As used in this chapter, the following terms shall have the meanings indicated:
ADT (AVERAGE DAILY TRAFFIC)The general unit of measure for traffic on a highway. It is the total traffic for the year divided by 365 days per year.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery 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.
ARCHITECTAn architect registered by the Commonwealth of Pennsylvania.
BLOCKAn area bounded by streets.
BUILDINGA combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers used for human habitation.
BUILDING LINEA line parallel to the front, side, or rear lot line set so as to provide the required distance between the right-of-way and any enclosed structure.
BUILDING SETBACK LINEThe line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way, and the line defining side and rear yards, where required.
CARTWAY or ROADWAYThat portion of a street which is improved, designated, or intended for vehicular use.
CHAIRMANThe Chairman of the Township of Fallowfield Planning Commission.
CLEAR-SIGHT TRIANGLEAn area of unobstructed vision at street intersections. It is defined by lines of sight between points at a given distance from the intersection of the street center lines.
COMMON OPEN SPACEA 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.
COUNTYCounty of Washington, Pennsylvania.
CROSSWALKA right-of-way, publicly or privately owned, intended to furnish access for pedestrians.
CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
CUTAn excavation. The difference between a point on the original ground and a designated point of lower elevation of the final grade. Also, the material removed from excavation.
DEPARTMENTDepartment of Planning of the Township of Fallowfield.
DESIGNATED FLOODPLAIN DISTRICTSThose floodplain districts specifically designated in Chapter
400, Zoning, of the Code of the Township of Fallowfield, as being inundated primarily by the one-hundred-year flood.
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.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings, or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation, or drilling operations and the subdivision of land.
DEVELOPMENT PLANThe 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 the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
DWELLINGA building designed and constructed for residential purposes in which people live.
DWELLING UNITOne or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one family or a single person.
DWELLING, MULTIFAMILYA building used by three or more families living independently of each other and doing their own cooking, including apartment houses.
DWELLING, TWO-FAMILY, SEMIDETACHEDA building used by two families, with one dwelling unit arranged over the other, having one side yard, and having one party wall in common with another building.
EASEMENT, UTILITYA right-or way granted for the limited use of land for public or quasi-public purposes.
ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania.
ENGINEERING SPECIFICATIONSThe engineering specifications of Fallowfield Township regulating the installation of any required improvement or for any such facility installed by any owner subject to public use.
EROSIONThe removal of surface materials by the action of natural elements.
EXCAVATIONAny act with earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed. It shall include the conditions resulting therefrom.
FARMLand used for agricultural use as defined in Chapter
400, Zoning, of the Township of Fallowfield.
Any act by which earth, sand, gravel, or rock 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. It shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade. The material used to make fill.
FLOODPLAINThe area along a natural watercourse which may from time to time be overflowed by water therefrom.
IMPROVEMENTSSee "private improvements," "public improvements."
LAND DEVELOPMENTAny of the following activities:
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 or occupants or tenure; or
The division of 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 shall not include:
(1) The addition of an accessory farm building on a lot or lots subordinate to an existing principal farm 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 the definition, 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 proper authorities.
LAND DEVELOPMENT, MINORA land development which is a minor subdivision or a land development which is an addition to an existing building or which is an accessory building where the addition or accessory building will occupy less than 500 square feet of land area.
LANDOWNERThe 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.
LOTA 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.
LOT AREAThe area contained within the property lines of a lot as shown on a subdivision plan excluding space within any street, but including the area of any easement.
LOT, REVERSE FRONTAGEA lot extending between, and having frontage on, an arterial street and a minor street, and with vehicular access solely from the latter.
MAJOR DRAINAGEA term used in stormwater drainage that requires the use of a twenty-five-year storm frequency when computing runoff calculations. For the purpose of this chapter, it is considered a major area when a proposed highway crosses an existing defined watercourse.
MINOR DRAINAGEA term used in stormwater drainage that requires the use of a ten-year storm frequency when computing runoff calculations. Minor drainage areas include all basic runoff from highways, paved and uniformly grassed or developed areas.
MOBILE HOMEA 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 assemble operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOTA 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.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile homes.
MUNICIPALITYA city of the second class A or third class, borough, incorporated town, township of the first or second class, county of the second class through eighth class, home rule municipality, or any similar general purpose unit of government which shall be created by the General Assembly of the Commonwealth of Pennsylvania.
ONE-HUNDRED-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years, (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year.
PERSONAny individual or group of individuals, partnership, corporation, unincorporated association, estate, or other legal entity.
PLAN ADJUSTMENTAdjustments to recorded plans as follows:
B. Shifts in lot lines between adjacent lots where no new lots are created and public rights and access to a street, utility lines, storm sewer lines, and sanitary sewer lines are not affected.
Shifts in easements and right-of-way locations due to minor field changes during construction of required improvements.
Minor adjustments in location of buildings or other site improvements which comply with all zoning and subdivision and land development requirements and the conditions of the approval of a land development or conditional use approval or special exception approval as previously approved.
