The word "person" includes a corporation, whether or not for
profit, an association, unincorporated association, partnership, individual
or any other entity. The words "shall" and "will" are mandatory; the
word "may" is permissive. The word "building" includes a structure
or any part thereof. Words used in the present tense include the future
tense. Words in the masculine gender include the feminine gender.
The following words and phrases shall have the particular meanings
specified for the purpose of interpreting this chapter:
A use or structure, located on the same lot with the principal
use or structure, that is subordinate and incidental to the principal
structure or use of the property and that may occupy a separate structure
and/or area on or in the ground, including, but not limited to, storage
buildings or other storage structures, off-street parking, signs,
off-street loading, gazebos, children's playhouses, greenhouses
for personal use, garages, swimming pools, detached decks, fences
and similar structures.
A landowner or developer, as hereinafter defined, who has
filed an application for a subdivision or land development, including
his heirs, successors and assigns.
See "final application."
Any application, whether preliminary or final, required to
be filed and approved prior to the start of construction or development,
including, but not limited to, an application for the approval of
a subdivision or land development.
See "preliminary application."
See "street, arterial."
Plans and profiles prepared by the applicant's engineer
showing the exact location, size, grade and depth of all required
improvements, as constructed.
A tract of land bounded by streets, public lands, railroad
rights-of-way, waterways or municipal boundary lines.
The Board of Supervisors of the Township of South Strabane,
Washington County, Pennsylvania.
Surety, in a form acceptable to the Township, in the form
of cash, a certified check, a letter of credit or corporate bond from
a surety company licensed to do business in the Commonwealth of Pennsylvania
and approved by the Township Solicitor, which guarantees the repair
or maintenance of the improvements required by this chapter for a
specified period after their completion and acceptance by the Township.
Surety, in a form acceptable to the Township, in the form
of cash, a certified check, a letter of credit, a corporate performance
bond or a labor and material payment bond from a surety company licensed
to do business in the Commonwealth of Pennsylvania and approved by
the Township Solicitor, which guarantees the satisfactory completion
of improvements required by this chapter.
See "front building line."
That portion of the street right-of-way which is surfaced
for vehicular use, excluding shoulders and curbs where curbs are provided.
All references to "chapter" or "this chapter" refer to the
Township of South Strabane Subdivision and Land Development Ordinance.
An area of unobstructed vision at street intersections, defined
by lines of sight between points at a given distance from the intersection
of the center lines of streets. (See the illustration in Appendix
II.[1])
See "street, collector."
See "driveway, common private."
The review of an application submitted for approval under
this chapter performed by the Township Engineer to determine whether
all of the information required by this chapter has been provided
in the application.
Technical review of an application submitted for approval
under this chapter performed by the Township Engineer and any other
professional consultants retained by the Township to determine whether
the application complies with the design standards and construction
standards specified by this chapter for the proposed development.
The Comprehensive Plan of the Township, which guides the
physical development of the Township and which consists of maps, charts
and textual matter in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.[2]
A development where each dwelling unit or structure is individually
owned, and the owner of each dwelling unit or structure has an undivided
interest in the common areas and facilities of the structures and
surrounding grounds.
The combination of two or more lots, tracts or parcels of
land for the purpose of a land development. For purposes of this chapter,
a consolidation shall be considered a subdivision.
See "Township construction standards."
A multifamily dwelling where a corporation holds title to
the building and each resident purchases shares in the corporation
and, in return, receives a lease granting occupancy of a specific
dwelling unit in the building and where each resident pays a proportionate
share of operating expenses and debt service on the building based
on the amount of stock held in the corporation.
See "lot, corner."
County of Washington, Pennsylvania.
The Washington County Planning Commission.
An obligation or restriction defined by law or agreement,
usually referenced in a deed, the violation of which can be restrained
by court action, but which is private in nature and is not legally
enforceable by the Township.
A publicly or privately owned right-of-way for pedestrian
use extending from one curb to the opposite curb across a public or
private street cartway or, where there are no curbs, from the edge
of the cartway to the opposite edge of the cartway.
A street having one end open to traffic and being permanently
terminated by a vehicle turnaround, including a court or dead-end
street.
The date when an application for development and the required
application filing fee and application review fee are submitted to
the Township Zoning Officer or his/her authorized designee.
