[Amended 2-2-1999 by Ord. No. 5-98]
A. 
Unless otherwise specifically stated, the following words and phrases shall, for the purposes of this chapter, have the meanings indicated:
ALLEY or SERVICE DRIVE
A minor right-of-way, privately or publicly owned, primarily for service access to the back or side of properties.
APARTMENT
A dwelling unit separated horizontally and/or vertically from one or more other units in a structure. Apartments are considered a multiple-family dwelling unit containing three or more residential units.
[Added 5-6-2008 by Ord. No. 2-08]
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
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.
AS-BUILT PLANS
Plans and profiles prepared by the subdivider's engineer or surveyor, showing the exact location, size, grade and depth of all the improvements after completion, including Y-branches and laterals for future house connections. Said plans shall be on reproducible vellum or plastic.
BLOCK
An area of land bounded by streets.
BUILDING
A structure having a roof supported by columns, piers or walls for the shelter of persons, animals, goods, materials or other property. When separated by walls which are common with the walls of adjoining buildings, each portion of such structure shall be considered a separate building.
BUILDING SETBACK LINE
A line established generally parallel with and measured from the lot line coterminous with the street right-of-way; no structure may be located aboveground between the street right-of-way and this line except as may be provided under the provisions of this chapter and other ordinances of the Township. This line is also referred to as a "building line."
CARTWAY
The surface of a street or road available for vehicular traffic.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections, defined by lines of sight between points at a given distance from the intersection of the street center lines.
COMMISSION
The Washington Township Planning Commission.
COMMON OPEN SPACE
Improved or unimproved area that is designated and maintained for active or passive recreation for the use and enjoyment of residents and/or owners of the development. Landscaped roof areas that are devoted to recreational or leisure-time activities, freely accessible to residents, structurally safe and adequately maintained shall be considered open space. Open space does not include street rights-of-way, parking lots or yards in a platted lot.
[Added 7-2-2002 by Ord. No. 4-02; 5-6-2008 by Ord. No. 2-08]
CONSERVANCY LOT
A large, privately owned lot comprising part of an area of open land. The purpose of the conservancy lot is to provide surrounding residents with visual access to greenway land, while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be protected through conservation easements and used in conformance with standards for greenway land. Public access to conservancy lots is not required.
[Added 7-2-2002 by Ord. No. 4-02]
CONSERVATION AREA, PRIMARY
Environmentally constrained lands comprising floodplains, submerged wetlands, and prohibitive steep slopes (above 25%).
[Added 7-2-2002 by Ord. No. 4-02]
CONSERVATION AREA, SECONDARY
Features, such as precautionary slopes (15% to 25%), seasonal high water table soils, woodlands, visual resources, and other features, which do not create severe limitations for development but which designation as greenway areas, along with the preservation of primary conservation areas, is desirable for purposes of providing an interconnected system of open space and recreation.
[Added 7-2-2002 by Ord. No. 4-02]
CONSERVATION DESIGN - A form of subdivision in which the development on each parcel is arranged so that half (or more) of the buildable land is set aside for open space.
[Added 7-2-2002 by Ord. No. 4-02]
COUNCIL
The Township Council of Washington Township.
CROSSWALK
A publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street.
CUL-DE-SAC
A street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Pennsylvania Department of Environmental Protection (successor agency to the Pennsylvania Department of Environmental Resources), its bureaus, divisions, departments and/or agencies or agents, as may from time to time be established, or such Department or Departments as may in the future succeed it.
DETENTION POND
An area in which surface-water runoff is temporarily stored pending its release at a controlled rate.
DEVELOPER
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 or resubdivision.
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.
DEVELOPMENT PLAN
The provisions for development, including a conservation design 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.
[Amended 7-2-2002 by Ord. No. 4-02]
DWELLING
A building or a portion thereof designed for and used exclusively for residential occupancy.
EASEMENT
A right granted by a property owner for the use of a portion of the landowner's land by the general public, utility, corporation, or person for a specific purpose or purposes through which no positive or appurtenant rights, including rights of ownership, are conveyed to the grantee.
