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 include the future.
B.
Words used in the singular include the plural.
C.
Words used in the plural 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 when approved as a variance.
G.
The word "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
H.
The word "building" includes the word "structure."
I.
Unless otherwise specified, all distances shall be measured horizontally.
Unless otherwise expressly stated, the following words or phrases
shall for the purpose of this chapter have the meanings herein indicated:
A public thoroughfare which affords only a secondary means
of access to abutting property and not intended for general traffic
circulation.
A tract of land or an area used principally as the location
for permanent amusement structures or rides.
A landowner or developer, as herein defined, who has filed
an application for development, including his heirs, successors and
assigns. (See also "developer.")
Every application, whether designated as preliminary or final, required to be filed and approved prior to start of construction, development, excavation and/or use of land and/or structure, including but not limited to an application for a building and/or zoning permit per the terms of Chapter 172, Zoning, and/or an application for subdivision of land, and/or an application for the approval of a development plan per the terms of this chapter.
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[1]
A municipal sewer is considered available if:
Connection is recommended and/or required by the regulations
or the Township of Darlington or any municipal authority incorporated
by the Township.
Connection is recommended and/or required by the regulations
of the Pennsylvania Department of Environmental Protection pursuant
to the "Pennsylvania Sewage Facilities Act";[2] or
An existing municipal sewer line with sufficient capacity is
located within 1,000 feet of the nearest point of a subdivision or
land development.
An area bounded by streets or other definite barriers.
Any body granted jurisdiction under a land use ordinance
or under the Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended,[3] to render final adjudications.
The Board of Supervisors of Darlington Township, Beaver County,
Pennsylvania.
Any structure having a roof supported by walls, and intended
for the shelter, housing or enclosure of persons, animals, machinery
or produced goods.
An imaginary line located on the lot at a fixed distance
from the street right-of-way line and interpreted as being the nearest
point that a building may be constructed to the street right-of-way.
The building line shall limit the location of porches, patios and
similar construction, steps excepted, to the face of this line.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and roofed porches whether
enclosed or unenclosed but does not include steps.
That portion of the street right-of-way surfaced 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.
The triangular area formed by two intersecting street center
lines and a line interconnecting points established on each center
line, 75 feet from their point of intersection. This entire area is
established 3 1/2 feet in elevation from grade level at the intersection
of the street center line.
A subdivision or land development in which individual lots
are designated in somewhat tighter arrangements than a conventional
subdivision with a significant percentage of the total plot or parcel
being dedicated and held as common open space.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and 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 subdivision in which all or most of a plot or parcel is
divided into lots and streets with little or no area reserved as common
open space. (See "cluster design or development.")
A residential street with one end open to traffic and pedestrian
access and permanently terminated by a vehicular turnaround. A cul-de-sac
is the vehicular turnaround at the end of a cul-de-sac street.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications hereunder,
except the following:
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.
The provisions for development, including a planned residential
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" when used herein shall mean the written and
graphic materials referred to in this definition.
A grant or dedication by a property owner or applicant of
a right-of-way or strip of land for a specific purpose or use to the
general public, a corporation or a certain person.
The consulting Engineer retained by the Board of Supervisors
of the Township of Darlington.
The erection, construction, alteration or maintenance by
public utilities or municipal departments or commissions of: underground
gas, electrical, telephone transmission or distribution systems; and
public water, public sanitary sewer and public storm sewer facilities,
including wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, traffic signals, hydrants and similar equipment and accessories
in connection therewith; including buildings necessary for the furnishing
of adequate services for the public health, safety and general welfare.
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including but not limited to
grading, paving, curb, gutter, storm sewers, individual sanitary sewage
system, improvements to existing watercourses, sidewalks, crosswalks,
street signs, monuments, water supply and water distribution systems
and facilities, sanitary sewers, sanitary sewerage collection systems
and sanitary sewage treatment plant facilities.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another streets, and said right-of-way
shall have a minimum width of 12 feet.
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, 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 Section 503(1.1) of the Municipalities
Planning Code, Act 247 of 1968, as amended by Act 170 of 1988.[4]
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.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area of a horizontal plane measured at grade and bounded
by the front, side and rear lot lines.
A parcel of land abutting on two or more intersecting streets.
The average horizontal distance between the front and rear
lot lines.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
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.
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.
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.
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.
A relief of the requirements of one or more provisions of
this chapter if the literal enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that such modifications will not be contrary to the public
interest and that the purpose and intent of the ordinance is observed.
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, No. 164),[5] known as the "Municipality Authorities Act of 1945."