See "lot depth."
Any landowner, agent of such landowner or tenant with the
permission of such landowner who proposes, makes, or causes to be
made an application for a subdivision of land or a land development.
See "lot, double frontage."
A vehicular access route serving two or more residential
lots or parcels or two or more businesses on a single lot which provides
access to a public street.
A vehicular access route serving only one parcel or lot which
provides access to a public street but which does not provide access
to any other lot or parcel under separate ownership.
Any building designed or used as permanent living quarters
for one or more families, but not including hotels, motels or boardinghouses.
A residential building designed exclusively for occupancy
by three or more families living independently of each other and containing
three or more separate dwelling units, including triplexes, quadraplexes,
townhouses, garden apartments, mid-rise apartments and high-rise apartments.
A detached residential building that is the only principal
structure on the lot, designed exclusively for occupancy by one family,
as defined herein, and containing one dwelling unit.
A residential building that is the only principal structure
on the lot, unless authorized by this chapter to be subdivided along
the common wall for fee simple ownership of each dwelling unit, designed
exclusively for occupancy by two families living independently of
each other and containing two dwelling units, each with a separate
entrance directly to the outside.
One or more rooms that are used as living quarters for one
family and that have permanent facilities for sleeping, cooking and
eating, as well as sanitary facilities.
A grant of one or more property rights by the property owner
to and for use by the public, a utility, a corporation or any other
person, the use of which by the grantor shall not be inconsistent
with the rights of the grantee.
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania. The use of the word "engineer" shall
not exclude the practice of topographic surveying, as provided for
in the laws of the Commonwealth of Pennsylvania.
Any contract, whether subject to any condition or not, or
a certificate of title or other legal document whereby a person shall
have the legal or equitable rights of the landowner in all matters
relating to an application filed under this chapter.
An individual or two or more persons related by blood, marriage, adoption or foster child care, including domestic servants or gratuitous guests thereof, or a group of not more than three unrelated persons living together without supervision in a dwelling unit or not more than 12 persons living together in a group living arrangement with supervision, as defined and regulated by Chapter 245, Zoning, of the Code of the Township of South Strabane.
The required charge, payable to the Township, established
from time to time by resolution of the Board of Supervisors, collected
to defray the costs of processing an application, reviewing an application
or inspecting the installation of public improvements pursuant to
this chapter.
The written and graphic materials specified by this chapter
to be submitted to the Township in order to obtain final approval
of a proposed subdivision or land development plan.
The map or plan of a proposed subdivision or land development
containing all the information required by this chapter and any subdivision
regulations or other requirements adopted by the County of Washington
for final plat approval, in a form acceptable for recording in the
office of the Washington County Recorder of Deeds.
See "lot, flag."
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; any area identified as flood-prone
on maps issued by the Federal Insurance Administration.
See "lot frontage."
A line parallel to, or concentric with, the front lot line, the minimum measurement of which is the front yard depth required by Chapter 245, Zoning, of the Code of the Township of South Strabane for the zoning district in which the lot is located.
Physical changes to land, including but not limited to grading,
paving, installation of storm and sanitary sewers, stormwater management
facilities or other features necessary to carry out a proposed development.
All grading, paving, curbs, streets, walkways, gutters, stormwater
management facilities, storm and sanitary sewers and other facilities
to be owned, maintained or operated by a private entity, such as an
individual, corporation or homeowners' association.
All grading, paving, curbs, streets, walkways, gutters, stormwater
management facilities, storm and sanitary sewers and other facilities
to be dedicated to or maintained by the Township for which plans and
specifications must comply with the construction standards of the
Township.[3]
See "driveway, individual private."
The Township Engineer or any other authorized representative
assigned by the Board of Supervisors to make any or all necessary
inspections of the work performed and materials furnished by the developer
or the contractors selected to install the improvements required by
this chapter.
See "lot, interior."
The improvement of one lot or two or more contiguous lots,
tracts or parcels for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively;
A single nonresidential building on a lot or lots, regardless
of the number of occupants or tenure;
A single multifamily residential building on a lot or lots;
Any change of use or building alteration that results in an
increase in total lot coverage by principal structures and/or paving;
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 plan which encompasses a proposed land development, which,
in addition to a plat of subdivision, if required, includes all covenants
relating to the use of the land; the proposed use, location and bulk
of buildings and other structures; the intensity of use or density
of development; public improvements; private improvements; and common
open space. The land development plan shall include all of the written
and graphic information required by this chapter.
