[Ord. 859, 4/6/2009]
The word "person" includes a corporation, association, partnership
or individual. The words "shall" and "will" are mandatory; the word
"may" is permissive. Words used in the present tense include the future
tense.
[Ord. 859, 4/6/2009)]
As used in this chapter, the following terms shall have the
meanings indicated, unless the context clearly indicates otherwise:
APPLICANT
A landowner or developer who has filed an application for
a subdivision or land development, including his or her 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 plan.
AS-BUILT PLAN
A plan showing the actual plan location of easements, curbs,
paving, catch basins, manholes, storm and sanitary sewers, wye-branches,
waterlines, drainage channels, guardrails and retaining walls and
the surface and flow line elevations of storm and sanitary sewers
at every catch basin and manhole. The plan must be based on actual
field measurements made during and after construction.
BUILDING
A ny covered structure that is permanently affixed to the
land; any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING LINE
A line which designates the minimum distance that a building
must be erected from a street right-of-way line. Such distance shall
be measured at right angles from the front right-of-way which abuts
the property upon which said building is located and be parallel to
said right-of-way line.
CARTWAY
That portion of the street right-of-way which is surfaced
for vehicular use.
CLEAR SIGHT TRIANGLE
A n area of unobstructed vision at street intersections,
defined by lines of sight between points at a given distance from
the intersection of street lines.
COMMON OPEN SPACE
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 and enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
COMPREHENSIVE PLAN
The community master plan created for the purposes of guiding
community development in the Township and known as the "Comprehensive
Plan of the Township of Elizabeth."
CONSOLIDATION
The combination of two or more lots, tracts or parcels of
land for the purpose of sale or lease of a building or lot. A consolidation
shall be generally referred to as a subdivision under the provisions
of this chapter.
CONSTRUCTION STANDARD DETAILS
Those standards prepared by the Township Engineer and adopted
by resolution of the Township Commission, copies of which are on file
in the office of the Township Secretary.
COUNTY
Allegheny County, Pennsylvania.
CUL-DE-SAC
A short 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, or agent of such landowner, or tenant with
the permission of such landowner, who proposes, makes, or causes to
be made a subdivision or land development.
DRIVEWAY, PRIVATE
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. All private
driveways shall consist of a hard surface and shall have a maximum
grade of no more than 15% slope.
EASEMENT
A right-of-way for utility, access or similar purposes located
outside the street right-of-way. An easement shall not be considered
to be separate and distinct from the lot or parcel burdened by the
easement for purposes of this chapter.
ENGINEER
A professional engineer licensed as such in the commonwealth.
EROSION
The natural process by which soil and rock material moves
on the earth's surface through the forces of wind and water.
FEE
The required charge established by this chapter to defray
the cost of processing an application, reviewing an application or
inspecting improvements during installation, which shall be payable
to the Township in accordance with the requirements of 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 the Allegheny
County Subdivision and Land Development Ordinance for final plat approval
and in a form acceptable for recording in the office of the Allegheny
County Department of Real Estate.
GRADE
The slope of a road, street, or other public way, specified
in percentage terms.
GRADING
Excavation or fill or any combination thereof, including
conditions resulting from such activities.
GROSS FLOOR AREA
The sum of the gross horizontal area of several floors of
a principal building or buildings located on the same lot. All dimensions
shall be measured between exterior faces of walls.
IMPROVEMENT
The construction of a new principal building or an addition
to an existing building or a change of use resulting in an increase
in the area of the lot covered by the building and/or paving for a
nonresidential use.
LAND DEVELOPMENT
A.
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
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
(b)
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.
B.
Excluded is land development which involves land development
in accordance with Section 503(1.1) of the Municipalities Planning
Code.
LAND DEVELOPMENT, MINOR
A single-family or two-family residential development that
creates not more than three lots or a nonresidential development with
5,000 square feet or less of new gross floor area.
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; and 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 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 or
she is authorized under the lease to exercise the rights of the landowner;
or other persons having a proprietary interest in the land.
LANDSCAPING
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers and shade trees.
LOT
A tract of land in a plan of subdivision or land development
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. All
lots shall front on a public street.
MAINTENANCE SECURITY
Financial security required to be posted as a condition to
the Township's acceptance of dedication of public improvements
following completion, by and in accordance with the requirements of
this chapter and the Municipalities Planning Code.
MOBILE HOME
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 permanent foundation.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
OCCUPANT
A resident or tenant on a temporary or permanent basis.
PERFORMANCE SECURITY
Financial security required to be posted as a condition to
final plat approval, by and in accordance with the requirements of
this chapter and the Municipalities Planning Code, in order to assure
completion of improvements required by this chapter.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or 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 the Township Zoning Ordinance.
PLAT
A map or plan, either preliminary or final, indicating the
subdivision, consolidation or redivision of land or a land development.
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 application.
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, for which plans and specifications
must comply with the provisions of this chapter and the Township Construction
Standard Details.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas;
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities; and
C.
Publicly owned or operated scenic historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Township
Commission or Planning Commission, intended to inform and obtain public
comment prior to taking action in accordance with this chapter.
PUBLIC IMPROVEMENTS
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers and other facilities to be dedicated to
and accepted by or maintained by the Township, for which plans and
specifications must comply with the provisions of this chapter and
the Township Construction Standard Details.
PUBLIC MEETING
A forum held pursuant to notice under the Pennsylvania Sunshine
Act, 65 Pa.C.S.A. § 701 et seq., as amended.
PUBLIC NOTICE
Notice 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 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.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied primarily as a right-of-way for vehicular travel, meeting the improvement standards of Part
3 of this chapter, the construction standards of Part
4 of this chapter, and the Township's Construction Standard Details.
SIGHT DISTANCE
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street.
SITE
The lot, tract or parcel of land upon which a project or
development will occur.
STREET
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct or any other way, whether public or private,
used or intended to be used by vehicular or pedestrian traffic.
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 providing access to
abutting lots, intercepts local streets and provides a route for carrying
considerable volumes of local traffic to community facilities and
arterial streets; streets classified as "collector" in the Township.
STREET, LOCAL
A 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 access to a public street and which
require access to a public street through the private street. (See
also "driveway, private.")
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 assembled, erected or constructed object having a stationary
location on or in land or water, whether or not it is affixed to the
land. This includes but is not limited to gazebos, storage sheds or
containers, freestanding posts, pillars and similar uses.
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, 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, or 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..
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 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.
SURVEYOR
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
TEMPORARY STRUCTURE
A building or structure intended to be used for a period
of six months or less, including but not limited to construction or
land sales trailers, tents, bleachers, air-supported structures, seasonal
displays and similar structures.
TOWNSHIP
The Township of Elizabeth, Allegheny County, Pennsylvania.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by Township Commissioners to serve
as the Engineer for the Township, or his designee.
WATERCOURSE
A channel or conveyance of surface water, having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow, including but not limited to a drainage channel, creek, drain,
river or stream.
ZONING ORDINANCE
The Township Zoning Ordinance, as amended, codified as Chapter
27 of the Code of Ordinances of the Township of Elizabeth.