For the purpose of this chapter, the following terms shall have the meanings indicated, unless otherwise specifically stated. Words not defined herein shall be observed and applied according to their generally accepted dictionary definitions.
ACCESSORY USE OR STRUCTUREA 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 sheds 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.
[Added 4-10-2012 by Ord. No. 434]
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
[Added 4-10-2012 by Ord. No. 434]
Any 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 development plan.
[Added 4-10-2012 by Ord. No. 434]
An area bounded by streets, utility, railroad, public facility or other rights-of-way or easements or other definite barriers.
BOROUGH COUNCILBorough Council of the Borough of Economy, Beaver County, Pennsylvania.
[Added 4-10-2012 by Ord. No. 434]
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by Borough Council to serve as the engineer for the Borough.
[Added 4-10-2012 by Ord. No. 434]
The Borough Secretary of the Borough of Economy, Beaver County, Pennsylvania.
[Added 4-10-2012 by Ord. No. 434]
The line of that face of the building nearest the front line of the lot at the street right-of-way line.
BUILDING or STRUCTUREAn independent and detached structure having a roof supported by columns or walls or resting on its own foundation, including but not limited to principal structures, mobile homes, garages, greenhouses and other accessory buildings.
CARTWAY (not right-of-way)That portion of the total street right-of-way surfaced or otherwise prepared or meant for vehicular use. Width is determined from face of curb to face of curb or from one edge of driving surface to the other edge of driving surface.
CLEAR SIGHT TRIANGLEAn 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 B.)
[Added 4-10-2012 by Ord. No. 434]
The Economy Borough Planning Commission as duly appointed by the local governing body.
COMPREHENSIVE PLANThe Comprehensive Plan of the Borough that guides physical development of the Borough and that consists of maps, charts and textual matter in accordance with the provisions of the Pennsylvania Municipalities Planning Code.
[Added 4-10-2012 by Ord. No. 434]
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.
[Added 4-10-2012 by Ord. No. 434]
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.
[Added 4-10-2012 by Ord. No. 434]
A document entitled "Construction Standards of the Borough of Economy" prepared by the Borough Engineer, adopted and amended from time to time by resolution of Borough Council upon recommendation of the Borough Engineer, copies of which are on file in the office of the Borough Secretary or his/her authorized designee and are available for sale to residents or other interested parties.
[Added 4-10-2012 by Ord. No. 434]
See "lot, corner."
[Added 4-10-2012 by Ord. No. 434]
County of Beaver, Pennsylvania.
[Added 4-10-2012 by Ord. No. 434]
An obligation defined by law or agreement, the violation of which can be restrained by court action; these are usually stated in the deed. Private "covenants" are not legally enforceable by the Borough.
CUL-DE-SACA street open to traffic and pedestrian access, with one end permanently terminated by a vehicular turnaround.
DEVELOPERAny person, individual, firm, partnership, association, corporation, estate trust or any other group acting as a unit who or which makes or causes to be made a subdivision of land or a land development.
DRIVEWAY, COMMON PRIVATEA 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.
[Added 4-10-2012 by Ord. No. 434]
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.
[Added 4-10-2012 by Ord. No. 434]
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.
[Added 4-10-2012 by Ord. No. 434]
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, fourplexes, townhouses and garden apartments.
[Added 4-10-2012 by Ord. No. 434]
A residential building containing one dwelling unit that is the only principal structure on the lot, surrounded on all sides by open space.
[Added 4-10-2012 by Ord. No. 434]
A residential building 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, including double houses, duplexes and carriage homes.
[Added 4-10-2012 by Ord. No. 434]
A grant by a property owner for the use of land, which is given to persons, corporations or the public for purposes such as access, utility placement or similar activities.
FAMILY[Added 4-10-2012 by Ord. No. 434]
A. 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 eight persons living together in a group living arrangement with supervision, provided that the group living arrangement meets all of the following criteria:
(1) It provides nonrouting support services, including supervision, personal care, social or counseling services, and transportation, to persons who need such assistance in order to use and enjoy a dwelling or to avoid being placed within an institution, because of physical disability, old age, mental retardation, or other handicap or disability as defined by the Fair Housing Amendments Act or the Americans with Disabilities Act;
It provides for the joint occupancy of a dwelling unit where the residents maintain a common household and practice, on a permanent or long-term basis, a joint economic, social and cultural life.
