Definitions. As used in this chapter, the following words or
terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure which is on the same lot with, but detached from,
the principal building or structure and which is customarily incidental
and subordinate to the principal structure or principal use of the
land, including, but not limited to, private garages, storage sheds
and the like.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use of the land located on the same lot as the principal use.
APPLICANT
A landowner or developer who has filed an application for
development, permit or approval pursuant to this chapter, including
his or her heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every 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 a building permit,
for the approval of a subdivision plat or plan or for the approval
of a 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 or after construction.
BOARD OF SUPERVISORS
The Board of Supervisors of the North Fayette Township, Allegheny
County, Pennsylvania.
BUFFERYARD
A landscaped area of a certain depth, specified by Chapter
27, Zoning, which shall be planted and maintained in trees, grass, ground cover, shrubs, bushes or other natural landscaping material or an existing natural or constructed natural barrier which duplicates the effect of the required bufferyard of the Zoning Ordinance [Chapter
27].
BUILDABLE AREA
The area (acreage or square footage) of a parcel available for development based upon sensitive natural resource criteria and evaluation, as further set forth in Part
5 of the Zoning Ordinance [Chapter
27, Part
5].
BUILDING
A roofed structure, whether or not enclosed by walls, to
be used for shelter, enclosure or protection of persons, goods, materials,
or animals.
BUILDING AREA
The total footprint area of the principal building and all
accessory buildings exclusive of uncovered porches, terraces and steps.
BUILDING ELEVATION DRAWING
A plan drawn to scale showing the front, rear and side perspectives
of a building, including the building's architectural features, exterior
building materials, first floor elevations of the building, the height
of the building in feet and number of stories and the building's relationship
to the finished grade immediately surrounding the building.
BUILDING INSPECTOR
The Township Engineer or any other authorized representative
assigned by the Board of Supervisors to make any or all necessary
inspections of the work performed and materials furnished by the subdivider
or developer or their contractors selected to install the improvements
required by this chapter.
BUILDING LINE, FRONT
A line parallel to the front lot line or right-of-way at a distance therefrom which is equal to the front yard setback required by the Zoning Ordinance [Chapter
27] for the zoning district in which the lot is located.
CARTWAY
That portion of the street right-of-way that is surfaced
for vehicular or other traffic use, excluding shoulders and berms;
the portion(s) between curbs where curbs are used.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at the intersection of two streets or the intersection of a driveway with a street, measured at the height of a driver's eye which is assumed to be 3.75 feet above the road surface, between points at a given distance from the intersection of the center lines of the two streets or of a street and driveway as specified in Table 27-4 of the Zoning Ordinance [Chapter
27], "Clear Sight Distance Criteria," in order to allow the operators of vehicles approaching simultaneously to see each other in time to prevent a collision.
CLUSTER LOT DEVELOPMENT
A residential development design technique that concentrates
residential lots in specific areas of a tract of land to allow the
remaining land to be used for recreation, common open space and preservation
of sensitive natural resources.
COMMON AMENITIES
Features of a subdivision or land development, other than private improvements, as defined herein, which are required by this chapter or the Zoning Ordinance [Chapter
27], which are shared in common by the residents or occupants of a subdivision or land development and for which a completion security may be required to guarantee the installation of such features in compliance with this chapter or the Zoning Ordinance [Chapter
27], including, but not limited to, such features as landscaping, bufferyards, parking areas, loading areas and similar facilities.
COMMUNITY DEVELOPMENT DEPARTMENT
A division of the Township government created by the Board
of Supervisors to administer this chapter and to undertake all other
powers and duties specified by ordinance of the Board of Supervisors
in accordance with Article II of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10201 et seq.
COMPLETION SECURITY
Security required to be posted as a condition to final plan
approval, by and in accordance with the requirements of this chapter
and the Municipalities Planning Code, 53 P.S. § 10101 et
seq., in order to assure completion of improvements required by this
chapter.
COMPREHENSIVE PLAN
The Comprehensive Plan of the Township which guides the physical
development of the Township and which consists of maps, charts and
textual matter in accordance with the provisions of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq.
CONSOLIDATION
The act of combining two or more lots, tracts or parcels
of land for any purpose.
CONSTRUCTION
The erection, renovation, repair extension, expansion alteration
or relocation of a building, structure or site improvements including
the placement of mobile homes.
COUNTY
Allegheny County, Pennsylvania.
COUNTY PLANNING AGENCY
Allegheny County Economic Development Planning and Project
Development or its predecessor.
DEVELOPER
Any landowner or agent of such landowner or tenant with the
permission of such landowner who proposes, makes or causes to be made
an application for development, permit or approval pursuant to this
chapter.
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.
DWELLING
Any structure designed or used as permanent living quarters
for one or more families, not including hotels, motels lodging or
boarding houses.