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 the land.
A registered professional landscape architect licensed as
such by the Commonwealth of Pennsylvania.
A plan by a person knowledgeable in the characteristics of
plant materials and the proper techniques for installing and maintaining
them, including a registered architect or landscape architect or a
member of the American Nurserymen's Association, identifying
each tree and shrub by size, type and scientific name; the location
of each, including a planting diagram; and such other diagrams or
reports as are necessary to show the method of planting, staking and
mulching, grass seeding specifications and mixtures and existing trees
to be preserved, if any.
An area characterized by unstable slopes and land surfaces
whose history, geology, soil, bedrock structure and climate indicate
a potential for landslides as identified by the United States Geological
Survey or the South Strabane Township Engineer.
A tract of land in a plan of subdivision or any other parcel
of land described in a deed or legal instrument pursuant to the laws
of the Commonwealth of Pennsylvania intended to be used as a unit
for development or transfer of ownership.
The total area within the lot lines, excluding the area within
any street right-of-way.
A lot at the intersection of, and fronting on, two or more
street rights-of-way.
The mean horizontal distance between the front lot line and
the rear lot line.
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot
(also known as a "through lot").
A lot that does not have the minimum required lot width at
the street frontage, but rather has a strip of land that provides
an access corridor to the buildable area of the lot, which lot is
located behind another lot that has its full frontage on the public
street. The layout of a flag lot is such that the access corridor
appears to be the flagpole, and the wider buildable area behind the
forward lot is the flag. (See the illustration in Appendix III.[4])
That portion of the lot that adjoins the street right-of-way
or through which access is provided to a public street.
A lot, other than a corner lot or double frontage lot, having
frontage on only one street right-of-way.
Any lot or parcel which individually, or as a part of a subdivision
plan, has been recorded in the office of the Recorder of Deeds of
Washington County.
The straight line distance between the points of intersection
of the front building line with the side lot lines.
See "bond, maintenance."
See "subdivision, major."
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.
See "subdivision, minor."
Relief from any requirement of this chapter granted by the
Board of Supervisors, upon recommendation by the Planning Commission
and Township Engineer, in cases where equal or better specifications
are proposed or in cases of physical hardship.
A survey reference point approved for installation on property
as required by this chapter.
See "dwelling, multifamily."
See "landowner."
See "lot."
An area, other than a sidewalk, reserved by easement for
pedestrian circulation across private property, which is improved
with a dust-free, all-weather surface.
Standard specifications for construction developed by the
Pennsylvania Department of Transportation (PennDOT) or any other such
form subsequently developed by PennDOT or its successor agency which
serves that purpose.
See "bond, performance."
The Township of South Strabane Planning Commission.
A map or plan, either preliminary or final, indicating the
subdivision or consolidation of land or a land development.
Drainage of stormwater or underground water away from any
improvement to prevent damage to life and property and to minimize
disruption of land use.
The written and graphic materials specified by this chapter
to be submitted to the Township in order to obtain preliminary approval
of a proposed subdivision or land development.
The map or plan of a proposed subdivision or land development
which contains all of the information required by this chapter for
approval of a preliminary plat.
The building or buildings on a lot in which the principal
use or uses are conducted.
The primary or predominant use of any lot or structure.
See "improvements, private."
See "street, private."
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.
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter
and any other authorizing statute.
See" improvements, public."
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[5]
Notice of a public hearing published once each week for two
successive weeks in a newspaper of general circulation in the Township.
Such notice shall state the time and place of the public hearing and
the particular nature of the matter to be considered at the public
hearing. The first publication shall be no more than 30 days and the
second notice shall not be less than seven days from the date of the
public hearing.
See "street, public."
Any of the following services: gas, electric, telephone,
water, sanitary sewage and cable TV.
The revision of lot lines, rights-of-way or any other aspect
of a plat of subdivision previously recorded in the Washington County
Recorder of Deeds office.
An easement or an area of land reserved or dedicated for
public purposes to provide access across private property.