It does not involve the housing of persons on a transient basis;
It does not involve the housing or treatment of persons accepted for residence in the group living arrangement on the basis of their status as criminal offenders, juvenile offenders or delinquents, or who would otherwise qualify for residence by virtue of having been found by any governmental tribunal, court or agency to be a danger to society or are on release or under the jurisdiction of the criminal justice system, a government bureau of corrections or similar institution.
Family shall not include persons living together in a group care facility, personal care boarding home or transitional dwelling, as defined in the Borough Zoning Ordinance, or any other supervised group living arrangement for persons not protected by the Fair Housing Act or for any persons who constitute a direct threat to others or their physical property.
FEEThe required charge, payable to the Borough, established from time to time by Resolution of Borough Council, collected to defray the costs of processing an application, reviewing an application or inspecting the installation of public improvements pursuant to this chapter.
[Added 4-10-2012 by Ord. No. 434]
The written and graphic materials specified by this chapter to be submitted to the Borough in order to obtain final approval of a proposed subdivision or land development plan.
[Added 4-10-2012 by Ord. No. 434]
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 Beaver for final plat approval and in a form acceptable for recording in the office of the Beaver County Recorder of Deeds.
[Added 4-10-2012 by Ord. No. 434]
A lot that does not have the minimum required lot width at the public or private street frontage and which has a strip of land that is narrower than the minimum required for width, which strip serves as an access corridor to the buildable area of the lot which meets the lot width requirement at the building line and which is located behind another lot that fronts on a 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 existing lot is the "flag." (See Illustration in Appendix A.)
[Added 4-8-2003 by Ord. No. 386]
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.
FRONT BUILDING LINEA line parallel to or concentric with the front lot line, the minimum measurement of which is the front yard depth required by the Borough Zoning Ordinance.
[Added 4-10-2012 by Ord. No. 434]
See "yard, front."
[Added 4-10-2012 by Ord. No. 434]
The duly elected Borough Council of the Borough of Economy, Beaver County, Pennsylvania.
GROSS ACREAGEThe entire land area of a tract, as distinguished from net acreage.
HALF STREETA strip of land equal to or less than 1/2 of the required rights-of-way reserved or proposed for street purposes along the property line. "Half streets" are prohibited except to complete another "half street".
IMPROVEMENTSThose physical changes to the land necessary to produce usable and desirable lots from raw acreage, including but not limited to grading, paving, curbs, gutters, storm sewers and drains, improvements to existing watercourses, sidewalks, crosswalks, street signs, monuments, water supply facilities, sewage disposal facilities and stormwater control facilities.
IMPROVEMENTS, PRIVATEAll 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 for which plans and specifications must comply with the construction standards of the Borough.
[Added 4-10-2012 by Ord. No. 434]
All grading, paving, curbs, streets, walkways, gutters, stormwater management facilities, water distribution facilities, sanitary sewerage collection facilities and other facilities to be dedicated to or maintained by the Borough for which plans and specifications must comply with the construction standards of the Borough.
[Added 4-10-2012 by Ord. No. 434]
The Borough Engineer or any other authorized representative assigned by Borough Council 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.
[Added 4-10-2012 by Ord. No. 434]
See "lot, interior."
[Added 4-10-2012 by Ord. No. 434]
Any of the following activities:
[Added 4-10-2012 by Ord. No. 434]
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; 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.
LAND DEVELOPMENT PLANA 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.
[Added 4-10-2012 by Ord. No. 434]
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 Borough Engineer.
[Added 4-10-2012 by Ord. No. 434]
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 persons having a proprietary interest in land.
LOCAL STREETSee "street, local."
[Added 4-10-2012 by Ord. No. 434]
A tract or parcel of land designated for the conveyance or transfer of ownership, improvement or sale, whether immediate or future.
LOT AREAThe total area within the lot lines, excluding the area within a street right-of-way.
[Added 4-10-2012 by Ord. No. 434]
A lot at the intersection of, and fronting on, two or more street rights-of-way.
[Amended 4-10-2012 by Ord. No. 434]
The mean horizontal distance between the front lot line and the rear lot line.
LOT, DOUBLE FRONTAGEA lot that has access to a public right-of-way from both the front yard and backyard. "Double frontage lots" may be permitted only as a variance due to unnecessary hardship or unique physical circumstances that are not created by an appellant.
LOT, INTERIORA lot, other than a corner lot or a double frontage lot, having frontage on only one street other than an alley.
[Added 4-10-2012 by Ord. No. 434]
Any lot that individually, or as part of a subdivision, has been recorded in the office of the Recorder of Deeds of Beaver County.
[Added 4-10-2012 by Ord. No. 434]
A lot abutting a public right-of-way along both the front and rear yards, having access to only one of the public rights-of-way.