A sanitary sewage collection system approved by the Township
in which sewage is carried from individual lot or dwelling units 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 approved by the Township
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 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.
The duly authorized agent, attorney, purchaser, devisee,
fiduciary or any person having vested or equitable interest in the
lot in question.
The area required for parking one automobile, which is held
to be an area nine feet wide and 18 feet long, and the minimum area
per parking space shall be 162 square feet exclusive of aisleways
and pedestrian passageways. Driveways and traffic aisles serving individual
parking spaces shall not be less than 25 feet wide for ninety-degree
parking, 12 feet wide for parallel parking, 17.5 feet wide for sixty-degree
parking, and 13 feet for forty-five-degree parking.
An outside surfaced area having no roof and no more than
three sides walled or fenced.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district. A planned residential development
may include and shall be limited to:
The duly constituted Planning Commission of Darlington Township,
Beaver County, Pennsylvania.
The map or plan of subdivision or land development, whether
preliminary or final.
A formal meeting held pursuant to public notice by the governing
body or planning agency or Zoning Hearing Board, intended to inform
and obtain public comment, prior to taking action in accordance with
this chapter and the provisions of the Pennsylvania Municipalities
Planning Code, as amended.
A forum held pursuant to notice under the act of October
15, 1998 (P.L. 729, No. 93),[6] known as the "Sunshine Act."
A 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.
Within the terms of this chapter, a public utility shall
be defined as gas, electric, and telephone service.
Any letter, review, memorandum, compilation, or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. A report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A strip of land adjacent to a street intended to control
access to the street from an adjacent property.
The modification of a recorded subdivision, in whole or in
part, by a redesign of lots, by change of size, area or by street
layout.
A lot extending between and having frontage on a major traffic
street and a local street, and with vehicular access solely from the
latter.
Any land reserved for use as a street, alley, interior walk,
or other public purpose.
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street.
A public way which affords principal means of access to abutting
properties. Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
The following street classifications shall apply to streets
in the Township of Darlington:
EXPRESSWAYThis class of highway facility is devoted entirely to the task of moving large volumes of traffic, and performs little or no land service function. It is generally characterized by some degree of access control. Normally, this classification should be reserved for multilane, divided roadways with few, if any, grade intersections.
ARTERIALArterials accommodate intercommunity traffic flow and afford connections to other communities or secondary regional traffic generators with direct access to adjoining property being a secondary function. The average length of trip on such a highway normally exceeds three miles.
COLLECTORThese roads serve to funnel traffic onto arterials and to provide linkage on an intracommunity basis. Providing access to properties abutting a collector street is likewise a secondary function. The primary function of a collector street is to accept the traffic generated on local streets with which they may be interlinked.
LOCALSuch roadways are intended primarily to serve properties fronting on their right-of-way. These road generally do not carry major traffic volumes since their function is to serve that traffic generated from the residential properties.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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 or sale, 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 in parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
"Subdivision" shall be construed to also include any development
of a parcel of land, for example, as a shopping plaza or center, residential,
institutional, commercial or industrial complex, etc., which involves
the excavating, grading, construction of streets, alleys, stormwater
drainage, sewerage, water and other improvements and utilities and
facilities, even though the streets and facilities may not be dedicated
to public use, and the parcel may not be divided immediately for purpose
of conveyance, transfer, sale or lease.
"Subdivision" includes resubdivision and, as appropriate in
these regulations, shall refer to the process of subdividing land
or to the land subdivided.
"Subdivision" includes the development of any existing lot or
parcel of land for a use other than residential where the development
or use will require changes in existing or construction of new driveways
onto public streets and highways; changes in location of watercourses
or stormwater drainage conditions or construction of new stormwater
drainage facilities; changes in existing sanitary sewerage disposal
facilities or construction of new sanitary sewerage disposal facilities;
public water supply and distribution systems or any other utilities,
facilities and related improvements.
Where in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was post pursuant to Section 509 of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended) 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 map showing ground elevations by contour lines and the
location of important, natural and man-made features.
Township of Darlington, Beaver County, Pennsylvania.
An unoccupied space open to the sky, on the same lot with
a building or structure.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and the front line of the building projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front line of the building and the street line.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot and the rear line of the building.
An open unoccupied space on the same lot with the main building,
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not considered
a rear line or a front line shall be deemed a side line.
[1]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed 6-19-2001 by P.L. 287, No. 22. See now Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 53 P.S. § 10503(1.1).
[5]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed 6-19-2001 by P.L. 287, No. 22. See now Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq.
[6]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