The official designated by the Township to review and issue
on-site sewage permits and conduct investigations and inspections
as necessary to implement the Pennsylvania Sewage Facilities Act,[6] as amended, and the rules and regulations thereunder.
The maximum unobstructed vision along a street from a vehicle
located at a given point on a street.
See "dwelling, single-family."
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise or descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
See "Township Solicitor."
A public or private recorded right-of-way that affords primary
means of vehicular access to abutting property, but not including
alleys.
A public street which serves large volumes of high-speed
and long-distance traffic.
A public street that, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial streets.
A public street, other than an arterial or collector street,
designed to provide access to abutting lots and to discourage through
traffic.
A street, including the entire private right-of-way, that
is privately owned and maintained through private agreement and which
is intended for private use.
A public right-of-way dedicated and open for public use that
has been adopted by the Township, county, commonwealth or other governmental
body.
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 or consolidations of parcels 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.
Any subdivision that proposes the construction of a new or
extended public or private street or any other new or extended public
improvements, regardless of the number of lots.
A consolidation, resubdivision or replatting, as defined
herein, or any other subdivision that creates lots on an existing
public or private street and which does not involve the creation or
extension of a public or private street or the creation or extension
of any other public improvements.
Where, in the judgment of the Township Engineer, at least
90% of the improvements required as a condition for final approval
(based on the cost of the required improvements for which financial
security is posted) 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.
See "Board of Supervisors."
A plan prepared by a registered surveyor indicating the precise
metes and bounds of a lot or parcel, showing all easements and rights-of-way
of record and all other existing conditions which represent encumbrances
or restrictions on the use of the property.
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
The Township of South Strabane, Washington County, Pennsylvania.
A document entitled "Township of South Strabane Construction
Standards" prepared by the Township Engineer, adopted and amended
from time to time by resolution of the Board of Supervisors upon recommendation
of the Township Engineer, copies of which are on file in the office
of the Township Manager or his/her authorized designee.
[7]A professional engineer licensed as such in the Commonwealth
of Pennsylvania, or a firm or corporation engaged in the practice
of engineering in compliance with the Registration Act, Section 6
of Act 367, December 16, 1992, as now or hereafter amended,[8] duly appointed by the Board of Supervisors to serve as
the Engineer for the Township.
Any attorney or a law firm, partnership, association or professional
corporation duly licensed and authorized to practice law in the Commonwealth
of Pennsylvania and the County of Washington and appointed by the
Board of Supervisors to serve as its legal counsel in accordance with
the Second Class Township Code, as amended (53 P.S. § 65101
et seq.).
An analysis and report prepared, signed and sealed by a qualified
traffic engineer, undertaken in accordance with the requirements of
this chapter, analyzing the expected trip generation expected to result
from a proposed development and providing recommendations for improvements
to streets and/or traffic control devices within the site or immediately
adjacent to the boundaries of the site.
See "dwelling, two-family."
A departure from the specific regulations of Chapter 245, Zoning, of the Code of the Township of South Strabane that may be granted by the Township Zoning Hearing Board in accordance with the criteria established by the Pennsylvania Municipalities Planning Code (Act 247, as amended[9]) for a particular piece of property that, because of special circumstances applicable to it, cannot be developed in compliance with the literal terms of Chapter 245, Zoning, of the Code of the Township of South Strabane without undue physical hardship.
A stream, intermittent stream, river, creek, channel or ditch,
whether natural or man-made, which carries water, as defined by the
Pennsylvania Department of Environmental Protection (PA DEP) or Army
Corps of Engineers.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
See "lot width."
The designated official or an authorized representative appointed by the Board of Supervisors whose duty it shall be to administer and enforce this chapter and Chapter 245, Zoning, of the Code of the Township of South Strabane.
Chapter 245, Zoning, of the Code of the Township of South Strabane, enacted on June 23, 2009, as amended.
[1]
Editor's Note: Appendix II is included at the end of this
chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: Appendix III is included at the end of this
chapter.
[5]
Editor's Note: See now 65 Pa.C.S.A. § 701 et seq.
[6]
Editor's Note: See 35 P.S. § 750.1.
[8]
Editor's Note: See 63 P.S. § 153 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
