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]
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.
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.
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.
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, 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.
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."
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 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, 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.