Unless otherwise stated, the following terms shall have the
meanings indicated as follows:
A.
Singular and plural. Words in the singular include the plural and
those in the plural include the singular.
B.
Building and structure. The word "structure" includes "building,"
and the use of either word shall be construed as if followed by the
phrase "or part thereof."
C.
Shall, will, must, and may. The words "shall," "will," and "must"
are mandatory, and the word "may" is permissive.
As used in this chapter, the following terms shall have the
meanings indicated:
The general unit of measure for traffic on a highway. It
is the total traffic for the year divided by 365 days per year.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
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 architect registered by the Commonwealth of Pennsylvania.
An area bounded by streets.
A 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.
A 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.
The 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.
That portion of a street which is improved, designated, or
intended for vehicular use.
The Chairman of the Township of Fallowfield Planning Commission.
An 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.
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.
County of Washington, Pennsylvania.
A right-of-way, publicly or privately owned, intended to
furnish access for pedestrians.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
An 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.
Department of Planning of the Township of Fallowfield.
Those 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.
Any 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.
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
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A building designed and constructed for residential purposes
in which people live.
One 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.
A building used by three or more families living independently
of each other and doing their own cooking, including apartment houses.
A building used by one family, and having two party walls
in common with other buildings.
A building used by one family, having one dwelling unit,
and having two side yards.
A building used by one family, having one side yard, and
one party wall in common with another building.
A building used by two families, with one dwelling unit arranged
over the other, having two side yards.
A 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.
A right-or way granted for the limited use of land for public
or quasi-public purposes.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The 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.
The removal of surface materials by the action of natural
elements.
Any 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.
Land 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.
The area along a natural watercourse which may from time
to time be overflowed by water therefrom.
See "private improvements," "public improvements."
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 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.
A subdivision of land.
Land development shall not include:
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.
A 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.
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 person having a proprietary interest in land.
A landscape architect registered by the Commonwealth of Pennsylvania.
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.
The 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.
A lot extending between, and having frontage on, an arterial
street and a minor street, and with vehicular access solely from the
latter.
A lot with front and rear street frontage.
A 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.
A 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.
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 assemble 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 erections thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile homes.
A 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.
A 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.
Any individual or group of individuals, partnership, corporation,
unincorporated association, estate, or other legal entity.
Adjustments to recorded plans as follows:
Survey corrections.
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.
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 a municipal zoning ordinance.
The Fallowfield Township Planning Commission.
An 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.
The map or plan of a subdivision or land development, whether
preliminary or final.
All 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.
Includes:
A 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.
All 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.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84),[1] known as the "Sunshine Act."
Notice 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.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
Any 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.
The 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.
The area dedicated to and accepted by the Township, County,
or Commonwealth of Pennsylvania for a public street and other public
purposes.
The 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.
Method 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.
Method 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.
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 usually referred
to as "sediment."
The 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.
The 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.
Chemical or structural treatment designed to increase or
maintain the stability of a mass of soil or otherwise to improve the
engineering properties.
Includes 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.
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.
A 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.
A street, including the entire private right-of-way, which
is intended for private use and is a private improvement.
A 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.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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, 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.
A 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.
A plan showing all present and proposed grades and facilities
for storm drainage.
A surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
Surface 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."
The Township of Fallowfield, Washington County, Pennsylvania,
a municipal body having its principal address at 9 Memorial Drive,
Charleroi, Pennsylvania 15022.
A 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.
A 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.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
A stream of water, river, brook, creek, or channel or ditch
for water whether natural or man-made.
[1]
Editor's Note: Repealed 10-15-1998 by P.L. 729, No. 93; see
now Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
