For the purpose of this chapter, certain terms
and words used herein shall be interpreted or defined as follows:
A.
Words used in the present tense shall include the
future.
B.
Words used in the singular number shall include the
plural.
C.
Words used in the plural number shall include the
singular.
D.
The word "person" includes a corporation as well as
an individual or an association of individuals.
E.
The words "shall" and "will" are always mandatory.
F.
The word "may" is permissive.
For the purpose of this chapter, the following
terms shall have the meaning indicated, unless otherwise specifically
stated. Words not defined herein shall be observed and applied according
to their generally accepted dictionary definitions.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
An area bounded by streets, utility, railroad, public facility
or other rights-of-way; or easements or other definite barriers.
The line of that face of the building nearest the front line
of the lot at the street right-of-way line.
An independent and detached structure having a roof supported
by columns or walls, or resting on its own foundation, including but
not limited to principal structures, mobile homes, garages, greenhouses
and other accessory buildings.
That portion of the total street right-of-way surfaced or
otherwise prepared or meant for vehicular use. Width is determined
from face of curb to face of curb, or from one edge of driving surface
to the other edge of driving surface.
An area of unobstructed vision at a street intersection defined
by lines of sight between points at a given distance from the intersection
of street lines.
The Independence Township Planning Commission as duly appointed
by the local Governing Body.
An obligation defined by law or agreement, the violation
of which can be restrained by court action; these are usually stated
in the deed. Private covenants are not legally enforceable by the
Township.
A street open to traffic and pedestrian access with one end
permanently terminated by a vehicular turnaround.
Any person, individual, firm, partnership, association, corporation,
estate trust or any other group acting as a unit, who makes or causes
to be made, a subdivision of land or a land development.
A private vehicular way serving only one lot or parcel which
provides access between a street and a parking area or garage located
on a lot.
[Added 12-9-2009 by Ord. No. 2-2009]
A grant by a property owner for the use of land which is
given to persons, corporations, or the public for purposes such as
access, utility placement or similar activities.
The Engineer for the Township as officially designated by
the Governing Body.
A flat or low land area subject to inundation from a stream,
river or watercourse; and/or any area subject to the rapid accumulation
of surface waters from any source.
The front boundary line of a lot facing a street. The front
of a corner lot shall be considered: on the street that parallels
the long dimension of the block; on the street of highest use classification;
or, on the basis of orientation of the majority of other lots in the
vicinity.
The duly elected Board of Supervisors of the Township of
Independence, Beaver County, Pennsylvania.
The entire land area of a tract, as distinguished from net
acreage.
A strip of land equal to or less than 1/2 of the required
rights-of-way reserved or proposed for street purposes along the property
line. (Half streets are prohibited except to complete another half
street.)
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including but not limited to
grading, paving, curbs, gutters, storm sewers and drains, improvements
to existing watercourses, sidewalks, crosswalks, street signs, monuments,
water supply facilities, sewage disposal facilities and stormwater
control facilities.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving a group of two
or more residential or nonresidential buildings, whether proposed
initially or cumulatively, or a single nonresidential building on
a lot or lots regardless of the number of occupants or tenure; 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; or, a subdivision
of land.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition); a lessee if he is
authorized under the lease to exercise the rights of the landowner;
or other persons having a proprietary interest in land.
A tract or parcel of land designated for conveyance or transfer
of ownership, improvement or sale, whether immediate or future.
A lot, abutting two or more streets at their intersection,
on which the building line for all streets must be observed.
The mean horizontal distance between the front lot line and
the rear lot line.
A lot that has access to a public right-of-way from both
the front yard and back yard. Double frontage lots may be permitted
only as a variance due to unnecessary hardship or unique physical
circumstances that are not created by an appellant.
A lot abutting a public right-of-way along both the front
and rear yards, having access to only one of the public rights-of-way.
The total horizontal distance across the lot, between the
side lot lines, measured at the building line.
An orderly representation of future development plans for
a parcel which will be developed by phases over a period of time.
This plan is not binding and may be revised periodically as development
plans change.
Subdivisions developed along existing improved public thoroughfares
that require no additional streets or street openings or realignment
of existing streets; the division of existing vacant lots; and the
division of lots containing more than one principal structure for
the purpose of transferring legal ownership of lots or structures
and the land on which they are situated, provided that no new land
development or new streets or realignment of existing streets is involved.
A transportable single-family dwelling as defined, provided for, and controlled by Chapter 126, Mobile Home Parks, of the Code of Independence Township.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is developed and maintained consistent with the specific requirements of Chapter 126, Mobile Home Parks, of the Code of Independence Township.
