Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning indicated. Words
in the singular include the plural, and the words in the plural include
the singular. The word "person" includes a corporation, unincorporated
association and a partnership, as well as an individual or any other
legal entity. The words "shall" and "will" are mandatory; the word
"may" is permissive. An agency shall be construed to include its successors
or assigns. Words not defined in this article or the Pennsylvania
Municipalities Planning Code[1] shall have their normal meanings.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate building, the use of which is customarily incidental
to that of the principal building on the same lot.
The average number of trips generated by a land use over
a twenty-four-hour period during the week, sometimes referred to as
"AADT (annual average daily trip)."
A minor right-of-way, publicly owned, primarily for service
access to the back and sides of properties.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the 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 land development plan.
Plans and profiles prepared by the developer's engineer showing
the exact location, size, grade and depth of all required improvements,
as constructed.
A path designed to be used by nonmotorized bicycles.
An area divided into lots and usually bounded by streets.
The Borough of New Wilmington, Lawrence County, Pennsylvania.
A professional engineer licensed as such in Pennsylvania,
duly appointed as the Engineer of the Borough of New Wilmington.
A professional attorney licensed as such in Pennsylvania,
duly appointed as the Solicitor of the Borough of New Wilmington.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, designed to limit continuously the view of, and/or sound
from, the site to adjacent properties.
That portion of a lot, exclusive of the required setbacks,
in which a structure may be placed.
The line within a property defining the required minimum
distance between any building and the right-of-way and/or adjacent
property lines.
Computer-aided drawing. A digital format of the plans and
drawings that are generally submitted on paper or Mylar.
The improved surface of a street or alley designed for vehicular
traffic.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street center lines.
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 site, not including
streets, off-street parking areas and areas set aside for public facilities.
The New Wilmington Borough Comprehensive Plan of 1963, and
any amendments thereto.
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, together with individual ownership in fee of a particular
unit or apartment in such building or on such parcel of land, and
may include dwellings, offices and other types of space in commercial
and industrial buildings or on real property.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building, structure or required
improvement, including the placement of a mobile home.
A lot located at the intersection of two or more existing
or proposed street rights-of-way.
The County of Lawrence, Pennsylvania.
The Lawrence County Planning Commission.
A formal agreement of legal validity between two or more
parties.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
An excavation. The difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
An act of transmitting property or interest thereto.
The Pennsylvania Department of Environmental Protection,
its bureaus, divisions, departments and/or agencies, as may from time
to time be established, or such department or departments as may in
the future succeed it.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
in a one-hundred-year flood.
An area in which surface water runoff is temporarily stored
pending its release at a controlled rate.
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.
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, mining, dredging,
filling, grading, excavation or drilling operations, and the subdivision
of land.
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 in this chapter shall mean the written
and graphic materials referred to in this definition.
A lot with front and rear street frontage.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development.
Any ditch, gutter, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of carrying, diverting
or controlling surface water or groundwater.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A right granted for limited use of private land for public
and quasi-public purposes, including such things as utilities and
drainage.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
A plan showing all present and proposed grades and facilities for stormwater, drainage, erosion and sediment controls, and which is in accordance with § 221-48 of this chapter.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any 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 and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
The area along a natural watercourse which may from time
to time be overflowed by water therefrom.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of the one-hundred-year
magnitude.
A plan showing all existing ground features and proposed
grading, including existing and proposed surface and subsurface drainage
facilities, described by grades, contours and topography.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
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.
Does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an "amusement park" is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
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 Department of Planning for the County of Lawrence.
For the purpose of this chapter, the Borough. Its meaning
also includes any municipal authority or private agency which may
be asked to accept improvements required by this chapter.
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 contained within the property lines of the individual
parcels of land as shown on a subdivision plan, excluding space within
any street rights-of-way, but including the area of any easement.
A lot abutting upon two or more streets at their intersection,
the front of which shall be considered to be the frontage of least
dimension on a street, except that, where any two frontages shall
each exceed 150 feet in length, either frontage may be designed as
the front of the lot.
An interior lot which abuts streets in both the front and
rear.
A lot having side lot lines which do not abut on a street.
A land development plan in which existing property lines
are moved but in which no new additional lot is created.
A lot of record at the time of the adoption of this chapter
which, by reason of area or dimension, does not conform to the requirements
of this chapter.
A lot described in a deed or shown on a plan of lots which
has been recorded in the office of the Recorder of Deeds of Lawrence
County, Pennsylvania.
A lot extending between and having frontage on an arterial
street and a local access street, and with vehicular access solely
from the latter.
The distance between the side lot lines measured at the building
setback line.
A metal stake pin placed to designate the boundary and corners
of lots in the subdivision of land for the purpose of reference in
land and property survey and facilitate the sale of lots. Wood stakes
may be used to identify in the location of the metal pin.
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.
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 erection 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 homes.
A concrete, stone or other permanent object 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 survey.
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."[2]
Act of Assembly of July 31, 1968, P.L. 805, as amended.[3]
A flood that, on the average, is likely to occur once every
100 years.
Any parcel or area of land or water, essentially unimproved
and set aside, dedicated, designated or reserved for the public or
private use and enjoyment, or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such parcel or area
of land or water.
The Pennsylvania Department of Transportation.
Any security which may be in lieu of the construction of
required improvements prior to the county and/or local municipality
approval of a final subdivision or land development plan, including
performance bonds, escrow agreements and other similar collateral
or surety agreements.
An individual, partnership, corporation or other legally
recognized entity.
A complete and exact subdivision plan prepared for official
recording as required by statute and this chapter.
See "Municipalities Planning Code."
The New Wilmington Borough Planning Commission, unless otherwise
stated.