[Amended 7-2-2002 by Ord. No. 4-02]
ENGINEER
A professional engineer who is licensed as such in the Commonwealth of Pennsylvania.
ENVIRONMENTALLY CONSTRAINED or SENSITIVE LANDS
Those areas subtracted from the total area of a tract to produce the adjusted tract area. See definition for "tract area, adjusted" in Chapter 150, Zoning.
[Added 7-2-2002 by Ord. No. 4-02]
EQUIVALENT DWELLING UNIT ("EDU")
For the purposes of §§ 119-14 and 119-30, the measurement of sewage flow as determined in accordance with the Department of Environmental Protection's (DEP's) then-current Domestic Wastewater Facilities Manual (DEP-1357), or a similar publication by the DEP or its successor organization(s).
[Added 10-3-2000 by Ord. No. 11-00]
EROSION
The removal of surface materials by the action of natural elements.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed. It shall include the conditions resulting therefrom.
FILL
(1) 
Any act by which earth, sand, gravel, rock or other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. It shall include the conditions resulting therefrom.
(2) 
The difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade.
(3) 
The material used to make fill.
FLOOD
(1) 
FLOOD-PRONE AREAA relatively flat or low land adjoining a stream, river or watercourse, which is subject to partial or complete inundation; or any area subject to partial or complete inundation; or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
(2) 
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.
(3) 
ONE-HUNDRED-YEAR FLOODA flood having an average frequency of occurrence on the order of once in 100 years, although the flood may occur in any year.
(4) 
REGULATORY FLOOD ELEVATIONThe one-hundred-year-flood elevation based upon the Township information contained in the Official Flood Insurance Study, as prepared by the Federal Insurance Administration.
GOVERNING BODY
The Township Council of Washington Township.
GREENWAY LAND or OPEN SPACE LAND
That portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. greenway land may be accessible to the residents of the development and/or the Township, or it may contain areas of conservancy lots, which are not accessible to the public.
[Added 7-2-2002 by Ord. No. 4-02]
HALF STREET
One side of a street divided longitudinally by a property line.
HOMEOWNERS' ASSOCIATION
A nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations, for the purpose of administering the needs of resident through the maintenance of community-owner property. This term is synonymous with property-owners' association and condominium association.
[Added 7-2-2002 by Ord. No. 4-02]
IMPROVEMENTS
Those physical additions and changes to a property needed to prepare the property to receive the uses proposed for it.
LAND DEVELOPMENT
Any of the following activities:
(1) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for the purposes involving:
(a) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or
(b) 
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.
(2) 
A subdivision of land.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any conditions); a lessee, if he is authorized under the lease to exercise the rights of the landowner; or other person having a proprietary interest in the land.
LINE, LOT
A line which separates a lot from another lot or from a street or any other public or private space.
LINE, SETBACK
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 150, Zoning.
LOT
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.
LOT AREA
The area contained within the property lines of a lot as shown on a subdivision plan, excluding space within any street right-of-way but including the area of any easement.
LOT DEPTH
The mean horizontal distance between the front and rear lines of a lot.
LOT, DOUBLE-FRONTAGE
A lot that abuts two streets that do not intersect adjacent to the lot.
LOT, REVERSE-FRONTAGE
A lot extending between and having frontage on an arterial street and a minor street, and with vehicular access solely from the latter.
LOT WIDTH
The horizontal distance between side lot lines measured on the front yard setback line in accordance with the requirements of Chapter 150, Zoning.
MOBILE HOME
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.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
MONUMENT
A concrete, stone or other permanent object established by a registered professional land surveyor and 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.
MPC
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq., and as it may be amended.
MULTIPLE-FAMILY DWELLING
Any house, building or combination of buildings, including groups of detached buildings comprising a single apartment project under a single ownership and management, or any portion of any building, which is used or designed to be used for three or more dwelling units, including apartment houses and townhouses.
[Added 5-6-2008 by Ord. No. 2-08]
OFFICIAL MAP
A map adopted by ordinance pursuant to Article IV of the MPC.
[1]
PennDOT
The Pennsylvania Department of Transportation.
