Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, give explanation of the terms used
for this chapter:
A.
Words in the singular include the plural, and those in the plural
include the singular.
B.
Words used in the present tense include the future tense.
C.
The words "person" or "subdivision" and "owner" include a corporation,
unincorporated association and a partnership or other legal entity,
as well as an individual.
D.
The word "building" includes "structure" and shall be construed as
if followed by the phrase "or part thereof."
E.
The word "watercourse" includes "channel," "creek," "ditch," "dry
run," "spring" and "stream."
F.
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory.
[Amended 3-16-1999 by Ord. No. 1094]
Other terms or words used herein shall be interpreted or defined
as follows:
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.
An area bounded by existing or proposed streets.
Borough of West Mifflin, Pennsylvania.
The Borough Council of West Mifflin, Pennsylvania.
The Borough Secretary of the Borough of West Mifflin, Pennsylvania.
Any structure, or part thereof, having enclosing walls and
roofs, requiring a permanent location.
A line parallel to the lot line, a distance therefrom as
prescribed in this chapter for a required yard, and, where there is
no required yard, then the lot line.
The line nearest the front of and across a lot establishing
the minimum open space to be provided between the front line of buildings
and structures and the front lot line.
An area of unobstructed vision at intersections defined by
lines of sight between points at a distance 75 feet 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, not including
streets, off-street parking areas, and areas set aside for public
facilities.
A bond in cash or with an approved surety company guaranteeing
the satisfactory completion of the improvements to land in accordance
with this chapter.
The County of Allegheny, Commonwealth of Pennsylvania.
The Planning Commission of Allegheny County.
A publicly or privately owned right-of-way for pedestrian
use, extending from a street into a block or across a block to another
street.
An excavation; the difference in vertical elevation between
a point on the surface of original ground and a point on the final
grade; the material removed in excavation.
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
development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
An improved surface for vehicular circulation or access on
a lot or parcel of land.
A building or portion thereof with exclusive culinary and
sanitary facilities designed for occupancy by one person or one family
(household). It may be located in a dwelling or apartment hotel. A
portable or stationary trailer, shack, or similar makeshift abode
shall not be interpreted to be a dwelling unit.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose, and within which
the owner of the property shall not erect any permanent structures
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee.
A licensed professional engineer registered as such in the
Commonwealth of Pennsylvania.
The removal of surface materials by the action of natural
elements.
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 is periodically
overflowed by water therefrom.
A construction or installation of any of the following: streets,
gutters, culverts, sidewalks, storm sewers, water drainage facilities,
utilities (gas, electric, telephone services), water systems, fire
hydrants, sanitary sewers, septic tanks, street signs, streetlights,
and including cuts and/or fills.
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.
"Land development" 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 having a
remaining term of not less than 40 years, or other person having a
proprietary interest in land, shall be deemed to be a landowner for
the purposes of 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.
A metal pipe or pin of at least one-half-inch diameter and
at least 24 inches in length.
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 have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
A stone or concrete monument with a flat top at least four
inches in diameter or square, containing a copper or brass dowel (plug),
and at least 24 inches in length. The bottom, sides or radius should
be at least two inches greater than the top, to minimize movements
caused by frost.
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 complete and exact map or plan of a subdivision or land
development (and including all required supplementary data), prepared
for official recording as required by statute, to define property
rights and proposed streets and other improvements.
That element of the Official Plan, as adopted, which shall
show the general location, alignment, and dimensions and the identification
and classification of existing and proposed streets, highways, and
other thoroughfares.
The duly authorized planning agency of the Borough of West
Mifflin, whether a planning commission, a planning department headed
by a director of planning, or both, or a committee of Council in lieu
thereof, as authorized and designated by Council and assigned to exercise
the powers and duties conferred by the Pennsylvania Municipalities
Planning Code.[2]
The long-range Comprehensive Plan for the Steel Valley District
and/or Comprehensive Development Plan (Master Plan) and/or future
land use plan and/or ultimate right-of-way plan and/or Official Map
or other such plans and ordinances, or portions thereof, as may be
adopted, pursuant to statute, for the area of the Borough in which
the subdivision or land development will be located.
The copy of the final plan which contains the required original
endorsement and which is intended to be recorded with the County Recorder
of Deeds.
A tentative map or plan of a subdivision or land development
(and including all required supplementary data), in lesser detail
than a final plan, showing approximate proposed street and lot layout
as a basis for consideration prior to preparation of a final plan.
Said plan shall be prepared by an engineer, architect, landscape architect
or surveyor registered in the Commonwealth of Pennsylvania.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, 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," 65 P.S. § 271
et seq.[3]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. 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.
Any replatting or resubdivision of land, limited to changes
in lot lines on approved final plans or recorded plans as specified
in this chapter. Other replattings shall be considered as constituting
a new subdivision of land.
The surface water discharge or rate of discharge of a given
area or watershed after a fall of rain or snow that does not enter
the soil but runs off the surface of the land.
A sanitary sewage collection system, managed and operated
by a public authority, in which sewage is carried from individual
lots by a system of pipes to a temporary central treatment and disposal
plant generally serving a neighborhood area.
Any structure designed to biochemically treat sanitary sewage
within the boundaries of an individual lot or tract of lots.
A sanitary sewage collection system, managed and operated
by a public authority, in which sewage is carried from individual
lots by a system of pipes to a central treatment and disposal plant.
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 considered sediment.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
The following definitions apply to private as well as public
thoroughfares and shall all be developed and paved according to West
Mifflin Borough's standards for construction:
STREETIncludes a street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
ALLEYA minor way which is used primarily for vehicular service access to the back on the side of properties otherwise abutting on a street.
ARTERIAL STREET or MAJOR THOROUGHFARE or MAJOR STREETA principal or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
COLLECTOR STREETA street which carries traffic from minor streets to arterial or major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
CUL-DE-SAC or DEAD-END STREETA minor street with only one outlet. A cul-de-sac shall be measured from its intersection with a through street to the center of turnaround at the opposite end.
MARGINAL ACCESS STREETA minor street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
MINOR STREETA street used primarily for access to the abutting properties.
STREET WIDTHThe shortest distance between the lines delineating the right-of-way of a street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
See "developer."
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, 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.
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
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 man-made depression to direct and control surface water
runoff.
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water, whether natural or man-made.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June
19, 2001, P.L. 287, No. 22). See now the Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: Said Act was repealed 10-15-1998 by P.L. 729,
No. 93. See now 65 Pa.C.S.A. § 701 et seq.