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SINGLE-FAMILY – A residential building containing one
dwelling unit which is the only principal building on the lot and
which has a minimum gross floor area of 750 square feet.
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TWO-FAMILY – A residential building containing two independent
dwelling units, each having a separate entrance, and which is the
only principal building on the lot.
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MULTIFAMILY – A residential building or portion thereof
containing three or more dwelling units, including garden apartments,
high-rise apartments and townhouses.
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GARDEN APARTMENT – A multifamily residential building
no more than three stories in height containing three or more dwelling
units which share a common entrance to the outside, usually through
a common corridor, and which dwelling units may have other dwelling
units either above or below them.
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HIGH RISE APARTMENT – A multifamily residential building
containing at least four residential floors.
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QUADPLEX – A detached building designed for or occupied
exclusively as a residence and where the building is divided by two
common party walls into four distinct dwelling units where each dwelling
unit has direct access to the outdoors.
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TOWNHOUSE – A multifamily residential building no more
than 2 1/2 stories in height which contains no more than eight
dwelling units, each of which are separated from the adjoining unit
or units by a continuous, unpierced vertical wall extending from the
basement to the roof, each unit having independent access directly
to the outside and having no other units above or below.
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DWELLING UNIT
One or more rooms which are used as quarters for one family
having permanent facilities for sleeping, cooking and eating, as well
as sanitary facilities.
EASEMENT
A right of way for utility or similar purposes located outside the street right-of-way, as required by this chapter or the Township's Construction Standard Detail. 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 or the Zoning Ordinance [Chapter
27].
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
EROSION
The natural process by which soil and rock material moves
on the earth's surface through the forces of wind and water.
FAMILY
One of the following:
(1)
All persons living in the same household who are related by
birth, marriage or adoption.
(2)
Those defined as such by the United States Code or Federal Register.
(3)
No more than four unrelated individuals occupying a premises
and living as a single housekeeping units, as distinguished from a
group occupying a boarding house, group home, hotel or the like.
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 APPROVAL
The ultimate approval of a development plan granted by the
Township Board of Supervisors which follows tentative approval and
filing of an application of final approval.
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 Regulations and Land Development Ordinance or final
plat approval and in a form acceptable for recording in the office
of the Allegheny County Department of Real Estate.
FRONTAGE
The length of a property line bordering a public right-of-way
that is open to vehicular traffic.
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.
INFRASTRUCTURE DEMAND STATEMENT
A summary, submitted by an engineer, describing the projected
demand created by a land development on the Townships existing public
traffic, sanitary sewer and water systems.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots 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.
(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.
(3)
Development in accordance with § 503(1.1) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10503(1.1).
LAND DEVELOPMENT, MAJOR
A land development with any of the following characteristics:
(1)
A single-family residential development that creates five or
more new lots.
(2)
A multifamily residential development that creates five or more
new lots.
(3)
A nonresidential development with more than 5,000 square feet
of new gross floor area.
(4)
All planned residential and planned nonresidential developments in accordance with the Zoning Ordinance [Chapter
27].
(5)
All subdivisions and developments that also constitute conditional uses or uses by special exceptions in accordance with the Zoning Ordinance [Chapter
27].
LAND DEVELOPMENT, MINOR
A land development with any of the following characteristics:
(1)
A single-family, or two-family residential development that
creates two to four lots.
(2)
A multifamily residential development that creates four lots
or less.
(3)
A nonresidential development with 5,000 square feet or less
of new gross floor area.
LAND DEVELOPMENT PLAN
A plan that 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; a topographic and boundary survey
of the lot or parcel, the proposed use, location and bulk of buildings
and other structures; the intensity of use or density of development;
vegetation, drainage, floodways, wetlands and waterways, streets,
ways and parking facilities; pedestrian circulation routes, common
open space and public facilities. The "land development plan" shall
include all of the written and graphic information required by this
chapter.
LAND USE ADMINISTRATOR
The person appointed by the Township Manager to be the Land
Use Administrator in the Community Development Department. In the
absence of a specific appointment, the appointed Community Development
Director shall serve as the Land Use Administrator.
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.
LANDSCAPE ARCHITECT
A professional landscape architect licensed as such in the
Commonwealth of Pennsylvania.
LANDSCAPING
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers, and shade
trees.
LOT
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.
LOT AREA
Area measured on a horizontal plane bounded by the front,
rear and side lot lines, exclusive of any area within a street right-of-way.
LOT, CORNER
A lot at the intersection of and fronting on, two or more
street rights of way.
LOT COVERAGE
The area of a lot covered by all principal and accessory
structures.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT, FLAG
A lot that has any portion of its front lot line or front
yard abut the rear or side yard of any adjacent lot rather than a
public road right-of-way and where access to the public road right-of-way
would typically be by a narrow, private right-of-way or driveway.
