All words used in this chapter shall carry their
customary definitions as provided in the most recent edition of Webster's
Collegiate Dictionary, except where specifically defined herein. Words
in the singular include the plural, and words in the plural include
the singular. The word "persons" includes a corporation and unincorporated
association, partnership or individual. The words "shall" and "will"
are mandatory unless otherwise indicated. Words used in the present
tense include the future tense. Words in the masculine gender shall
include the feminine gender.
For the purpose of these regulations, the following
terms shall have the meaning indicated, unless otherwise specifically
stated.
An approval of certain subdivisions, lot line adjustments
and amended site plan approvals that may be administered by the Director
of Community Development with an informal review by the Planning Commission
and final approval by the Murrysville Council.
A use or structure, located on the same lot with the principal
use or structure, that is subordinate and incidental to the principal
structure or use of the property and which may occupy a separate structure
and/or area on or in the ground, including but not limited to storage
sheds, barns, detached garages or other storage structures, off-street
parking, signs, off-street loading, gazebos, children's playhouses,
greenhouses for personal use, garages, swimming pools, decks, fences,
patios and similar structures.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use. An accessory use
has the characteristics of being commonly, habitually and, by long-established
practice, reasonably associated with the principal or primary use.
An approval of certain subdivisions, lot consolidations,
lot line adjustments and amended site plan approvals that may be administered
by the Director of Community Development with an informal review by
the Planning Commission Chair and Council President.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and/or in the production, harvesting and preparation for
market or use of agricultural, agronomic, horticultural, silvicultural
and aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
A short or narrow street, whether public or private, designed
only to provide secondary access to a structure or group of structures
or to parking and loading facilities accessory to the structures and
which is not intended for general traffic circulation.
Surety, in a form acceptable to the Municipality, in the
form of cash, a certified check, a letter of credit or a corporate
performance bond from a Pennsylvania-licensed surety company which
guarantees the satisfactory completion of those private improvements
in a subdivision or land development plan which are required by this
chapter or are voluntarily proposed by the developer.
A landowner or developer who has filed an application for
development, including his or her heirs, successors and assigns.
Any application, whether preliminary or final, required to
be filed and approved prior to the start of construction or development,
including but not limited to an application for the approval of a
subdivision or land development.
Property abutting on one side of a street and lying between
the two nearest intersecting or intercepting streets or railroad right-of-way,
waterway, unsubdivided area or other definite barrier.
A landscape area of a certain depth, width and plantings
as specified by the Murrysville Zoning Ordinance.
A combination of materials forming any structure that is
erected on the ground and permanently affixed thereto, designed, intended,
or arranged for the shelter, enclosure, housing or structural support
of persons, animals, processes, equipment, goods or materials of any
kind. Buildings shall not include driveways, parking spaces or parking
lots.
The line nearest the front of and across a lot establishing
the minimum open space to be provided between the front line of buildings
and structures and the front lot line.
A building or structure in which or by which is conducted
the main or principal use of the lot.
That portion of the street right-of-way which is surfaced
for vehicular use, excluding shoulders and curbs.
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. Design criteria are those contained in Chapter 97, Construction Standards.
The Murrysville Municipal Planning Commission.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site that is 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.
A homeowners' association organized to own, maintain, and/or
operate common facilities and to promote, enhance and protect their
common interests.
A use authorized by the Zoning Ordinance,[1] which may be granted only by the Council following review
by the Planning Commission and a public hearing, subject to express
standards and criteria contained in the Zoning Ordinance.
A building where each unit in the structure is individually
owned and the owner of each unit has an undivided interest in the
common areas and facilities of the structures and surrounding grounds.
The combination of two or more lots, tracts or parcels of
land into one lot, tract or parcel for the purpose of sale, lease
or development of a building or lot.
The Council of the Municipality of Murrysville.
Westmoreland County Planning Commission and Planning Department.
A publicly or privately owned right-of-way for pedestrian
use extending from one curb to the opposite curb across a public or
private street cartway.
