[Ord. 571, 3/10/1998, § 2.1]
1.
Unless otherwise expressly stated the following terms shall have
the meaning indicated below:
A.
Words and phrases used in the singular include the plural, and words
and phrases used in the plural include the singular.
B.
Gender specific pronouns or references shall refer to all genders.
C.
The word "person" indicates any person or any corporation, unincorporated
association, partnership, estate, or other legal entity.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The word "structure" includes "building" and the use of either word
shall be construed as if followed by the phrase "or a part thereof."
F.
The word "may" is permissive; the words "shall" and "will" are mandatory.
G.
Periods of time stated as a number of days refer to consecutive calendar
days, unless specified as "working days."
H.
Words in the present tense include the future tense.
[Ord. 571, 3/10/1998, Art. II, § 2.2; as amended
by Ord. 623, 2/14/2006; and by Ord. 631, 3/13/2007, § 1]
Other terms or words used in this chapter are defined as follows:
See "street."
See "building, accessory."
Average daily traffic volume.
See "street."
A developer and/or landowner, as hereinafter defined, including
heirs, successors, and assigns, who has filed an application for subdivision
and/or land development.
Every application whether preliminary or final, required
to be filed 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.
See "registered professional."
See "street."
Either of the following:
BICYCLE LANEA lane at the edge of a street cartway or shoulder reserved and marked for the exclusive use of bicycles.
BICYCLE PATHA pathway, separated from the street cartway or shoulder, designed for the exclusive use of bicycles.
A unit of land containing one or more lots, bounded by existing
or proposed streets waterways, railroads, public lands, or other barriers
to contiguous development.
The Borough of West Homestead, Allegheny County, Pennsylvania.
Any enclosed or open structure having a roof supported by
columns, piers, or walls.
BUILDING, ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building and located on the same lot as the principal building. Farm buildings not intended for habitation are considered to be accessory buildings.
BUILDING PRINCIPALA building in which the primary use of the lot on which the building is located is carried on.
A line within a lot, parallel to the street line, designated
on a plan as the minimum required distance between a building and
the street center line or right-of-way line as specified by any applicable
zoning ordinance.
A portion of a site, together with any structures or plantings,
intended to provide a visual barrier or other protection between adjacent
parcels of land.
When used in reference to a street, the maximum traffic volume
for which such street can provide adequate service.
The portion of a street, drive or alley that is available
for vehicular traffic.
An area of unobstructed vision at a street intersection defined
by lines of sight between specified points on the center lines of
the intersecting streets.
See "street."
The Planning Commission of the Borough of West Homestead.
A document consisting of maps, charts, and text, prepared
in accordance with Article III of the MPC and adopted by a municipality
or county as a guide for future development.
A form of real property ownership which combines a system
of separate ownership of individual units of occupancy with a system
of undivided interests in land and common facilities.
A circular area measured from the trunk of a tree, in which
roots critical to the survival of the tree shall be protected. The
critical root zone shall be equal to the tree's drip line plus
one foot.
The part of the tree that consists of branches, stems, and
leaves.
See "street."
The diameter of a tree trunk at breast height, measured at
4.5 feet above natural grade.
The deliberate appropriation of land by its owner for general
public use.
A written instrument whereby an estate in real property is
conveyed.
A restriction upon property placed in a deed.
The Allegheny County Department of Economic Development.
A man-made or natural facility designed to collect surface
water in order to impede its flow and to release it gradually in an
adopted watershed plan.
Any landowner, agent of such landowner, or tenant with the
permission of the 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,
a plat of subdivision or land development including 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.
The Director of the Allegheny County Department of Economic
Development.
The land required for the installation of storm sewers or
other drainage facilities, or along the floodway of a natural stream
or watercourse, or to safeguard the public against flood damage.
A private drive providing access between a public or private
street or access drive and the parking area for a single residential
dwelling unit. A shared driveway is a private drive serving two residential
dwelling units.
A right-of-way for limited use of property granted by a landowner,
within which the owner shall not have the right to make use of the
property in a manner that violates the right of the grantee.
A professional engineer registered by the Commonwealth of
Pennsylvania. See "registered professional."
The detachment and movement of soil or rock fragments, or
the wearing away of the surface of the land by wind, water, ice, or
gravity.
The plan of a proposed subdivision or land development including
all supplemental information required by this chapter or by an applicable
municipal ordinance to obtain final approval and in a form acceptable
for recording in the office of the recorder of deeds.
Any financial security which may be accepted in lieu of certain
improvements being made prior to approval and recording of a final
plan, pursuant to § 509 of the Pennsylvania Municipalities
Planning Code.