The preliminary drawing indicating the proposed layout of
the subdivision to be submitted to the Borough of New Wilmington for
consideration, as required by this chapter.
An informal plan indicating salient existing features of
a tract and its surroundings and general layout of the proposed subdivision
or land development.
A plan for controlling erosion and sediment during construction
which shall provide all steps, including scheduling, to assure erosion
and sediment control during all phases of construction, including
final stabilization.
The map or plan of a subdivision or land development, whether
preliminary or final.
Land used for agricultural purposes that contains soils of
the first, second or third class, as defined by the U.S. Department
of Agriculture, Natural Resources and Conservation Services (NRCS)
County Soil Survey.
Persons who provide expert or professional advice, including
but not limited to architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
Includes:
A formal meeting held pursuant to public notice by the Borough
of New Wilmington, intended to inform and obtain public comment, prior
to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.[4]
Notice published once each week for two successive weeks
in a paper of general circulation in the county. 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.
A type of vehicular unit primarily designed as temporary
living quarters for recreational, camping or travel uses, which either
has its own motive power or is mounted and drawn by another vehicle,
including but not limited to travel trailers, camping trailers, truck
camper or motor home.
A plot of land upon which two or more recreational vehicle
sites are located, established or maintained for occupancy by recreational
vehicles of the general public as temporary living quarters for recreation
or vacation purposes.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
A narrow parcel of ground having inadequate area for building
purposes separating a street or a proposed street from other adjacent
properties.
Any subdivision or transfer of land, laid out on a plan which
has been approved by the Borough of New Wilmington, which changes
or proposes to change property lines and/or public right-of-way not
in strict accordance with the approved plan. (See also "subdivision
replat.")
Land dedicated for use as a public street, alley or crosswalk,
which may also be used by sewer, water, storm sewer, electric, gas,
telephone and cable system(s).
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 the surface of the land.
The Secretary of the Council of New Wilmington Borough.
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."
A watertight tank in which raw sewage is broken down into
solid, liquid and gaseous phases to facilitate further treatment and
final disposal.
The line within a property defining the required minimum
distance between any structure and the ultimate adjacent right-of-way,
and the line defining side and rear yards where required.
A system of piping tanks or other facilities serving a lot
and collecting and disposing of sewage in whole or in part into the
soil.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
The portion of a roadway (cartway) between the curb or gutter
and the travelway intended for emergency and parking use.
The extent of unobstructed vision, in a horizontal or vertical plane, along a street, as defined in § 221-26 of this chapter.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon.
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for on-site sewage disposal.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways or strips of land
used or intended to be used by vehicular traffic or pedestrians, whether
public or private, and including the entire right-of-way. Particular
types of streets are further defined as follows:
PRINCIPAL ARTERIAL OR 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 roads with few, if any, grade intersections.
MINOR ARTERIALArterials bring traffic to and from the expressway and serve major movements of traffic within or through the areas not served by expressways. They serve primarily to move traffic, but also perform a secondary function of land service.
COLLECTORThis class of road serves the internal traffic movement within the municipality and connects developed areas with the arterial system. They do not accommodate long, through trips and are not continuous for any appreciable length. The collector system is intended to simultaneously supply abutting property with the same degree of land service as a minor street and accommodate local internal traffic movements.
COMMERCIALCommercial roads service areas whose predominant use is commercial. In function, design and specification, they will be considered as a collector street.
LOCAL AND MINORThe sole function of a minor street is to provide access to immediately adjacent land.
INDUSTRIALIndustrial roads are primarily designed to serve industrial and manufacturing development. These roads will be designed to accommodate extensive truck traffic of all types.
PRIVATEA residential street designed and constructed to the private street specifications of this chapter, which serves no more than three residential lots.
An imaginary line which passes through the middle of the
right-of-way and the cartway simultaneously, or which is in the center
of the right-of-way in cases where the cartway is not centered in
the right-of-way.
Anything constructed or erected, the use of which requires
a fixed location on the ground or an attachment to something having
a fixed location on the ground, including, in addition to buildings,
billboards, carports, porches, swimming pools and other building features
but not including sidewalks, drives, fences and porches without a
roof or enclosed sides.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other division
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.
The change of a lot line between two abutting existing parcels
not intended to create a new parcel and where such lot line change
is in full compliance with this chapter, any local zoning ordinance
and related ordinances, rules and regulations of the county. A replat
which involves the creation of new lots or involves more than two
lots shall be treated as a major or minor subdivision.
Where, in the judgment of the County Engineer or local 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 professional surveyor, licensed as such in the Commonwealth
of Pennsylvania.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
A temporary circular turnaround at the end of a road which
terminates at or near the subdivision boundary bordering undeveloped
land.
Surface soils and subsurface soils which normally are fertile
soils and soil material, ordinarily rich in organic matter of humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A Horizon."
An analysis, prepared by a professional engineer, of traffic
generated by a new or expanded development plan, on all roads that
provide access to the development.
A single, or one-way, vehicle movement to or from a property
or study area.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building
or other improvement.
A part of the property, structure or building designed or
intended for any type of independent use, which has direct exit to
a public street or way, or to an easement or right-of-way leading
to a public street or way, and includes a proportionate undivided
interest in the common elements, which is assigned to the property,
structure or building.
A plan to show all existing and proposed fire hydrants, water
and sewer lines, storm sewer lines, gas and electric lines, and streetlighting.
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
A permanent stream, intermittent stream, river, brook or
creek, or a channel, drain or ditch for water, whether natural or
man made.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
[2]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed 6-19-2001 by P.L. 287, No. 22. See now 53 Pa.C.S.A. §
5601 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: This act was repealed 10-15-1998 by P.L. 729,
No. 93. See now 65 Pa.C.S.A. § 701 et seq.