A street having one end open to traffic and being permanently
terminated by a vehicle turnaround.
Final adjudication by the Zoning Hearing Board or Council
of matters subject to any land use ordinance either by reason of the
grant of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas of
Westmoreland County, Pennsylvania.
A survey of property prepared in accordance with the requirements
of the Uniform Condominium Act which describes the unit boundaries
and the common elements.
A measure of the number of dwelling units which occupy or
may occupy an area of land.
The number of dwelling units in relation to an area of land
actually in use or proposed to be used, excluding public rights-of-way,
whether exterior or interior, but including interior parking areas
and access lanes, sidewalks, parks, playgrounds, common open spaces,
etc.
The number of dwelling units in relation to the land area
actually in use or proposed to be used for residential purposes, exclusive
of public rights-of-way, streets, infrastructure areas (e.g., common
parking areas, streets, sidewalks, detention ponds, common open space,
playgrounds, parks, etc.) and environmentally sensitive areas (e.g.,
wetlands, floodplains, steep slopes, etc.).
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereof.
Determinations shall be appealable only to the board(s) designated
as having jurisdiction for such appeal.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who proposes, makes, or causes to be
made, a subdivision of land or a land development.
A written document executed by the developer and the Municipality
specifying the agreed upon terms and conditions of final approval
of a subdivision or land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations and the subdivision
of land. Also, see the definition of "land development."
The administrative tracts of the Municipality designating
the uses to which land can legally be utilized. Boundaries of the
districts are shown on the District Map which is part of this chapter.[2]
A lot having two or more of its nonadjoining property lines
abutting a street or streets, usually having front and rear street
frontage.
A private vehicular way providing access between a public
street and a parking area or garage located on a lot.
Two or more rooms designed for the use of one family only
and containing sleeping facilities, cooking and food storage facilities
and, in a separate room, a toilet and tub or shower, with hot and
cold water supply, all for the exclusive use of the family occupying
the dwelling unit.
Activity resulting in the movement of earth or stripping
of vegetative cover from the earth.
A right-of-way or other right to use property granted by
the property owner to another, such as for access, drainage, utility
lines, slope or other purpose.
The Murrysville Municipality Engineer or Engineering Consultant
of the Council of the Municipality of Murrysville, Westmoreland County,
Pennsylvania.
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania.
Any contract, whether subject to any condition or not, or
a certificate of title or other legal document whereby a person shall
have the legal or equitable rights of the landowner in all matters
relating to an application filed under this chapter.
Any structure which houses or is used in connection with
an agricultural operation and where no access to the general public
is permitted in connection with a retail or service-related business.
Chapter 112 of the Code of the Municipality of Murrysville, as amended.
The required charge payable to the Municipality of Murrysville
which is established from time to time by ordinance of Murrysville
Council to defray the costs of processing an application, reviewing
an application or inspecting the installation of improvements.
Fees authorized by Act 247, the Municipalities Planning Code,[3] as amended and imposed by this chapter instead of the
dedication of land for active recreational use and the construction
of recreational facilities upon agreement with the developer.
The written and graphic materials specified by this chapter
to be submitted to the Municipality of Murrysville in order to obtain
final approval of a proposed subdivision or land development plan.
The map or plan of a proposed subdivision or land development
containing all the information required by this chapter and the Westmoreland
County Subdivision Regulations for final plat approval and in a form
acceptable for recording in the Office of the Westmoreland County
Recorder of Deeds.
A temporary inundation of normally dry land areas.
The Flood-Fringe District (FF) shall be that area of the
one-hundred-year floodplain not included in the Floodway District.
The basis for the outermost boundary of this district shall be the
one-hundred-year flood elevations contained in the flood profiles
of the Flood Insurance Study (FIS) and as shown on the Flood Boundary
and Floodway Map.
A relatively flat or low land area adjoining a river, stream,
or watercourse which is subject to partial or complete inundation;
an area subject to the unusual and rapid accumulation or runoff of
surface waters from any source.