Land adjoining a river or stream that has been or may be
expected to be inundated by the flood waters of the river or stream;
or any area subject to the unusual and rapid accumulation of surface
waters from any source. Flood plains include any areas delineated
within the one-hundred-year flood boundary or as a special flood hazard
area on a map prepared by the Federal Emergency Management Agency
(FEMA).
The channel of a water course and portions of the adjoining
floodplain which are reasonably required to carry and discharge the
one-hundred-year frequency flood. The boundary of the floodway shall
be as delineated on maps and studies prepared by the Federal Emergency
Management Agency (FEMA). In areas where no FEMA maps and studies
have defined the floodway, the assumed floodway boundary shall be
50 feet, as measured from the top of the bank of the stream.
Any combination of structural and/or nonstructural additions
or changes to structures or contents which are designed to reduce
or eliminate flood damage to those structures or contents.
Total gross area of all floors enclosed within the exterior
walls of any building, including accessory buildings and including
any areas that may be enclosed by temporary exterior walls such as
garage doors or removable solarium glass enclosures; or as defined
in an applicable municipal zoning ordinance.
The inclination of the land's surface from the horizontal,
as it exists or as rendered by cut and/or fill activities. Road grade
refers to the rate of rise and fall of a road surface, measured along
the center line of the cartway.
A plan to be prepared and submitted with an application for
development whenever any land disturbance is proposed.
A paved area at the end of a dead-end street where the cartway
branches in two directions, providing sufficient space for vehicles
to execute three point turning maneuvers without entering the driveways
of any lots abutting the street.
Any building, site, structure, object, district or area that:
Is listed in the National Register of Historic Places.
Has received a determination of eligibility for the National
Register from the National Park Service.
Is listed on any officially adopted municipal, county, or state
register or inventory of historic features.
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This term shall include the site, structures, yards, vegetation,
fences, road alignments, and signage associated with such features.
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Physical changes to land including, but not limited to, grading,
removal of vegetation, buildings, landscaping, pavement, curbs, gutters,
storm sewers and drains, changes to existing watercourses, sidewalks,
street signs, monuments, water supply facilities, and sewage disposal
facilities.
Any of the following:
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.
A single nonresidential building or an addition to an existing
nonresidential building on a lot or lots regardless of the number
of occupants or tenure.
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. (See "subdivision.")
Land development shall not include:
The addition of an accessory building on a residential lot or
lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this clause, 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.
Any of the following:
An addition to an existing building, where such addition will
occupy lees than 2,500 square feet of land area.
An expansion of an existing parking lot that will add 25 or
fewer parking spaces.
The division of an existing residential structure or commercial
structure with residential units into more dwelling units than existing
at the time of application.
Any activity involving changes in the natural contours or
the land, clearing of vegetation, tilling of the soil, or any other
activity which may cause erosion.
Any activity, business, function, or purpose for which any
piece of land or structure is used or intended to be used.
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 conditions), a lessee (if he
is authorized under the lease to exercise the right of the landowner),
or other person having a proprietary interest in land.
A landscape architect registered by the Commonwealth of Pennsylvania.
See "registered professional."
Land that is susceptible to movement or sliding, as identified
in the Soil Survey of Allegheny County, prepared by the Soil Conservation
Service of the United States Department of Agriculture; or as identified
on the Landslide Susceptibility Map of Allegheny County; or as established
by geotechnical investigation.
A map delineating areas judged to be susceptible to landsliding
or movement, prepared by the United States Geological Survey on 7.5
minute quadrangle maps of the county in 1974.
A qualitative measure describing operational conditions within
a traffic stream; generally described in terms of such factors as
speed, freedom to maneuver, traffic interruptions, comfort, convenience,
and safety. Levels of service are designated A through F, with LOS
A indicating the best service and LOS F indicating the worst.
See "street."
A designated parcel, tract, or area of land established by
a plat or otherwise permitted by law and to be used, developed, or
built upon as a unit.
The area contained within the property lines of the individual
parcel of land, excluding space within a street right-of-way, or as
specified in the municipal zoning ordinance.
The average distance between the street right-of-way and
the rear lot line, measured perpendicular or radial to the right-of-way.
The width of a lot measured along the street line.
The horizontal distance between side lot lines, measured
at the required setback line.
An area within a lot between the building setback lines and
the lot lines.
See "street."
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their difference, culminating in a written agreement
which the parties themselves created and consider acceptable.
See "land development, minor."
See "subdivision, minor."
A concrete, stone, or other permanent object placed to designate
boundary lines, corners of property, and rights-of-way of streets
and utilities, for the purpose of reference in land and property surveys.