LOT WIDTHThe total horizontal distance across the lot between the side lot lines, measured at the building line.
MAINTENANCE BONDSurety, in a form acceptable to the Borough, 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 Borough Solicitor which guarantees the repair or maintenance of the public improvements required by this chapter for a specified period after their completion and acceptance by the Borough.
[Added 4-10-2012 by Ord. No. 434]
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.
[Added 4-10-2012 by Ord. No. 434]
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.
[Amended 4-10-2012 by Ord. No. 434]
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.
[Amended 4-10-2012 by Ord. No. 434]
A parcel or contiguous parcels of land which has been so designed and improved that it contains two or more mobile home lots for the placement thereon of mobile homes, as controlled by Chapter
119 of the Borough Code, Mobile Home Parks, governing mobile home parks.
[Amended 4-10-2012 by Ord. No. 434]
Relief granted by Borough Council, upon recommendation by the Planning Commission and the Borough Engineer, when an equal or better specification is available to meet the Borough design or construction standards or, in a particular case, when by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would result in undue physical hardship.
[Added 4-10-2012 by Ord. No. 434]
The Borough of Economy, Beaver County, Pennsylvania.
NET ACREAGEThe total acreage of a development site minus the areas utilized for accessways, on-grade utilities and facilities, lakes, ponds or similar water surfaces and parking facilities.
OFF-SITE SEWER SERVICEA sanitary sewage collection system in which sewage is carried from an individual lot or dwelling unit by a system of pipes to a central treatment and disposal plant, which may be publicly or privately owned and operated.
OFF-SITE WATER SERVICEA potable water distribution system in which water is carried to individual lots or dwelling units by a system of pipes from a central water source, located beyond the limits of the lot being served, which may be publicly or privately owned and operated.
ON-SITE SEWER SERVICEA system of piping tanks, or other facilities serving only a single lot and disposing of sewage in whole or in part into the soil.
ON-SITE WATER SERVICEA single system of piping, tanks or other facilities serving only a single lot and obtaining the water either in whole or in part from a primary source located within the limits of the lot being served.
OPEN SPACEAn unoccupied and undeveloped space open to the sky.
PARCELSee "lot."
[Added 4-10-2012 by Ord. No. 434]
For purposes of this chapter, off-street parking and loading areas shall be defined as follows:
A. An off-street parking space shall be a minimum dimension of nine feet wide by 20 feet long.
A required off-street loading space shall be a minimum dimension of 14 feet wide by 60 feet long.
PATIOAn outside surfaced courtyard or inner area having no roof.
PEDESTRIAN WALKWAYAn area, other than a sidewalk, reserved by easement for pedestrian circulation across private property which is improved with a dust-free, all-weather surface.
[Added 4-10-2012 by Ord. No. 434]
Surety, in a form acceptable to the Borough, 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 Borough Solicitor which guarantees the satisfactory completion of the public and private improvements required by this chapter.
[Added 4-10-2012 by Ord. No. 434]
A complete and exact subdivision plan, prepared by a registered land surveyor for official recording as required by statute, to delineate boundaries, define property rights, proposed streets and all other improvements.
PLAN, PRELIMINARYA tentative subdivision plan of an entire tract, prepared by a registered professional engineer, land surveyor or landscape architect, showing approximate street and lot layout as a basis for consideration and review prior to preparation of a final plan.
PLATA map or plan, either preliminary or final, indicating the subdivision, replatting or consolidation of land or a land development.
[Added 4-10-2012 by Ord. No. 434]
Persons who provide expert or professional advice, including, but not limited to, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.
[Added 4-10-2012 by Ord. No. 434]
A formal meeting held pursuant to public notice by the Borough Council, Planning Commission or Zoning Hearing Board intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
[Added 4-10-2012 by Ord. No. 434]
A forum held pursuant to notice under the Act of July 3, 1986 (P. L. 388, No. 84), known as the "Sunshine Act."
[Added 4-10-2012 by Ord. No. 434]
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 be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
[Added 4-10-2012 by Ord. No. 434]
Includes gas, electric, telephone, sewerage, water and communication cable services.
REAR YARDSee "yard, rear."
[Added 4-10-2012 by Ord. No. 434]
See "resubdivision or replatting."
[Added 4-10-2012 by Ord. No. 434]
The modification of a recorded subdivision, in whole or in part, by a redesign of lots, size, area or street layout. Such action requires subdivision approval.