LOT OF RECORD
Any lot which individually or as part of a subdivision has
been recorded in the office of the Allegheny County Department of
Real Estate.
MAINTENANCE SECURITY
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. 53 P.S. § 10101 et seq.
MEDIATION
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.
NEW CONSTRUCTION
An activity for which the "start of construction or improvement"
commenced on or after the effective date of this chapter.
NONRESIDENTIAL DEVELOPMENT
Buildings or structures and their associated land designed,
intended or used for purposes other than as residential dwelling units.
OCCUPANT
An owner, tenant, or other person possessing, residing, or
otherwise occupying or using a property or structure on a temporary
or permanent basis.
OCCUPANCY PERMIT
A permit for the use or occupancy of a building, structure or lot indicating compliance with all provisions of the Zoning Ordinance [Chapter
27], and the ICC International Property Maintenance Code.
OFFICIAL MAP
The map established by the Board of Supervisors pursuant
to Article IV of the Municipalities Planning Code illustrating streets,
highways, parks, drainage systems and right-of-ways lines laid out,
adopted, and established by law, and any amendments or additions to
adopted by the Board of Supervisors resulting from the approval of
subdivision plats by the Planning Commission and the subsequent filing
of approved plats.
ORDINANCE
All references to "this chapter" refer to the Township North Fayette Subdivision and Land Development Ordinance, as amended from time to time [and as may be codified at Chapter
22 of the Township of North Fayette Code of Ordinances, "Subdivision and Land Development," unless otherwise noted].
PLANNED DEVELOPMENT
A development of land controlled by one landowner to be developed as a single entity for a number of dwelling units or a combination of residential and nonresidential uses in accordance with the provisions of the Planned Residential Development and Planned Nonresidential Development sections of the Zoning Ordinance [Chapter
27].
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RESIDENTIAL DEVELOPMENT – An area at least 10 acres in size controlled by one landowner to be developed as a single entity for a number of residential dwelling units or a combination of residential and nonresidential uses in accordance with the provisions of the Zoning Ordinance, § 27-607, "Planned Residential Development (PRD) Overlay."
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NONRESIDENTIAL DEVELOPMENT (PNRD) – An area of land controlled by a single landowner to be developed as a single entity for a combination of nonresidential uses, the plan for which does not necessarily correspond in lot area, bulk, type of dwelling unit or use, density or intensity, lot coverage or required open space to any one district in accordance with the provisions of the Zoning Ordinance, § 27-603, "Planned Nonresidential Development Overlay."
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PLANNING COMMISSION
The North Fayette Township Planning Commission, Allegheny
County, Pennsylvania.
PLAT
A map or plan, either preliminary or final, presented to
the Township for approval, indicating the subdivision, consolidation,
re-division 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.
PRINCIPAL USE
The primary or predominant use of any lot or structure.
PRIVATE
Owned, operated or controlled by an individual, group of
individuals, association or corporation, not for profit, and restricted
to members who meet certain qualifications and their guests.
PRIVATE IMPROVEMENTS
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers and other facilities not to be owned, maintained
or operated by the Township for which specifications shall comply
with the requirements of this chapter and the Township's Construction
Standard Details.
PROFESSIONAL CONSULTANTS
Persons who provide expert or professional advise, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects, or planners.
PUBLIC
Owned, operated or controlled by a government agency (federal,
state or local).
PUBLIC HEARING
A formal meeting held pursuant to public notice (as defined
herein) by the governing body or planning agency, 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
or maintained by the Township for which plans and specifications must
comply with the Township's Construction Standard Details or other
public entity and which the Township has agreed to accept in the development
agreement pursuant to this chapter.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq., the "Sunshine Act."
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 public hearing.
REMAND
To give back, or to not accept.
REMEDIAL INVESTIGATION/FEASIBILITY STUDY
A full site characterization identifying the full extent
of soil and groundwater contamination, identifying alternative remediation
activities and evaluating the feasibility of the alternatives as well
as the selection and implementation of remediation activities.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary or storm sewer and
other similar uses. A right-of-way grants an ownership interest in
fee to the grantee. No permanent structure may be erected in or on
a right-of-way except for structures serving the purpose of the right-of-way
as may be expressly authorized by the Township.
SETBACK
The distance between a building and the street line nearest
to the building.
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. The safe stopping sight distance for the vertical
curves on roadway pavement shall be calculated with an eye 3.75 feet
above the pavement.
SIGN
Any structure or device used to attract attention by work or graphic display. Specific signage types are defined in the Zoning Ordinance [Chapter
27].
SIMPLE SUBDIVISION
The process of consolidating existing lots; or revising lot
lines of an existing plat without creating new parcels, buildings
or public improvements; or revisions of easements and/or right-of-ways.