Any contiguous parcel or tract of land under single ownership, used or intended to be used for the placement of two or more mobile homes for nontransient use, developed and maintained consistent with the specific requirements of Chapter 126, Mobile Home Parks, of the Code of Independence Township.
A relaxation or change in the provisions of this chapter
that is granted by the Governing Body in cases where the developer
can show, to the satisfaction of the Governing Body, that the literal
enforcement of the provisions would exact undue hardship because of
peculiar conditions pertaining to the land in question.
A survey reference point constructed and placed as specified
in this chapter.
The Township of Independence, Beaver County, Pennsylvania.
The total acreage of a development site minus the areas utilized
for accessways, on-grade utilities and facilities, lakes, ponds or
similar water surfaces and parking facilities.
A sanitary sewage collection system in which sewage is carried
from an individual lot or dwelling unit by a system of pipes to a
central treatment and disposal plant which may be publicly or privately
owned and operated.
A potable water distribution system in which water is carried
to individual lots or dwelling units by a system of pipes from a central
water source located beyond the limits of the lot being served which
may be publicly or privately owned and operated.
A system of piping, tanks or other facilities serving only
a single lot and disposing of sewage in whole or in part into the
soil or by a processing system located on site.
A single system of piping, tanks or other facilities serving
only a single lot and obtaining the water either in whole or in part
from a primary source located within the limits of the lot being served.
An unoccupied and undeveloped space open to the sky.
For purposes of this chapter, off-street parking and loading
areas shall be defined as follows:
An outside surfaced courtyard or inner area having no roof.
A complete and exact subdivision plan, prepared by a registered
land surveyor for official recording as required by statute, to delineate
boundaries, define property rights, proposed streets and all other
improvements.
A tentative subdivision plan of an entire tract, prepared
by a registered land surveyor, showing approximate street and lot
layout, as a basis for consideration and review prior to preparation
of a final plan.
The map or plan of a subdivision or land development, whether
preliminary or final.
Within the terms of this chapter, public utility shall be
defined to include gas, electric, telephone, sewerage, water and communication
cable services.
The modification of a recorded subdivision, in whole or in
part, by a redesign of lots, size, area or street layout. (Such action
requires subdivision approval.)
Land reserved for use as a street, interior walk, or other
public purpose, and dedicated for public use; all must be recorded
in the County Recorder of Deeds office. For purposes of this chapter,
public right-of-way lines shall prevail over private parcel lines
that are designated as falling within the public right-of-way. When
a lot abuts a right-of-way of a public thoroughfare, all applicable
lot area and lot requirements shall be computed from the public right-of-way
line.
The minimum distance that a structure can be located from
a right-of-way or property line or another structure, thereby creating
a required open space on a lot.
The designated official of the Township who issues and reviews
on-site sewage permit applications and conducts such investigations
and inspections as are necessary to implement the Pennsylvania Sewage
Facilities Act, as amended, and the rules and regulations thereunder.[1]
A plan to control the increase and concentration of runoff
of stormwater caused by land development or predeveloped conditions.
The following street classifications shall apply to all streets
in the Township:
EXPRESSWAYExpressways are limited access freeways that carry through traffic between major urban centers and to and from points outside of a region with no interference.
ARTERIALArterials carry major movements of traffic within or through the community.
COLLECTORCollectors carry the internal traffic movements within the Township and connect developed areas with the arterial system. The collector system simultaneously provides abutting property with road access and accommodates local internal traffic movements.
LOCALLocal streets provide access to immediately adjacent land.
PRIVATEAny vehicular way that is not dedicated as a public street.
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.
[Added 12-9-2009 by Ord. No. 3-2009]
The procedure applied to new or existing streets or streets
under construction, including but not limited to, resurfacing, regrading,
drainage improvement, pothole repair, dust prevention practices and
snow removal.
The owner, or authorized agent of the owner, of the 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, for lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided however, that the division 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.
A map showing ground elevations by contour lines, and the
location of important natural, man-made and other features.
A building or portion thereof providing complete housekeeping
facilities for one individual or one family.
The purpose or activity for which the land or building is
designed, arranged or intended; or for which it is occupied or maintained.
A yard extending across the full width of the lot, unoccupied
other than by steps, walks, terraces, driveways, lamp posts and similar
improvements, the depth of which is the least distance between the
front lot at the right-of-way line and the building line.
A yard extending across the full width of the lot between
the rear of the principal building and the rear lot line, unoccupied
other than by steps, walks, terraces, driveways, lamp posts and similar
improvements.
A yard between the principal structure and the side lot line,
extending from the front yard, or from the front line where no front
yard is required, to the rear yard. The width of the required side
yard is measured horizontally at 90º with the side lot line,
from the nearest part of the principal building.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
