minimize disruption of land
use.
The mandatory submission, including all required exhibits as established
by this chapter, representing the tentative arrangement and design of a subdivision
and/or land development.
Same as "building, main or principal."
Any contract or covenant recognized by the Borough Solicitor or a
certificate of title whereby a person shall have the legal rights of the landowner.
A meeting open to the general public held pursuant to proper public
notice.
Any development, offered for dedication and accepted by the Borough
Council, other public bodies or authorities.
Lands owned by the Borough, county, state or federal government,
their agencies or authorities.
Notice published once each week for two 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 be not more than 30 days or less
than seven days from the date of the hearing.
[Amended 9-10-1996 by Ord. No. 822]
Land reserved by way of public ownership or dedication for use as
a road, street, alley, crosswalk, pedestrianway or other public purpose.
See "street, public."
A strip of land adjacent to a street the purpose or intent of which
is to limit, control or obstruct the access to said street from an adjacent
property.
[Amended 9-10-1996 by Ord. No. 822]
A lot or parcel of land having frontage on a major traffic street
and extending back therefrom to and having frontage on a minor street, with
the access by vehicular traffic to said lot being solely by way of the frontage
on the minor traffic street.
Land dedicated for a specific public or common use or purpose.
A line identifying the limits of a right-of-way.
Same as "street." See "street."
A developed right-of-way for pedestrian use, constructed to Borough
standards, dedicated for public use and maintained by the adjacent property
owner(s).
The maximum extent of unobstructed vision along a street from a vehicle
located at any given point on the street.
Same as "grade or gradient." See "grade or gradient."
A natural or man-made improvement or structure that will collect,
convey, control, discharge, store, retain or absorb stormwater.[9]
Water flowing over a surface during and immediately following a rainfall
that may be augmented by groundwater flow and melting ice and snow.[10]
A management system of natural and man-made elements that contain,
convey, absorb, use, store or absorb stormwater to prevent damage to life
and property and to minimize disruption of land use as a result of stormwater
runoff.[11]
All land, including the entire length and width of a right-of-way,
intended for use or future use of a motorized vehicle.
The following functional street classification shall apply to existing
public streets in the Borough, as identified on the Monaca Borough General
Development Plan Map,[12] and shall apply to public streets and, in some cases, service
roads and access drives that are constructed after the date of this chapter.
EXPRESSWAYA road to function as a limited-access road carrying through traffic, to and from points outside the community, has no local traffic interference and performs no access service to immediately adjacent lands.
ARTERIALA street or road to move traffic within and through the community. Providing service to adjacent land areas is only a secondary function of this street or road.
COLLECTORA class of street that serves the internal traffic movement within the Borough and connects developed areas to the arterial roads. This road does not accommodate long through trips. The collector road is intended to simultaneously serve abutting property as well as local internal traffic movements. A street serving up to a projected average daily traffic of 3,000 vehicles per day may be classified as a collector.
LOCALA class of street to provide access to immediately adjacent land. To be classified as a local street, said street shall serve a maximum of 500 dwelling units or have a maximum projected average daily traffic of 2,000 vehicles per day, whichever is less.
See "access drive," "street, service road" and "driveway" for functional
street classification of private streets.
A street, generally parallel and adjacent to a property line, having
a lesser right-of-way width than is normally required for satisfactory improvement,
use, acceptability and dedication of the same as a public street.
[Amended 9-10-1996 by Ord. No. 822]
A developed way intended for vehicular use; however, not maintained
by the Borough or other governmental agency and shall be classified as either
an access drive, driveway or, in some cases, a service road. Classification
is to be determined by the Borough.
A developed right-of-way constructed to Borough standards, dedicated
to and accepted by the Borough or other governmental agency and maintained
by the Borough or other governmental agency. See "street classifications,
functional/public."
A street parallel and adjacent to an arterial street or collector
street providing access to adjoining properties and serving to control the
number and location of intersections with the arterial or collector street.
A service road is classified as having a collector street function but may
be a public or private street. A service road shall be designed and constructed
to the level of a collector street.
Anything constructed or erected with a fixed or permanent location
on the ground and being a combination of materials that form an independent
edifice that is safe and stable. The term "structure" shall also include a
structure that is in the course of construction, alteration or repair but
does not include building materials or supplies unless such materials or supplies
are within an enclosed building. The paved area of a ground level parking
area or sidewalk is not a structure, unless covered by a roof, canopy or similar
structure.
A landowner who makes or causes to be made a subdivision.
The division or redivision of a lot, tract or parcel of land by any
means into or between two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines or street lines for the purpose,
whether immediate or future, of lease, transfer of ownership or lot development.
The establishment of locations on the ground and recorded on the
final site plan/recording plat.
The whole or original land and water area under consideration for
a subdivision and/or land development and shall also be the lot or parcel.
An improvement, structure and system specifically constructed to
collect, convey, control, discharge, store, retain or absorb groundwater from
springs or soil with poor drainage conditions.
United States Geological Survey.
Uses, establishments or economic activities defined and described
within the Standard Industrial Classification Manual, 1972, and as amended
in the 1977 supplement, United States Office of Management and Budget, United
States Executive Office of the President.
Those facilities and installations rendering a public service, such
as electrical service, gas service, telephone service, water service, sewer
collection service or cable television service.
A masonry wall, landscaped earthen embankment, solid board fence
(finished side toward adjacent use) or a screen planting used to buffer the
view of the occupants of an adjoining use from the use on the premises on
which the visual screen is located.
An area utilized for pedestrian access.
Includes any natural or man-made water storage or impoundment area.
Includes a stream of water, creek, brook, ditch, drain, channel or
bed of a stream, dry run, naturally formed drainageway or swale or a man-formed
or -constructed drainageway, swale or similar and associated facilities.
