[Ord. 754, 8/14/2007]
Unless otherwise expressly stated, the following words or phrases
shall, as used in this chapter, have the meaning here indicated. Words
or terms used but not defined in this chapter shall have the same
meaning as stated in the Pennsylvania Municipalities Planning Code
or the Zoning Ordinance of Beaver Borough.
A subordinate building, the use of which is customarily incidental
to that of the principal building on the same lot.
A public thoroughfare which affords only a secondary means
of access to abutting property and is not intended for general traffic
circulation.
A tract of land or an area used principally as the location
for permanent amusement structure or rides.
An area of land identified by a utility as needed for the
location of an anchor for the attachment of guide wires, support cables
or other support structures.
A landowner or developer, as hereafter 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.
Plans, profiles, cross-sections and construction details
showing the exact final location, elevation, grade, size and material
used in the construction of all facilities installed, to the same
scale as the approved construction drawings.
A municipal public water system is considered available if
connection is recommended and/or required in the regulations of the
Borough or any municipal authority with jurisdiction in the Borough.
A municipal sanitary sewer is considered available if:
An area bounded by streets.
The Borough of Beaver, Beaver County, Pennsylvania.
A registered professional engineer licensed as such in the
Commonwealth of Pennsylvania, duly appointed as the engineer for the
Borough, or its Planning Commission.
A roofed structure covering a space which shall be considered
an "enclosed" building if all exterior walls are solid except for
fixed, closed or operable windows and doors.
A line describing the extent of the area in a building lot
within which construction can occur. The setback distance from front,
side and rear property lines determine the building line.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps or patios.
That portion of the street right-of-way surfaced for vehicular
use. Width is determined from face of curb to face of curb or from
one edge of driving surface to the other edge of driving surface.
The triangular area formed by two intersecting street center
lines and a line interconnecting points established on each center
line, 75 feet from their point of intersection. This entire area is
to remain clear of obstructions to sight above a plane established
3 1/2 feet in elevation from grade level at the intersection
of the street center line.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site, 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.
A line, which joins all points of equal elevation on the
ground.
A property which abuts two or more intersecting public streets
from each of which buildings on the property must be set back the
normal front yard distance for the zoning district in which such property
is located.
The Council of the Borough of Beaver.
An obligation, usually stated in the deed, defined by law
or agreement, the violation of which can be restrained by court action.
A street or road with one end open to traffic and pedestrian
access and permanently terminated at the other end by a vehicular
turnaround. A cul-de-sac is the vehicular turnaround at the end of
a cul-de-sac street.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this act to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of the county and judicial district wherein the municipality
lies.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
Borough Council.
The Zoning Hearing Board.
The Planning Commission, only if and to the extent the planning
agency is charged with final decision on preliminary or final plans
under the subdivision and land development ordinance or planned residential
development provisions. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
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.
An improved vehicular access facility serving a maximum of
two parcels or lots which may be under separate or common ownership
which connects the parcels and provides access to a public street.
All subdivision and land development applicants proposing to create
a common driveway shall submit a common driveway maintenance agreement
for approval prior to plan approval. Said maintenance agreement shall
be recorded with the plat.
An improved vehicular access facility serving three or more parcels or lots shall be considered a private street and shall comply with the design and construction requirements for a private street. (See "street, private.") All subdivision and land development applicants proposing to create a multiple access driveway shall submit a multiple access driveway maintenance agreement for approval prior to plan approval and shall comply with the requirements of § 22-700, Performance Requirements, § 22-701, Performance Guarantees, and § 22-702, Release from Improvement Bond.
A vehicular access improved by placement of a compacted,
dustless surface serving only one parcel or lot which connects and
provides access to a public street but which does not provide access
to any other lot or parcel under separate ownership.
A right-of-way granted across private property generally
for public utility lines or for access to other properties beyond,
passage over which is guaranteed by the grantor to those using the
easement.
A point or series of points (see "contour") which are a known
vertical distance above or below a predetermined elevation datum.
The elevation datum shall be referenced to mean sea level, provided
that the site is located within 1,000 feet (via streets) of a valid
benchmark referenced to mean sea level.
See Borough Engineer.
An interior lot located to the rear of another lot, but with
a narrow portion thereof (the "flagpole") extending to a public street
to provide access. The front lot line of a flag lot is that line parallel
to the street from which access is gained, located at the end of the
flagpole.
A land area adjoining a river, stream, water body, or watercourse
which may periodically flood as established by the United States Federal
Emergency Management Agency.
An organization of property owners of lots in individual
residential developments responsible for the maintenance of common
open space in each plan and the payment of taxes on that land classified
as commonly owned open space.
Those physical changes to the land necessary to produce usable
and desirable lots from undeveloped raw acreage, including but not
limited to grading, paving, curb, gutter, stormwater sewers, individual
sanitary sewage system, improvements to existing watercourses, sidewalks,
crosswalks, street signs, monuments, water supply and water distribution
systems and facilities, sanitary sewers, sanitary sewerage collection
systems and sanitary sewage treatment plant facilities.
An authorized representative of the Borough Council assigned
to make any or all on site inspection of work performed and materials
furnished by the developer or his agents.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenants; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leasehold, condominiums, building groups or other features.
A subdivision of land.
Development other than those activities specified as exclusions in § 22-104 of this chapter.
A designated tract, parcel or area of land established by
a plat for ownership, development, use or improvement, whether immediate
or future.