Those floodplain districts specifically designated in the
Municipality Zoning Ordinance[4] as being inundated primarily by the one-hundred-year flood.
Included would be areas identified as the Floodway District (FW),
Flood-Fringe District (FF) and General Floodplain District (FA).
Any combination of structural and nonstructural additions,
changes or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
The illumination on a surface one square foot in area on
which there is uniformly distributed a light lux of one lumen. One
footcandle equals 10.76 lux.
Any plant species whose purpose is to provide a natural covering
of areas required to be landscaped, such as grass and small plants
with a height of less than two feet at planting as measured from the
base. Nonplanted materials, such as mulch and decorative rocks, may
be used as ground cover.
Consists of trees of a deciduous nature with a minimum height
of six feet at planting and a caliper of 1Â 1/2 inches at planting
and trees of an evergreen nature with a minimum height of six feet
at planting. All measurements and plant quality shall be consistent
with the American Standards for Nursery Stock published by the American
Association of Nurserymen, Inc., Washington, D.C.
A street or road that serves major center(s) of activity
(traffic generators), serves the highest traffic volume corridors
and serves the longest trip destinations.
Surfaces with a coefficient of runoff greater than 0.85,
including all buildings, roofed areas, parking areas, driveways, streets,
sidewalks and areas paved in concrete and asphalt and any other areas
determined by the Municipal Engineer to be impervious within the meaning
of this definition.
The percentage of the total lot area covered by impervious
surfaces, as defined herein.
The Municipal Engineer or an authorized representative of
the Municipality of Murrysville Council assigned to make any or all
necessary inspections of the work performed and materials furnished
by the developer or the contractors selected to complete the improvements
required by this chapter.
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;
A single nonresidential building on a lot or
lots regardless of the number of occupants or tenure, including any
change of use or structural alteration of a nonresidential building
or other improvement to the land which results in additional land
coverage by principal nonresidential structures and/or paving or the
construction of stormwater management facilities; 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 associated with the other
activities specified in this definition; and
Exempting those developments authorized to be excluded from the regulation of land development by § 201-9 of this chapter
A plan prepared in accordance with the application requirements
of this chapter for approval of a land development, as defined herein.
An ongoing or completed operation and related activities
involving or primarily connected with reshaping of land, including
grading, removal of trees, vegetation or other natural ground cover,
transportation of fill or other material for disposal purposes and
surfacing of land.
Chapter 124 of the Code of the Municipality of Murrysville, as amended.
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.
The minimum square footage of lot area that is available
for the use of the residents of a dwelling unit complex in which it
is located or a part of the required area of a commercial or industrial
development which is unsurfaced and water-absorbent.
A lane of a cartway intended for use by vehicles entering,
leaving or crossing a land of forward travel without interrupting
the flow of traffic.
A space within the main building or on the same lot therewith,
providing for the standing, loading or unloading of trucks and having
a minimum dimension of 12 feet by 40 feet and a vertical clearance
of at least 14 feet.
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. In determining the size of a lot, no part of
a right-of-way, street or crosswalk shall be included.
The total land within the lot line, exclusive of the area
within any street.
The ratio of enclosed ground floor area of the principal
buildings to the horizontally projected area of the lot expressed
as a percentage.
The mean horizontal distance between the front and rear lines
of a lot.
That portion of the lot which adjoins the street right-of-way
or through which access is provided to a public street.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or other public space.
That lot line which is contiguous with the street center
line or the street right-of-way line. In the case of a lot which has
no frontage on a street, the front lot line shall be the lot line
through which vehicular access is provided, regardless of which way
the dwelling faces.
That lot line which is generally opposite the front lot line.
Any lot line which is not a front lot line or rear lot line.
In the case of a corner lot, each lot line other than a front yard
shall be considered a side yard.
Any lot that individually or as a part of a subdivision has
been recorded in the office of the Recorder of Deeds of the Westmoreland
County.
