For the purpose of this chapter, certain words used in this chapter are defined below. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word "shall" is mandatory and not permissive. All other words, except for those words defined in the Chapter 280, Zoning, of the Code of the Borough of Waterford, shall have their normal meaning as defined in the most recent printing of the Webster's Third New International Dictionary of the English Language, Unabridged.
As used in this chapter, the following terms shall have the
meanings indicated:
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns. (Planning Code)
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to 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 development plan. (Planning Code)
An area bounded by streets.
Waterford Borough, Erie County, Pennsylvania.
The duly elected governing body of the Borough.
An imaginary line fixed by the required yard depth measured
from the property line to the nearest point that a building may be
constructed to the front, side and rear yards.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
if street lines and the sight 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, not including
streets, off-street parking areas, and areas set aside for public
facilities. (Planning Code)
The Erie County Department of Planning, Erie County, Pennsylvania.
Final adjudication of the Borough Council to do so, either
by reason of the grant of exclusive jurisdiction or by reason of appeals
from determinations. All decisions shall be appealable to the Erie
County Court of Common Pleas in Erie County, Pennsylvania. (Planning
Code)
Final action by the Planning Commission charged with the
administration of this chapter or applications thereunder. (Planning
Code)
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. (Planning Code)
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 or
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" shall mean the written and graphic materials
referred to in this definition. (Planning Code)
A right granted to use certain private land for a utility
or physical access which is not inconsistent with the general property
rights of the owner.
A professional engineer licensed as such in Pennsylvania,
duly appointed as the Municipal Engineer of Waterford Borough.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots, such as grading,
water mains, sanitary sewers, storm sewers and drains, street shade
trees, street signs and monuments, street paving and lights, and curbs
and sidewalks.
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. (Planning Code)
Certain land development is excluded from the definition of
land development only when such land development 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 buildings, 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.
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. (Planning Code)
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. (Planning Code)
A lot having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
The area of a lot computed exclusive of any portion of any
street right-of-way.
Any lot which individually or as part of a subdivision has
been recorded in the office of the Recorder of Deeds in Erie County.
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.
(Planning Code)
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. (Planning Code)
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. (Planning Code)
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 professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Borough. (Planning
Code)
A complete and exact subdivision plan prepared for official recording as required by Article VI.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or the combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance. (Planning Code)
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended and/or reenacted.[2]
The duly appointed (by Borough Council) planning agency of
the Borough.
A tentative subdivision plan showing existing features of land and proposed street and lot layout within and adjacent to a subdivision as required in Article VI.
A freehand sketch showing the contemplated development of
the subdivision and its relationship to adjacent land.
The map or plan of a subdivision or land development, whether
preliminary or final. (Planning Code)
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. (Planning Code)
Land dedicated for use as a public street, alley or crosswalk,
which may also be used by: sewer, water, storm sewer, sidewalk, electric,
gas, telephone and cable systems, shade trees, and parking.
A professional attorney licensed as such in Pennsylvania,
duly appointed (by Borough Council) as the municipal counsel of the
Borough.
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. (Planning Code) The streets are classified by function as
follows:
LOCAL STREETA street used as the principal means of access to adjacent properties serving only a comparatively small number of businesses or dwellings.
COLLECTOR ROADA street connecting local streets to each other, to community facilities, and to arterial highways serving district centers or neighborhood traffic.
ARTERIAL HIGHWAYA street connecting district centers, servicing large volumes of through traffic, preferably located outside or bounding the residential neighborhoods.
Others.
ALLEYA small street serving as a secondary means of access to two or more properties.
CUL-DE-SACA street with one end open for public vehicles and pedestrian access and the other end terminating in a vehicular turnaround. Culs-de-sac shall only be permitted in industrial development.
CROSSWALKA right-of-way which cuts across a block to furnish access for pedestrians to adjacent streets or properties.
MARGINAL ACCESS STREETA street parallel and adjacent to an arterial highway providing direct access to abutting properties and controlled access with the arterial highway.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. (Planning
Code)
A person who is the registered owner, or authorized agent
of the registered owner, of land to be subdivided.
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, 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 residential
dwelling, shall be exempted.
The term "subdivision" includes any land development of a parcel
of land, for example, as a shopping center, an industrial park, or
a planned residential development, which involves installation of
streets and/or alleys, even though the streets and alleys may not
be dedicated immediately to public use and the parcel may not be divided
immediately for purpose of conveyance, transfer or sale.
A subdivision containing more than five lots requiring the
submission by the subdivider and approval by the Borough Council (either
conditional or final) of preliminary and final subdivision plans,
and any subdivision involving a new street, alley or crosswalk right-of-way.
A subdivision containing five lots or less served by an existing
public street wherein the Borough Council may waive the requirements
of submitting a preliminary subdivision plan, provided the final subdivision
plan meets all the requirements of this chapter.
Where, in the judgment of the 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. (Planning Code)