The council in cities and boroughs, the board of commissioners
in townships of the first class, the board of supervisors in townships
of the second class, or as may be designated in the law providing
for the form of government.
Any city, borough, township, or other similar general purpose
unit of government excluding county government.
A map adopted pursuant to Article IV of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10401 et seq..
The Borough of West Homestead Subdivision and Development
Ordinance of 1998 [this chapter].
See "lot."
The hour during which the heaviest volume of traffic occurs.
The map or plan of a subdivision or land development, whether
preliminary or final.
See "subdivision, plat adjustment."
The plan of a proposed subdivision or land development, including
all supplementary information required by this chapter or applicable
municipal ordinance to obtain preliminary approval.
A formal meeting held pursuant to public notice, intended
to inform and obtain public comment, prior to taking action in accordance
with this chapter.
A forum held pursuant to notice under the "Sunshine Act,"
65 Pa.C.S.A. § 701 et seq.
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. The notice shall
state the time and place of a 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.
A system which provides water to the public for human consumption
which has at least 15 service connections or regularly serves an average
of at least 25 individuals daily at least 60 days out of the year.
The term includes any collection, treatment, storage, and distribution
facilities under control of the operator of the system and used in
connection with the system. The term includes collection or pretreatment
storage facilities not under such control which are used in connection
with the system. The term also includes a system which provides water
for bottling or bulk hauling for human consumption.
A final plan which contains the original endorsement of the
municipality and the Department, which is intended to be recorded
with the Allegheny County Recorder of Deeds.
An individual, licensed in the Commonwealth of Pennsylvania
to perform services or activities required by provisions of this chapter
and qualified by training and experience to perform the specific services
and/or activities with technical competence.
Land reserved or dedicated for use as a street, pedestrian
way, or other means of public or private transportation; or for an
electric transmission line, oil or gas pipeline, water main, sanitary
or storm sewer, or other special use. A right-of-way includes the
entire area reserved or dedicated for the use.
The surface water after a rain or snow that does not enter
the soil but runs off the surface of the land.
The process by which soil or other surface material is accumulated
or deposited by wind, water, or gravity.
See "building setback line."
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
An informal plan, for use in a pre-application meeting, prepared in accordance with § 22-401 of this chapter.
A series of aerial photographs on which soils are classified
according to a variety of characteristics and accompanying explanatory
text, prepared by the United States Department of Agriculture, Soil
Conservation Service, August 1981. (Note: The Soil Conservation Service
is now the Natural Resources Conservation Service.)
An engineer registered by the Commonwealth of Pennsylvania
who has training and experience in soils engineering.
Any land area with a grade that exceeds four horizontal to
one vertical, or 25%.
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of vehicular travel,
encompassing the following types:
ARTERIALA public street intended to carry a large volume of local and through traffic to or from collector streets and expressways.
COLLECTORA street that collects and distributes traffic between local access and arterial streets. Such streets provide intraregional connections between residential areas and shopping areas, employment centers, and other local traffic generators.
LOCALA street that provides access to abutting property and connections to collector streets.
ALLEYA service road that provides secondary means of through access to lots.
CUL-DE-SACA street with a single means of ingress and egress and a turnaround.
MARGINAL ACCESS STREETA service street that runs parallel to a higher-order street and provides access to abutting properties and separation from through traffic.
ACCESS DRIVEA private drive providing access between a public or private street and a parking area within a land development, or any driveway servicing two or more buildings or uses.
A street not accepted for dedication by a municipality.
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, 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 easements of access or any residential
dwelling shall be exempted.
A subdivision of land into three lots, not requiring any
new street or access easement.
Any of the following:
A surveyor registered by the Commonwealth of Pennsylvania.
See "registered professional."
A single or one-directional vehicle movement.
See "land use."
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
All land and water within the confines of a drainage basin.
A designated area of the land surface which, through recharge
or other means, provides water to sustain the yield of a protected
public water supply well.
Any area defined as a wetland by the Federal "Manual for
Identifying and Delineating Jurisdictional Wetlands."
An area of trees whose total combined canopy covers one acre
or more, in which at least 70% of the canopy trees have a DBH of 2.5
inches or more. Woodlands may also include tree plantations for commercial
or conservation purposes, and groves or stands of trees covering less
than one acre. Categories of woodlands shall be as follows:
MATURE WOODLANDAn area of trees whose total combined canopy covers one acre or more, in which at least 50% of the canopy trees have a DBH of 10 inches or more.
GROVES AND STANDSA contiguous grouping of eight or more individual trees having a DBH of at least 12 inches, and whose combined canopy covers at least 50% of the area encompassed by the grove.
See "lot, yard."