PLANNED RESIDENTIAL DEVELOPMENTAn 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 a municipal zoning ordinance.
PLAN, SKETCHAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision.
PLATThe map or plan of a subdivision or land development, whether preliminary or final.
PRIVATE IMPROVEMENTSAll streets, sidewalks, walkways, streetlights, street signs, gutters, curbs, sewers, waterlines, and other utilities or related facilities, but not including driveways and parking areas, to be operated and maintained by a private entity.
PUBLIC GROUNDSIncludes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas;
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the Municipalities Planning Code.
PUBLIC IMPROVEMENTSAll streets, sidewalks, walkways, streetlights, street signs, gutters, curbs, sewers, waterlines, and other utilities or facilities to be dedicated to or maintained by a public agency, or any such existing facilities accepted by a public agency.
PUBLIC MEETINGA forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICENotice published in accordance with 53 P.S. § 10107, 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 not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RENEWABLE ENERGY SOURCEAny method, process or substance whose supply is rejuvenated through natural processes and including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.
RIGHT-OF-WAY, PRIVATEThe area dedicated to the use of a private street or other private purposes for use of owners, residents or visitors of a planned development or lot.
RIGHT-OF-WAY, PUBLICThe area dedicated to and accepted by the Township, County, or Commonwealth of Pennsylvania for a public street and other public purposes.
RUNOFFThe surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.
SECURITY, MAINTENANCEMethod for developer to secure structural integrity and functioning of public improvements in accordance with the design and specifications depicted on the final plan approved by the Township, for a period of time following the date of acceptance by the Supervisors of dedication of such improvements. The maintenance security shall be in the form of a performance bond, federal or commonwealth chartered lending institution irrevocable letter of credit and restrictive or escrow accounts in such lending institutions or such other security as may be acceptable to the Supervisors. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth.
SECURITY, PERFORMANCEMethod for developer to guarantee proper installation of public and private improvements specified in the final application, the performance security shall be in the form of a performance bond, federal or commonwealth chartered lending institution irrevocable letter of credit and restrictive or escrow accounts in such lending institutions or such other security as may be acceptable to the Supervisors. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth.
SEDIMENTATIONThe 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 usually referred to as "sediment."
SIGHT DISTANCEThe length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
SLOPEThe face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical distance in feet per 100 feet of horizontal distance.
SOIL STABILIZATIONChemical or structural treatment designed to increase or maintain the stability of a mass of soil or otherwise to improve the engineering properties.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STREET, MAJORA. ARTERIAL STREETA major street or highway with fast or heavy volumes of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.
COLLECTOR STREETA major street or highway which carries traffic from minor streets to arterial streets including the principal entrance streets of a residential development.
LOCAL STREETA street used primarily for access to abutting properties.
LIMITED ACCESS HIGHWAYA major street or highway which carries large volumes of traffic at comparatively high speed with access at designated points and not from abutting properties.
STREET, MARGINAL ACCESSA minor street which is parallel and adjacent to limited access highways or arterial streets and which provides access to abutting properties and protection from through traffic.
STREET, PRIVATEA street, including the entire private right-of-way, which is intended for private use and is a private improvement.
STREET, PUBLICA street, including the entire public right-of-way, which has been dedicated or devoted to public use by legal mapping, use or other lawful means.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
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, or 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.
SUBDIVISION, MINORA subdivision of one existing lot into three lots or less or a resubdivision which changes lot lines of legally created lots involving the creation of three additional new lots or less, whether done at one time or cumulatively, which does not involve any new street or easement of access or the extension or creation of any public or private improvements, which does not adversely affect the development of the remainder of the parcel or adjoining property, and which is not in conflict with any provisions of this chapter or Chapter
400, Zoning, of the Township.
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 pursuant to Section 509 of the Municipalities Planning Code) 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.
SURVEYORA surveyor registered by the Commonwealth of Pennsylvania.
SWALEA low-lying stretch of land characterized as a depression used to carry surface water runoff.
TOPSOILSurface soils and subsurface soils which presumably are fertile soil and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the "A Horizon."
TOWNSHIPThe Township of Fallowfield, Washington County, Pennsylvania, a municipal body having its principal address at 9 Memorial Drive, Charleroi, Pennsylvania 15022.
TOWNSHIP ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by the Board of Supervisors as the engineer of the Township of Fallowfield.
TOWNSHIP SEWAGE ENFORCEMENT OFFICERA sewage enforcement officer certified as such by the commonwealth and appointed by the Supervisors as the official of the Township who issues and reviews permit applications and conducts the investigations and inspections as are necessary to implement Act 537 and Chapters 71, 72, and 73 of the Pennsylvania Code.
UNDEVELOPED LANDAny lot, tract or parcel of land which has not been graded or in any other manner prepared for the construction of a building.
WATERCOURSEA stream of water, river, brook, creek, or channel or ditch for water whether natural or man-made.