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 meaning
specified for the purpose of interpreting this chapter:
ACCESSORY BUILDING
An attached building located on the same lot with a principal
building housing an accessory use to the principal building, including,
but not limited to, private garages, storage sheds and the like.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use.
AMENITIES BOND
Surety, in a form acceptable to the Township, in the form
of cash, a certified check, a letter of credit or a corporate performance
guarantee from a Pennsylvania licensed surety company that guarantees
the satisfactory completion of those private improvements in a subdivision
or land development plan that are required by this chapter or are
voluntarily proposed by the developer.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for a subdivision or land development, including
his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
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.
BLOCK
A tract of land bounded by streets, public lands, railroad
rights-of-way, waterways or municipal boundary lines.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Upper Burrell,
Westmoreland County, Pennsylvania.
CARTWAY
That portion of the street right-of-way that is surfaced
for vehicular use, excluding shoulders and curbs.
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 center lines of streets. (See illustration in Appendix II.)
CODE ENFORCEMENT OFFICER
The designated official or an authorized representative appointed by the Board of Supervisors whose duty it shall be to administer and enforce this chapter, Chapter
350, Zoning, and such other ordinances as the Board of Supervisors ordains.
COMPREHENSIVE PLAN
The Comprehensive Plan of the Township that guides the physical
development of the Township and that consists of maps, charts and
textual matter in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.
CONDOMINIUM
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.
CONSOLIDATION
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.
COOPERATIVE
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.
COUNTY
County of Westmoreland, Pennsylvania.
CROSSWALK
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.
CUL-DE-SAC
A street having one end open to traffic and being permanently
terminated by a vehicle turnaround, including a court or dead-end
street.
DEVELOPER
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.
DRIVEWAY, COMMON PRIVATE
A vehicular access route serving two or more residential
lots or parcels or two or more businesses on a single lot that provides
access to a public street.
DRIVEWAY, INDIVIDUAL PRIVATE
A vehicular access route serving only one parcel or lot that
provides access to a public street, but that does not provide access
to any other lot or parcel under separate ownership.
DWELLING, MULTIFAMILY
A residential building or portion thereof containing three
or more dwelling units, including triplexes, fourplexes, townhouses
and garden apartments.
DWELLING, SINGLE-FAMILY
A detached residential building containing one dwelling unit
that is the only principal building on the lot, except in the case
of condominiums.
DWELLING, TWO-FAMILY
A detached residential building containing two independent
dwelling units, each having a separate entrance.
DWELLING UNIT
One or more rooms that are designed as living quarters for
one family and having permanent facilities for sleeping, cooking and
eating, as well as sanitary facilities.
EASEMENT
A grant of one or more of the property rights by the property
owner to and for the use by the public, a corporation or any other
person within which no permanent structure may be erected, the use
of which shall not be inconsistent with the rights of the grantee.
ENGINEER
A professional engineer licensed as such in 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.
EVIDENCE OF PROPRIETARY INTEREST
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.
FAMILY
One or more persons related by blood, marriage, adoption
or foster placement, including not more than two boarders, roomers
or lodgers and any domestic servants; or a group of not more than
three unrelated persons living together in a dwelling unit and maintaining
a common household or any number of persons protected by the provisions
of the Fair Housing Act (42 U.S.C. § 3601 et seq., as now
or hereafter amended), living together in a group living arrangement
with supervision.
FEE
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.
FINAL APPLICATION
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.
FINAL PLAT
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 Westmoreland
for final plat approval and in a form acceptable for recording in
the Office of the Westmoreland County Recorder of Deeds.
FLAG 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
as an access corridor to the buildable area of the lot which 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 illustration in Appendix III.)
FRONT BUILDING LINE
A line parallel to, or concentric with, the front lot line at a distance therefrom which is equal to the depth of the front yard required by Chapter
350, Zoning, for the zoning district in which the lot is located.
INSPECTOR
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.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively;
(2)
A single nonresidential building on a lot or lots, regardless
of the number of occupants or tenure, including any change of use
or building alteration; or
(3)
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.
C.
Developments authorized to be excluded from the regulations of land development by §
292-9 of this chapter.
LAND DEVELOPMENT PLAN
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; streets, ways and parking facilities; common open
space and public facilities. The land development plan shall include
all of the written and graphic information required by this chapter.
LANDOWNER
The legal, beneficial or equitable 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 the land.
LANDSLIDE-PRONE AREA
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 U.S. Geological Survey
or the Upper Burrell Township Engineer.
LOT
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.
LOT AREA
That area measured on a horizontal plane bounded by the front,
side and rear lot lines, excluding any portion of the lot within a
street right-of-way.