PLAN, FINAL
A complete and exact subdivision or land development plan prepared for official recording as required by this chapter.
PLANNING COMMISSION
The Planning Commission of Washington Township; also referred to as the "Commission."
PLAN, PRELIMINARY
The preliminary plan of a proposed subdivision or land development, drawn and submitted in accordance with the requirements of this chapter. Differing elements and levels of detail are required for preliminary plans for minor subdivisions, major subdivisions, and subdivisions within the optional Conservation Design (CD-1) Overlay District, and land developments therein.
[Amended 7-2-2002 by Ord. No. 4-02]
PLAN, SKETCH
An informal plan submitted for review and discussion prior to application for preliminary plan approval, not necessarily to exact scale, indicating existing features of a tract, its surroundings and the general layout of a proposed subdivision or land development. Although encouraged, the submission of such plans by any applicant is not required and the procedure is purely voluntary.
[Amended 7-2-2002 by Ord. No. 4-02]
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
PUBLIC GROUNDS
Includes:
(1) 
Parks, playgrounds, trails, paths and other recreational areas and other public areas.
(2) 
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
(3) 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
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 MPC.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
[2]
PUBLIC NOTICE
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.
RESUBDIVISION
Any replatting or resubdivision of land limited to change in lot lines on an approved final plan or recorded plan.
RIGHT-OF-WAY
Land reserved or dedicated for use as a street, pedestrian way or other means of public or private transportation; or for an electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, or other special use. A right-of-way includes the entire area reserved or dedicated for the use.
RUNOFF
The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off of the surface of the land.
SANITARY SEWAGE DISPOSAL AND TREATMENT PLANT, COMMUNITY
A wastewater treatment facility serving a subdivision or land development for which a Pennsylvania Department of Environmental Protection National Pollutant Discharge Elimination System (NPDES) permit is required.
SANITARY SEWER SYSTEM, PUBLIC
A system for the collection and disposal of sanitary sewage, owned by a municipality, a municipal authority or municipal agency, or a utility licensed by the Pennsylvania Public Utility Commission (PUC).
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
SEMIDETACHED DWELLING
A residential structure occupied by two dwelling units with a common wall or referred to as a "zero lot line wall."
[Added 5-6-2008 by Ord. No. 2-08]
STREET
A public or private right-of-way deeded or dedicated for public use by vehicular traffic, including a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or other designation. A street shall also be classified in accordance with § 119-34 of this chapter.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDER
Any person who undertakes the subdivision of land as defined herein. The subdivider may be the owner, or the authorized agent of the owner, of the land to be subdivided.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBDIVISION, MAJOR
Any subdivision which is not a minor subdivision.
SUBDIVISION, MINOR
A subdivision having four or fewer lots on an existing public road right-of-way or a private road or drive, whether existing or to be constructed, and privately owned and privately maintained.
[Amended 7-2-2002 by Ord. No. 4-02]
SUBSTANTIALLY COMPLETED
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 § 119-19 of this chapter) 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.
SURFACE DRAINAGE PLAN
A plan showing all present and proposed grades and facilities for stormwater drainage.
SURVEYOR
A professional land surveyor licensed as such by the Commonwealth of Pennsylvania.
TOWNSHIP
The Township of Washington, Erie County, Pennsylvania, and its successors.
TOWNSHIP ENGINEER
A professional engineer, licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for Washington Township.
TREE MASS
Areas, groves, or stands of mature trees (i.e., greater than four-inch caliper, at a height of five feet from the ground).
[Added 7-2-2002 by Ord. No. 4-02]
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded or in any other manner improved or prepared for subdivision or land development or the construction of a building.
WATERCOURSE
A natural or man-made stream of water, river, brook, creek or a channel of a perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
[1]
Editor's Note: See 53 P.S. 10401 et seq.
[2]
Editor's Note: See 65 P.S. § 271 et seq.
B. 
Words in the present tense include the future. The singular includes the plural. The words "shall" and "will" are mandatory; the word "may" is optional. The word "person" means an individual, corporation, partnership, firm, association, company or any other similar entity. An "agency" shall be construed to include its successors or assigns.