The straight line distance between the point of intersection
of the front building line with the side lot lines.
A lot at the intersection of, and fronting on, two or more
street rights-of-way.
A lot, the generally opposite ends of which both abut on
streets.
A parcel accessed through a strip of land extending from
a right-of-way, either publicly maintained or otherwise improved to
municipal standards, wherein the strip of land bears less than the
minimum frontage required along the aforesaid right-of-way by the
Zoning Ordinance but no less than 25 feet of said frontage.
The area of a lot within the lot lines computed exclusive
of any portion of the right-of-way of any public thoroughfare.
Consists of shrubs and any other plant species that is greater
than two feet in height at planting and less than six feet in height
at planting. All measurements and plant quality shall be consistent
with the American Standards for Nursery Stock, published by the American
Association of Nurserymen, Inc., Washington, D.C.
A unit of measurement of the quantity of light. One lumen
is the amount of light which falls on an area of one square foot every
point of which is one foot from the source of one candela. A light
source of one candela emits a total of 12.57 lumens.
The International System (SI) unit of illumination. The amount
of light on a surface of one square meter, all points of which are
one meter from a uniform source of one candela. A light source of
one candela emits a total of 12.57 lumens.
Surety, in a form acceptable to the Municipality of Murrysville,
in the form of cash, a certified check, an irrevocable letter of credit
or a restrictive or escrow account in a federal or commonwealth-chartered
lending institution, or a corporate bond from an approved surety company
which guarantees the repair or maintenance of the public improvements
required by this chapter for a specified period following their completion
and acceptance by the Municipality.
Any land development which proposes the improvement of a
lot comprised of 1,500 square feet or more of lot coverage by building
or structure; or 1,500 square feet or more of paving; or a combination
of lot coverage by building or structure and paving which totals 1,500
square feet or more.
A subdivision containing more than five lots or any subdivision,
regardless of the number of lots, which involves the creation, extension
or improvement of any public street.
All maps, plans and development plans shall be in standard
engineering or architectural form, containing a title block with the
same executed and sealed by a registered engineer, landscape architect
or architect, as the case may be.
A proposed movement of lot line location where:
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
The development or extraction of mineral deposits, including
but not limited to limestone, coal, sand, rock, clay, dirt, gravel,
natural gas and other materials, and quarry aggregate from their natural
occurrences on affected land. The term includes, but is not limited
to, open pit mining and surface operations, strip mining, quarrying,
dredging, pumping and the disposal of refuse therefrom. Mining of
previously mined sites for the purpose of reclaiming the land shall
be considered a separate use from new mining operations on sites that
have never been previously mined. This term shall not include the
extraction of crude oil and/or natural gas.
Any land development which proposes the improvement of a
lot comprised of less than 1,500 square feet of lot coverage by building
or structure, or less than 1,500 square feet of paving, or a combination
of lot coverage by building or structure and paving which totals less
than 1,500 square feet.
A subdivision containing not more than five lots, all of
which have frontage on an improved public street, and which subdivision
does not involve the construction or improvement of any public street,
but which may or may not involve the extension or creation of any
other public improvements and which does not adversely affect the
future development of the remainder of the parcel or any adjoining
property.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two 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, including
connection to required utilities, and constructed so that it may be
used without a permanent foundation.
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection of a single-width or multiple-width mobile home, which
is leased by the park owner to the occupants of the mobile home erected
on the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
Designated survey reference points utilized in laying out
a land subdivision or land development.
Chapter 97, Construction Standards, of the Code of the Municipality of Murrysville, as amended.
The Municipality of Murrysville.
The date of the regular meeting of the Planning Commission
at which the application is accepted by the Planning Commission as
complete in content and properly filed in accordance with the requirements
of this chapter.
The Official Map, as duly adopted by Murrysville Council pursuant to Article IV of the Municipalities Planning Code, as amended by action of the same.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
A space unoccupied by buildings or impervious surfaces and
open to the sky.