LOT, CORNER
A lot at the intersection of, and fronting on, two or more
streets or vehicular rights-of-way.
LOT, DEPTH
The mean horizontal distance between the front lot line and
the rear lot line.
LOT, DOUBLE FRONTAGE
A lot, other than a corner lot, having two or more of its
nonadjoining property lines abutting a street or streets, usually
having front and rear street frontage.
LOT OF RECORD
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
Westmoreland County.
LOT WIDTH
The straight line distance between the points of intersection
of the front building line with the side lot lines.
MAINTENANCE BOND
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.
MEDIATION
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.
OFFICIAL DATE OF FILING
The date of the regular meeting of the Planning Commission
following the date that the application is filed.
ORDINANCE
All references to "ordinance" or "this chapter" refer to
the Township of Upper Burrell Subdivision and Land Development Ordinance.
PEDESTRIAN WALKWAY
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.
PENNDOT FORM 408
Standard specifications for construction developed by the
Pennsylvania Department of Transportation or any other such form subsequently
developed by PennDOT or its successor agency which serves that purpose.
PERFORMANCE GUARANTEE
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.
PLAT
A map or plan, either preliminary or final, indicating the
subdivision or consolidation of land or a land development.
POSITIVE DRAINAGE
Drainage of stormwater or underground water away from any
improvement to prevent damage to life and property and to minimize
disruption of land use.
PRELIMINARY APPLICATION
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.
PRELIMINARY PLAT
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.
PRINCIPAL BUILDING
The building or buildings on a lot in which the principal
use or uses are conducted.
PRINCIPAL USE
The primary or predominant use of any lot or structure.
PRIVATE IMPROVEMENTS
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers and other facilities to be owned, maintained
or operated by a private entity such as an individual, corporation
or homeowners' association.
PROFESSIONAL CONSULTANTS
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.
PUBLIC HEARING
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.
PUBLIC IMPROVEMENTS
All grading, paving, curbs, streets, walkways, gutters, stormwater
management facilities, 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.
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 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.
RIGHT-OF-WAY
An easement or an area of land reserved or dedicated for
public purposes to provide access across private property.
SIGHT DISTANCE
The maximum unobstructed vision along a street from a vehicle
located at a given point on a street.
SLOPE
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.
STREET
All land between right-of-way lines, whether public or private,
and whether improved or unimproved, which is intended to accommodate
vehicular traffic, including an avenue, drive, boulevard, highway,
throughway, thoroughfare, parkway, freeway, road, lane, place or other
vehicular way.
STREET, ARTERIAL
A public street which serves large volumes of local and through
traffic and which collects and distributes traffic from collector
streets through the region.
STREET, COLLECTOR
A public street which, 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.
STREET, LOCAL
A public street, other than an arterial or collector street,
designed to provide access to abutting lots and to discourage through
traffic.
STREET, PRIVATE
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 frontage on a public street and
which require access to a public street through the private street.
STREET, PUBLIC
A street, including the entire public right-of-way, which
has been dedicated to and accepted by the Township or which has been
devoted to public use by legal mapping, use or other means.
STREET, SERVICE
A short street or alley, whether public or private, designed
only to provide secondary access to a structure or group of structures
or to parking and loading facilities accessory to the structures and
which is not intended for general traffic circulation.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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 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.
SUBDIVISION, MAJOR
Any subdivision containing four or more lots or any subdivision,
containing less than four lots, that proposes the dedication and/or
construction of any public street or private street or the extension
or construction of any other public improvements, including but not
limited to storm sewers or sanitary sewers.
SUBDIVISION, MINOR
A subdivision containing no more than three lots, proposed
for single-family dwellings, all of which have frontage on an improved
public street, and not involving any new street or road or the extension
or creation of any municipal facilities or public improvements and
which does not adversely affect the future development of the remainder
of the parcel or any adjoining property.
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) 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.
SURVEY
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.
SURVEYOR
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
TOWNSHIP
The Township of Upper Burrell, Westmoreland County, Pennsylvania.
TOWNSHIP CONSTRUCTION STANDARDS
A document entitled "Township of Upper Burrell 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 Secretary or his/her authorized designee.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by the Board of Supervisors to serve
as the engineer for the Township.
TOWNSHIP SOLICITOR
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 Westmoreland 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.).
WATERCOURSE
A stream, intermittent stream, river, creek, channel or ditch,
whether natural or man-made, which carries water.
ZONING OFFICER
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
350, Zoning.
ZONING ORDINANCE
The Upper Burrell Township Zoning Ordinance enacted on September
29, 1970, as amended.