The area of a horizontal plane measured at grade and bounded
by the front, side and rear lot lines.
The average horizontal distance between the front and rear
lot lines.
The boundary line describing the limits of a property and
separating it from adjacent properties or a public street or way.
The average horizontal distance across the lot between the
side lot lines, measured at the building line.
See "corner lot."
A lot other than a corner lot.
A grant by the Council upon recommendation of the Planning
Commission allowing a developer to deviate from the regulations normally
in force on his property because unusual conditions not created by
the developer are present making development extremely difficult,
and the deviation if permitted will not downgrade the neighborhood
and will be the minimum affording him relief.
A permanent precise indication, established by a registered
surveyor, of points at changes of direction in the boundary of a subdivision
or development plan, or at points of change of direction in street
rights-of-way within or on the boundary of the plan.
The individual, individuals, or entity in actual possession
of a premises.
An unoccupied space open to the sky on the same lot with
the building or on the same tract of land upon which building lots
are recorded.
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, shall be deemed
to be a "landowner" for the purposes of this chapter.
An off-street space having dimensions of nine feet in width
and 18 feet in depth and an area of not less than 162 square feet,
whether inside or outside of a structure, for the temporary standing
of an automotive vehicle to be used exclusively as a parking stall
for one automotive vehicle plus additional area based on the minimum
aisle width used exclusively for turning and access to the parking
space.
A paved, at-grade open area without a permanent covering,
at grade level.
The duly constituted Planning Commission of the Borough of
Beaver.
The map or plan of a subdivision or land development.
A complete and exact subdivision plat, prepared for official
recording as required by statue, to define property rights and proposed
streets and other improvements.
A tentative subdivision plat, in lesser detail than a final
plat, showing approximate locations of proposed streets and lot layouts
on a topographic map as a basis for consideration prior to preparation
of a final plat.
An attachment to the exterior of a principal residential
use or structure primarily used for private recreation. This attachment
is considered a part of the principal structure for the purpose of
determining a minimum setback.
In accordance with applicable state law.
In accordance with applicable state law.
In accordance with applicable state law.
The Pennsylvania Department of Transportation Publication
408, latest publications and bulletins, Commonwealth of Pennsylvania,
Specification Publication #408.
The area of any property between the rear line of the property
and the rear setback line parallel to it.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A strip of land adjacent to a street intended to control
access to the street from an adjacent property.
A lot extending between and having frontage on a major or
minor collector or arterial street and a local street, and with vehicular
access solely from the local street.
Land reserved for use as a street, alley, interior walk,
or other public purpose.
In accordance with the Rules and Regulations of the Beaver
Borough Municipal Authority.
The area of any property bounded by the required front and
rear yards and the side property line and parallel side setback line.
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 height
of 3.5 feet above the pavement and a height of an object of 0.5 feet.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
The following street classifications shall apply to streets
in the Borough of Beaver and shall be applied as defined in the Comprehensive
Plan for the Borough of Beaver, Beaver County, Pennsylvania:
Arterial. Arterials accommodate intercommunity traffic flow
and afford connections to other communities or secondary regional
traffic generators with direct access to adjoining property being
a secondary function. The average length of trip of such highway normally
exceeds three miles.
Collector. These roads serve to funnel traffic onto arterials
and to provide linkage on an intercommunity basis. Providing access
to properties abutting a collector street is likewise a secondary
function. The primary function of a collector street is to accept
the traffic generated on local streets with which they may be interlinked.
Local. Such roadways are intended primarily to serve properties
fronting on their right-of-way. These roads generally do not carry
major traffic volumes since their function is to serve that traffic
generated from the residential properties.
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" which provides access to three or more lots or parcels which do not have access to a public street shall be considered as access to a public street. (See also "driveway, private," "driveway, common" and "driveway, multiple access") Design standards for private streets shall comply with the requirements of Part 5 herein and improvements shall comply with the standards of Part 6 herein. The performance standards in § 22-700, the performance guarantees in § 22-701, and the release from improvement bond provisions in § 22-702 shall apply to all developments proposing to install a private street.
A street, including the entire public right-of-way, which
has been dedicated to and accepted by the Borough or which has been
devoted to public use by legal mapping, use or other means.
Anything constructed or erected, the use of which requires
a fixed location on the ground or an attachment to something having
a fixed location on the ground, including, in addition to buildings,
billboards, fences, carports, porches, swimming pools, signs and other
building features but not including sidewalks, drives and patios.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling shall be
exempted.
When, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to § 22-701 of this chapter) 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 map showing ground elevations by contour lines and the
location of important, natural and man-made features.
In accordance with the Rules and Regulations of the Borough
or the Beaver Borough Municipal Authority.
Includes all existing channels, creeks, ditches, drains,
dry runs, springs and streams, also all proposed channels, ditches,
drains and drainage facilities.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions as defined
and regulated by the U.S. Environmental Protection Agency (EPA), U.S.
Army Corps of Engineers (COE), and the Pennsylvania Department of
Environmental Protection (DEP).
The individual authorized by the Borough to be the administrator
of the daily application of the provisions contained in the Zoning
Ordinance. The Zoning Officer shall hold no elective office, have
a working knowledge of zoning and meet the qualifications established
for the position by the Council.
The officially adopted Zoning Ordinance of Beaver Borough
and all subsequent amendments thereto.[1]