A tract of land which is recorded in a plan of subdivision
or any other tract of land described in a deed or legal instrument
pursuant to the laws of the commonwealth which is intended to be used
as a unit for development or transfer of ownership.
A portion of a lot designated for the parking of motor vehicles
in accordance with the requirements of this chapter.
A portion of a garage or parking area designated for the
parking of one motor vehicle in accordance with the requirements of
this chapter.
Surety, in a form acceptable to the Municipality, in the
form of cash, a certified check, an irrevocable letter of credit or
a restrictive or escrow account in a federal or commonwealth-chartered
lending institution, or a corporate performance bond from a Pennsylvania-licensed
surety company which guarantees the satisfactory completion of the
public improvements required by this chapter, except those improvements
for which surety has been posted with a public utility or municipal
authority or with the Pennsylvania Department of Transportation (PennDOT)
as a condition of a highway occupancy permit.
An individual, partnership, public or private association
or corporation, firm, trust, estate, Municipality, governmental unit,
public utility or any other legal entity whatsoever that is recognized
by law as the subject of rights and duties.
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 regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
A map or plan, whether preliminary or final, indicating the
subdivision, consolidation or redivision of land development.
The written and graphic materials specified by this chapter
to be submitted to the Municipality in order to obtain preliminary
approval of a proposed subdivision or land development.
The map or plan of a proposed subdivision or land development
which contains all of the information required by this chapter for
approval of a preliminary plat.
The physical location where any use is carried on. "Premises"
may be a lot, building or structure.
The building or structure in which the principal use is conducted.
The use of a lot or building, as defined under the use classifications
of this chapter. There may be, in districts other than single-family
residential, two or more principal uses and/or buildings, provided
that the same comply with the subdivision and planned residential
development ordinances.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers, landscaping and other facilities to be
owned, maintained or operated by a private entity, such as an individual,
partnership, corporation or homeowners' association and constructed
in accordance with the municipal construction standards.
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 the Pennsylvania Municipalities
Planning Code.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers, landscaping and other facilities to be
dedicated to or maintained by the Municipality of Murrysville for
which plans and specifications shall comply with the municipal construction
standards.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84, as amended), known as the "Sunshine Act."
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.
The Municipality of Murrysville Recreation and Open Space
Study that is adopted by the Murrysville Council.
A change in lot lines or the number of lots in a previously
recorded final plat of subdivision.
A general term denoting a dedicated public or private way
for purposes of vehicular travel, pedestrian travel and installation
and maintenance of utilities.
An area of land reserved or dedicated as a street for public
or private purposes.
An area of land reserved or dedicated for public or private
purposes.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
water.
An approved system for the collection and disposal of sewage
that serves two or more dwelling units but that does not include septic
tanks.
A septic tank installation on an individual lot that utilizes
a bacteriological process for the elimination of solid wastes and
provides for the proper and safe disposal of the effluent, subject
to the approval of health and sanitation officials having jurisdiction.
One of the following:
INDIVIDUAL SYSTEMThe disposal of sewage by use of cesspools, septic tanks or other safe and healthful means approved by the Sewage Enforcement Officer and generally within the confines of the lot on which the use is located.
COMMUNITY SYSTEMA sanitary sewage system, privately built and operated, in which sewage is carried from individual discharges by a system of pipes to one or more common treatment and disposal facilities. Treatment and disposal may occur either on site or off site and shall be approved by the Pennsylvania Department of Environmental Protection (PA DEP).
PUBLIC SYSTEMA system for the treatment and disposal of sewage in which sewage is conveyed by a system of pipes to an off-site publicly-operated treatment facility and disposed of through means approved by the Pennsylvania Department of Environmental Protection (PA DEP).
The total area within the boundary lines of a site proposed
for development, expressed in acres or square feet.
A tract of land or one or more contiguous lots proposed for
development.
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise/descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
The Solicitor of the Municipality of Murrysville.
