Words in the singular include the plural and words in the plural
include the singular. The word "person" includes a corporation, unincorporated,
associated and a partnership as well as an individual. The word "building"
includes "structure" and shall be construed as if followed by the
words "or part thereof." The word "street" includes "road," "highway,"
and "land"; and "watercourse" includes "drain," "ditch" and "stream."
The words "shall" or "will" are mandatory, and the word "may" is permissive.
Unless otherwise expressly stated, the following terms shall,
for the purpose of these regulations, have the meanings indicated:
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary 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 land development plan.
An area bounded by streets.
The line within the property defining the required minimum
distance between any structure and the adjacent street right-of-way.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street lines and the sight lines.
The word "Commission" or the words "Planning Commission"
or "Borough Planning Commission" shall mean the North East Borough
Planning Commission.
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 the planned residential development,
not including streets, off-street parking areas and areas set aside
for public facilities.
The Erie County Department of Planning.
A right-of-way, municipally or privately owned, at least
12 feet in width, which cuts across a block to furnish access for
pedestrians to adjacent streets or properties.
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 of a planned residential development, including 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 the development plan" shall
mean the written and graphic materials referred to in this definition.
A right granted to use certain land for a special purpose
not inconsistent with the general property rights of the owner.
A professional engineer licensed as such in Pennsylvania,
duly appointed as the Borough Engineer of North East Borough.
Borough Council of North East Borough, Erie County, Pennsylvania.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots. (Grading, water
mains, sanitary sewers, storm sewers and drains, street shade trees,
street signs and monuments, street paving and lights, and curbs and
sidewalks).
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 if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land, shall be deemed
to be a landowner.
A parcel of land intended for transfer or ownership or building
development, that is presently occupied or capable of being occupied
by one principal building or use and by those buildings or uses accessory
to the principal building or uses.
The area contained within the property lines of the individual
parcels of land as shown on the subdivision plan, excluding space
within any street, but including the area of any easement.
A lot, having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
The North East Borough portion of the North East Regional
Comprehensive Plan update which is the comprehensive general plan,
or any of its parts, for the future growth, protection and development
of the Borough of North East.
North East Borough, Erie County, Pennsylvania.
The Pennsylvania Municipalities Planning Code (Act 247 of
July 31, 1968) and amendments thereto which are from time to time
adopted.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A complete and exact subdivision plan prepared for official recording as required by Article VI.
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.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district created, from time to time, under
the provisions of a municipal zoning ordinance.[2]
The map or plan of a subdivision or land development, whether
preliminary or final.
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.
Land dedicated for use as a public street, alley or crosswalk.
A general term used to describe a right-of-way, municipally
or privately owned, serving as a means of vehicular and pedestrian
movement and access to adjacent properties, furnishing space for sewers,
public utilities, and shade trees. 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 dwellings.
COLLECTOR STREETA street or road connecting local streets to each other, to community facilities, and to primary or major thoroughfares, serving only the neighborhood traffic.
PRIMARY OR MAJOR THOROUGHFARESA street connecting district centers, servicing large volumes of through, fast traffic, preferably located outside or bounding the residential neighborhoods.
Others:
ALLEY (or SERVICE DRIVE)A strip of land over which there is a right-of-way, municipally or privately owned, serving as a secondary means of access to two or more properties.
CUL-DE-SACA residential street with one end open for public vehicles and pedestrian access and the other end terminating in a vehicular turnaround.
HALF STREETOne-half of a street right-of-way and paving, usually with its center line located on a property line.
MARGINAL ACCESS STREETA street parallel and adjacent to primary or major thoroughfares providing access to abutting properties and control of intersections with major thoroughfares.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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, 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.
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 right-of-way.
A subdivision containing five lots or less served by an existing
public street wherein the governing body 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 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.