STORMWATER MANAGEMENT ORDINANCE (SWMO)
The Township's applicable Stormwater Management Ordinance, as may be duly enacted or amended from time to time. [See Chapter
19 of the Township of North Fayette Code of Ordinances, "Stormwater Management."]
STREET
All land between right-of-way lines, whether public or private
and whether improved or unimproved, intended to accommodate vehicular
traffic, including an avenue, drive, boulevard, highway road, freeway,
parkway, lane, viaduct or other vehicular way.
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ALLEY – A minor street which is used primarily for vehicle
access to the back or the side of properties otherwise abutting a
street, or for the placement of utilities.
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ARTERIAL ROAD/STREET – A public street which serves large
volumes of high-speed and long distance.
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COLLECTOR ROAD/STREET – 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.
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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.
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LOCAL – A public street designed to provide access to
abutting lots and to discourage through traffic.
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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.")
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PUBLIC – A street, including the entire public right-of-way,
which has been dedicated to and accepted by the Township, county or
state which has been devoted to public use by legal mapping, use or
other means.
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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.
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STREET TREE
A tree planted in the front yard 12 feet from the front property
line whose use is intended, in conjunction with other street trees,
to create a tree-lined street.
STRUCTURAL ALTERATION
Any change in the support members of a building such as bearing
walls, columns, beams or girders; changes in the means of ingress
and/or egress; enlargement of floor area or height of a structure;
or relocation from one position to another.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division, re-division or consolidation 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 units shall be exempted.
SURVEYOR
A professional land surveyor licensed 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
North Fayette, Allegheny County, Pennsylvania.
TOWNSHIP CONSTRUCTION CODE OR CONSTRUCTION CODE
The applicable provisions of the Pennsylvania Construction
Code, sometimes known as the Pennsylvania Construction Code Act or
Uniform Construction Code (UCC), as may be duly enacted or amended
from time to time; any reference herein or in other existing Township
ordinances to "Township Building Code," "Township Construction Code"
or "Construction Code" shall, unless context clearly denotes otherwise,
be interpreted to mean the Construction Code Act, 35 P.S. § 7210.101
et seq.
TOWNSHIP CONSTRUCTION STANDARDS
The plans and specifications, and standard details, for building
public infrastructure and other defined infrastructure and systems
and/or facilities, as enacted or adopted by ordinance or resolution
of the Township from time to time.
TOWNSHIP ENGINEER
A registered professional engineer licensed in the Commonwealth
of Pennsylvania, duly appointed by the Board of Supervisors to serve
as the engineer for the Township.
TOWNSHIP MANAGER
A person duly appointed and employed or retained by the Township
Board of Supervisors as the Manager of North Fayette Township and
responsible for directing and controlling the business and administrative
affairs of the Township.
TOWNSHIP SOLICITOR
An attorney licensed as such in the Commonwealth of Pennsylvania
and retained by and responsible to the Board of Supervisors to furnish
legal assistance for the administration of municipal regulations and
arrangements relative to this chapter.
TRAFFIC IMPACT FEE ORDINANCE (TIFO)
The Township's applicable Traffic Impact Fee Ordinance, as may be duly enacted or amended from time to time. [See Chapter
25 of the North Fayette Township Code of Ordinances, Transportation Capital Improvements; see also §§
22-312 and
22-323 of this chapter, below].
TRAFFIC NETWORK ANALYSIS
A technical report, submitted by a professional traffic engineer,
which projects the trip generation of a land development and the anticipated
trip impact on the Township's Comprehensive Transportation Network.
TRIP
The movement completed by an individual vehicle in a one-way
direction.
USE
Any activity, business or purpose for which any lot or structure
is utilized.
WATERCOURSE
A Channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow, including, but not limited to, drainage channel, creek, drain,
river or stream.
YARD
A required open space located on a lot which is unobstructed
from the ground to the sky, except as expressly provided by this chapter.
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FRONT – A yard extending across the full lot width of
the lot and extending back in depth measured at the required minimum
distance from the front lot line to a line parallel thereto on the
lot.
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REAR – A yard extending across the full width of the lot
and extending forward in depth the required minimum distance from
the rear lot line to a line parallel thereto on the lot.
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SIDE – A yard between the building and the adjacent side
line of the lot extending from the front yard to the rear yard, or
in the case of a corner lot, extending from the front yard to the
yard opposite the front yard.
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ZONING HEARING BOARD
The Zoning Hearing Board of North Fayette Township, Allegheny
County, Pennsylvania.
ZONING ORDINANCE
The Township of North Fayette Zoning Ordinance, Ord. 360, as amended from time to time. [See Chapter
27 of the Township of North Fayette Code of Ordinances, "Zoning."]