The standards for design and construction of improvements shall be those designated in Chapter 97, Construction Standards, which is now in effect and as from time to time is amended.
Water which surfaces, flows or collects during or subsequent
to rain or snowfall.
A right-of-way with an improved cartway (roadway), which
affords the principal means of access to abutting property. A "street"
may be designated as a highway, thoroughfare, parkway, boulevard,
road, avenue, lane, drive, court, place, alley or other appropriate
name. A street may also be identified by classification as follows:
PRINCIPAL ARTERIALA street that serves major centers of activity (traffic generators) and/or serves the highest traffic volume corridors and serves the longest trip destinations.
MINOR ARTERIALA street that serves trips having one or both ends outside of Murrysville and/or trips between major traffic generators.
COLLECTORA street that serves as access to abutting land uses and distributes traffic between local, arterial and other collector streets.
LOCALA street that serves abutting homogenous land uses, including culs-de-sac.
LOCAL, NONMUNICIPALA local street that is privately owned and maintained.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
The legal right-of-way line which forms the dividing line
between the street and the lot.
A street, including the entire private right-of-way, which
is privately owned and maintained through private agreement and which
is intended for private use. A private street provides access to several
lots or parcels which do not have access to a public street and which
require access to a public street through the private street.
A public right-of-way dedicated and open for public use which
has been adopted by the Municipality, county, commonwealth or other
governmental body.
A public or private recorded right-of-way which affords primary
means of vehicular access to abutting property, but not including
alleys.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The consolidation of two or more lots or the division or
resubdivision 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 easement of access or any residential dwelling shall be
exempted.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures that have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications that have been identified by the local
code enforcement official and that are the minimum necessary to assure
safe living conditions;
Any alteration of a historic structure, provided
that the alteration will not preclude the structure's continued designation
as a historic structure.
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.
A plan prepared by a registered surveyor indicating the precise
metes and bounds of a lot or parcel showing all easements and rights-of-way
of record and all other existing conditions which represent encumbrances
or restrictions on the use of the property.
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
A study prepared by a qualified traffic engineer, in accordance
with the technical requirements specified in this Municipal Subdivision
and Land Development Ordinance analyzing the expected trip generation
from a proposed development using the Institute of Transportation
Engineers (ITE) current standards and the impact of the traffic generated
by the proposed development on the capacities and levels of service
of all streets and intersections in the vicinity of the site.
The ratio of average footcandles of illumination on the pavement
area to the footcandles (lux) at the point of minimum illumination
on the pavement.
A street depicted on a recorded or unrecorded plan but unopened
as either a public or private street for a period of 21 years from
the date of the first lot sold in said plan.
A waiver granted by the Zoning Hearing Board from the terms
and conditions of this chapter where literal enforcement would create
unnecessary hardship as a result of peculiar or unique conditions
or circumstances pertaining only to the lot in question, and when
the granting of such waiver would not be contrary to the public interest.
A permanent stream, intermittent stream, river, brook, creek,
channel or ditch which carries water, whether natural or man-made.
A required open space located on a lot which is unobstructed
by any portion of a principal structure, other than certain projections
expressly permitted by this chapter.
A yard extending between side lot lines across the full lot
width from the street right-of-way line to a line parallel to the
front lot line known as the front building line the minimum horizontal
distance required by this chapter.
A yard extending across the rear of the lot between the required
side yard lines parallel to the rear lot line the minimum horizontal
distance required by this chapter.
A yard extending from the required front building line to
the rear lot line parallel to the side lot line the minimum horizontal
distance required by this chapter. In the case of a corner lot, each
yard other than a front yard shall be considered a side yard.
The Zoning District Map or Maps of the Municipality, together
with all amendments subsequently adopted.
The Zoning Officer or his authorized representative appointed
by the governing body.
The Municipality of Murrysville Zoning Ordinance, Chapter 220 of the Murrysville Code of Ordinances, as now or hereafter amended.
