[Ord. 500, 3/19/2008, § I; as amended by A.O.]
Unless otherwise expressly stated, the following words or phrases
shall, for the purposes of this part, have the meaning herein indicated.
Words or terms used but not defined in this part shall have the meaning
as defined in the Acts of the Commonwealth of Pennsylvania relating
to the same subject matter, so long as such Acts do not have definitions
which are inconsistent with each other, in which case, as to any such
Act, the definitions contained in the Borough Code, 53 P.S. § 45101
et seq., if any, shall apply.
BUILDING
An independent structure having a roof supported by columns
or walls or resting on its own foundation and intended for the shelter,
housing or enclosure of any individual, animal, process, equipment,
goods or materials of any kind.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of manufactured homes, streets and other paving, utilities,
filling, grading, excavation, mining, dredging or drilling operations
and the subdivision of land.
DWELLING
A building or portion thereof designed for and/or used for
living quarters, exclusive of hotels, motels, transient accommodations
or similar buildings or facilities. The following are types of dwellings:
(1)
DWELLING UNITOne or more rooms having cooking and facilities and access directly outdoors or through a common entrance hall.
(3)
CONVERSION UNITExisting residential structure which has been modified structurally in such a way as to convert it from one dwelling unit to multiple dwelling units.
(4)
SEMI-DETACHED UNITA residential structure containing two single dwelling units having one common wall.
(5)
ATTACHED ROW OR TOWNHOUSEA residential structure containing three or more dwelling units which are separated from each other by two common walls, except for the end units.
(7)
CONDOMINIUMSA given set of dwelling units, each of which is owned by an individual person or persons in fee simple, and which is assigned a proportionate interest in all common elements, as set forth in the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., of the Commonwealth of Pennsylvania.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels 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
tenants.
(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,
leasehold, condominium building groups or other features.
(3)
Development other than those activities specified as exclusions.
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 as a unit.
PLANNED COMMUNITY DEVELOPMENT
An area of land or real estate to be developed as a planned
community in accordance to the Uniform Planned Community Act, 68 Pa.C.S.A.
§ 5101 et seq., or as same may be subsequently amended,
and therein defined and again herein defined as real estate with respect
to which a person, by virtue of ownership of an interest in a portion
of the real estate, is or may become obligated by covenant, easement
or agreement imposed on the owner's interest to pay any amount for
real property taxes, insurance, maintenance, repair, improvement,
management, administration or regulations of any part of the real
estate other than the portion or interest owned solely by the person.
The term excludes a cooperative and a condominium, but a condominium
or cooperative may be part of a planned community. For the purpose
of this definition, "ownership" includes holding a leasehold interest
of more than 20 years, including renewal options, in real estate.
The term includes nonresidential campground communities.
STREET
A street shall be defined to include a street, avenue, boulevard,
highway, freeway, parkway, lane, alley, viaduct or any other ways
used or intended to be used by vehicular traffic or pedestrians, whether
public or private.
SUBDIVISION
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.
[Ord. 500, 3/19/2008, § II]
1. Any and all streets within the Borough shall be named and all dwellings,
buildings or property located thereon shall be numbered if such street
meets at least one of the following conditions:
A. If two or more dwellings or buildings exist or are proposed to be
constructed, located or erected along the street or to be served by
the street.
B. If the street is a Borough, county or commonwealth street.
[Ord. 500, 3/19/2008, § III]
1. New streets shall be named during the subdivision and land development
approval process or, in the case of an existing private street, at
the time such private street is accepted by the Borough.
2. At the time of filing an application for approval of a subdivision
and land development, or at the time of petitioning or otherwise requesting
the Borough to accept a private street, the developer or property
owner shall submit to the Borough a written request for the application
of a street name or names for a street located in such subdivision
or land development or on such private street. Upon receipt by the
Borough, the requested street names and their locations shall be forwarded
to the County of Westmoreland for review to avoid duplication or other
characteristics which would prevent, hinder or delay the timely and
efficient provision of services to the residents and others located
on, served by, or to be located on or served by such street.
3. If the street is part of a preliminary plan which is approved by
the Borough then such street name shall be reserved for the time period
provided in the Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10101 et seq., currently five years.
[Ord. 500, 3/19/2008, § IV]
The Borough hereby approves and adopts, unless otherwise modified
in this part, or unless otherwise inconsistent with or in conflict
with any Act of the Commonwealth of Pennsylvania, the Street Naming
and Addressing Policy of the County of Westmoreland, as set forth
in the document marked Appendix "21-4-A," attached hereto and expressly
made a part hereof.
[Ord. 500, 3/19/2008, § V]
The survey, plan and system for the naming of streets in the
Borough, as currently existing, is hereby adopted and approved. A
copy of said survey, plan and system, dated November 12, 2007, is
hereby designated, approved and adopted as such survey, plan and system
for existing street names.
[Ord. 500, 3/19/2008, § VII]
The survey, plan and system for the numbering of dwellings,
buildings and properties in the Borough, as prepared by the Borough
and currently existing is hereby approved and adopted. Said survey,
plan and system for the numbering of dwellings and buildings is dated
December 7, 2007, and hereby approved and adopted.
[Ord. 500, 3/19/2008, § VIII]
On and after the passage and enactment of this part it shall
be the duty of each and every owner, trustee, lessee, agent and/or
occupant of each and every dwelling and building in the Borough to
cause the same to be numbered in accordance with the provisions of
this part and the survey, plan and system hereby adopted and approved.
The numbering system shall be in accord with the policy adopted herein
and attached hereto as Appendix "21-4-A."
[Ord. 500, 3/19/2008, § IX]
The properties, buildings and locations as set forth on Exhibit
"21-4-B," attached hereto, which is adopted herein, titled "911 Address
Changes for Ordinance," are hereby designated and shall have the address
name and/or number as set forth on said Exhibit "21-4-B."
[Ord. 500, 3/19/2008, § X]
1. It shall be unlawful and a violation of this part to fail to comply
with the affirmative obligations, requirements and standards contained
herein with regard to the naming, addressing and numbering of dwellings,
buildings, properties and streets.
2. It shall be unlawful and a violation of this part to deface, destroy,
remove, obliterate, conceal, cover or obstruct any required signage
and/or numbering as provided in this part, with the exception of the
required removal of old numbers and names when a new street name and/or
number has been assigned and designated.
[Ord. 500, 3/19/2008, § XI; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
together with reasonable attorney fees and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.