RIGHT-OF-WAYLand reserved for use as a street, interior walk or other public purpose and dedicated for public use; all must be recorded in the County Recorder of Deeds office. For purposes of this chapter, public right-of-way lines shall prevail over private parcel lines that are designated as falling within the public "right-of-way." When a lot abuts a "right-of-way" of a public thoroughfare, all applicable lot area and front, side and rear lot requirements shall be computed from the public right-of-way line.
SETBACKThe minimum distance that a structure can be located from a right-of-way or property line or another structure, thereby creating a required open space on a lot.
SEWAGE ENFORCEMENT OFFICERThe designated official of the Borough who issues and reviews on-site sewage permit applications and conducts such investigations and inspections as are necessary to implement the Pennsylvania Sewage Facilities Act, as amended, and the rules and regulations thereunder.
SIDE YARDSee "yard, side."
[Added 4-10-2012 by Ord. No. 434]
The maximum unobstructed vision along a street from a vehicle located at a given point on a street.
[Added 4-10-2012 by Ord. No. 434]
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.
[Added 4-10-2012 by Ord. No. 434]
A plan to control the increase and concentration of runoff of stormwater caused by land development or predeveloped conditions.
STREET, ARTERIALA public street which serves large volumes of local and through traffic and which collects and distributes traffic from collector streets through the region.
[Added 4-10-2012 by Ord. No. 434]
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.
[Added 4-10-2012 by Ord. No. 434]
A public street, other than an arterial or collector street, designed to provide access to abutting lots and to discourage through traffic.
[Added 4-10-2012 by Ord. No. 434]
The procedure applied to new or existing streets or streets under construction, including but not limited to resurfacing, regrading, drainage improvement, pothole repair, dust prevention practices and snow removal.
STREET, PRIVATEA 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 access to a public street and which require access to a public street through the private street.
[Added 4-10-2012 by Ord. No. 434]
The owner or authorized agent of the owner of the subdivision.
SUBDIVISIONThe 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 division 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, MAJORA subdivision containing four or more lots or a subdivision of any number of lots that involves the construction or extension of a public street or the construction or extension of any other public improvements, including, but not limited to, storm sewers or sanitary sewers.
[Added 4-10-2012 by Ord. No. 434]
A subdivision, consolidation or replatting, as defined herein, that creates no more than three lots, including the residual lot or parcel, if any, both of which have frontage on an improved public street, and not involving the construction or extension or creation of a public street or any other public improvements, as defined herein, and which does not adversely affect the future development of the remainder of the parcel or any adjoining property.
[Added 4-10-2012 by Ord. No. 434]
A registered, professional land survey or licensed as such by the Commonwealth of Pennsylvania.
[Added 4-10-2012 by Ord. No. 434]
A map showing ground elevations by contour lines and the location of important natural, man-made and other features.
TRAFFIC CIRCULATION MITIGATION ACTION PLANA plan prepared as part of the traffic study required by this chapter that proposes recommendations for moderating negative impacts and maximizing positive impacts of the expected trip generation from a proposed development.
[Added 4-10-2012 by Ord. No. 434]
An analysis prepared, signed and sealed by a qualified traffic engineer, in accordance with the technical requirements specified in this chapter, calculating the expected trip generation from a proposed development using the current manuals of the Institute of Transportation Engineers (ITE) for methodology and trip generation ratios and analyzing the impact of the traffic generated by the proposed development on the capacities and levels of service of all streets and intersections in the vicinity of the site.
[Added 4-10-2012 by Ord. No. 434]
The purpose or activity for which the land or building is designed, arranged or intended or for which it is occupied or maintained.
WATERCOURSEA stream, intermittent stream, river, creek, channel or ditch, whether natural or man-made, which carries water.
[Added 4-10-2012 by Ord. No. 434]
A yard extending between the side lot lines across the full lot width from the front lot line to a line parallel to, or concentric with, the front lot line known as the "front building line," the minimum horizontal distance required by the Zoning Ordinance.
[Amended 4-10-2012 by Ord. No. 434]
A yard extending between the side lot lines parallel to the rear lot line and being the minimum horizontal distance from the rear lot line required by the Zoning Ordinance.
[Added 4-10-2012 by Ord. No. 434]
A yard extending from the required front building line to the rear lot line parallel to the side lot line, the minimum horizontal distance from the side lot line required by the Zoning Ordinance.
[Amended 4-10-2012 by Ord. No. 434]
The Zoning Ordinance of the Borough of Economy, Ordinance No. 417, adopted March 25, 2008, as now or hereafter amended.
[Added 4-10-2012 by Ord. No. 434]