[Ord. 474, 4/14/1997, § 201]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning indicated: words
in the singular include the plural, and the words in the plural include
the singular. The word "person" includes a corporation, unincorporated
association and a partnership as well as an individual or any other
legal entity. The words "shall" and "will" are mandatory; the word
"may" is permissive. An "agency" shall be construed to include its
successors or assigns. Words not defined in this Part or the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq., shall
have the common meaning given to them.
[Ord. 474, 4/14/1997, § 202; as amended by Ord.
545, 2/26/2007, § 22-202; and by Ord. 585, 9/12/2011]
A minor right-of-way, publicly or privately owned, primarily
for vehicular service access to the back and sides of properties.
Alleys are not intended for through vehicular traffic.
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 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.
An area divided into lots and usually bounded by streets.
A professional engineer licensed as such in Pennsylvania,
duly appointed as the Engineer of the Borough of Edinboro or his/her
representative.
The Borough of Edinboro, Erie County, Pennsylvania.
A roofed structure, whether or not enclosed by walls, to
be used for the shelter, enclosure or protection of persons, goods,
materials or animals.
The improved surface of a street or alley designed for vehicular
traffic. Does not include shoulders or surface outside the gutter
line.
When parcels that were previously joined prior to this amendment
are being reestablished as separate parcels in any district.
[Added by Ord. 600, 8/10/2015]
The Borough Code Enforcement Officer who is the duly designated
administrator of this chapter.
The Joint Municipal Planning Commission of the Borough of
Edinboro.
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.
The Borough of Edinboro Comprehensive Plan and any amendments
thereto.
When there is a plan to combine adjoining parcels in any
district.
[Added by Ord. 600, 8/10/2015]
A lot, located at the intersection of two or more existing
or proposed street rights-of-way.
The County of Erie, Pennsylvania.
The Planning Commission of the County of Erie.
A street intersecting another street at one end and terminating
at the other in a vehicular turn-around.
An excavation. The difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
The Pennsylvania Department of Environmental Protection,
its bureaus, divisions, departments and/or agencies, as may from time
to time be established, or such department or departments as may in
the future succeed it.
An area in which surface water runoff is temporarily stored
pending its release at a controlled rate.
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, the construction or expansion of 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 lot having its front and rear lot lines abutting the right-of-way
of a street. Sometimes this lot is also called a "reverse frontage
lot."
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
Any ditch, gutter, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of carrying, diverting
or controlling surface water or groundwater.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A right granted for limited use of private land for public
and quasi-public purposes including such things as utilities and drainage.
There shall be no structures on any easements granted to the Borough
of Edinboro and to any officially created municipal authority.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
A plan showing all present and proposed grades and facilities for stormwater, drainage, erosion and sediment controls, and which is in accordance with § 22-1008 of this chapter.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any other material
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 and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
A plan showing all existing ground features and proposed
grading, including existing and proposed surface and subsurface drainage
facilities, described by grades, contours and topography.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
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
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.
"Land development" does not include development which involves:
The conversion of an existing single-family, detached dwelling
or single-family, semi-detached dwelling into not more than three
residential units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a 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 the purposes of this subsection, 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 the proper authorities.
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 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.
When a parcel is being subdivided between two adjoining parcels
in any district.
[Added by Ord. 600, 8/10/2015]
Any financial security, acceptable under Article V of the Municipalities Planning Code, 53 P.S. § 10501 et seq., which may be accepted by the Borough of Edinboro for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A metal stake placed to designate the boundary and corners of lots in the subdivision of land for the purpose of reference in land and property survey and to facilitate the sale of lots. (See § 22-1002.)
When there is a plan to combine adjoining parcels in any
district.
[Added by Ord. 600, 8/10/2015]
The subdivision of land into not more than two parcels, excluding
the residual property, located on an existing improved street that
does not involve the construction, installation or dedication of new
streets, utilities or other public improvements.
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 assembly operations
and constructed so that it may be used without a permanent foundation.
The term does not include recreational vehicles or travel trailers.
The unit may contain parts that collapse, fold, telescope or otherwise
permit continued mobility; however, these characteristics shall not
characterize it as a sectional or modular home.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection 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 home lots
for the placement thereon of mobile homes.
When a subdivider can show that a provision of this chapter
would cause unnecessary hardship if strictly adhered to, and where
because of topographic or other conditions peculiar to the site, in
the opinion of the Planning Commission a departure may be made without
destroying the intent of such provisions, the Planning Commission
may recommend and the Borough Council may authorize a modification.
Any modification thus authorized and the reasoning on which departure
was justified shall be entered on the minutes of the Borough Council.
A modification applies only to the particular subdivision for which
it is granted.
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 survey.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945" or the Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq.
The duly constituted Municipal Authority of the Borough of
Edinboro, Erie County, Pennsylvania, which authority owns the Borough
sewer treatment plant and collection system.
An individual, partnership, corporation or other legally
recognized entity.
A complete and exact subdivision plan, mobile home park or site plan prepared for official recording as required by statute and this chapter (see Part 7).
The preliminary drawing indicating the proposed layout of the subdivision, mobile home park or site plan to be submitted to the Borough of Edinboro for consideration, as required by this chapter (see Part 7).
An informal plan indicating salient existing features of
a tract and its surroundings and general layout of the proposed subdivision.
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 this chapter.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and such other amendments to
same as may be adopted from time to time.
The Joint Municipal Planning Commission of the Borough of
Edinboro, Pennsylvania.
The map or plan of a subdivision or land development, whether
preliminary or final.
Includes any Borough owned and/or operated use.
Parks, playgrounds and other public areas, and sites for
schools, sewage treatment, refuse disposal and other publicly owned
or operated facilities.
A formal meeting held pursuant to public notice by the Borough
of Edinboro or the Borough of Edinboro Planning Commission, intended
to inform and obtain public comment, prior to taking action in accordance
with the Municipalities Planning Code, 53 P.S. § 10101 et
seq.
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq.
Notice as required under the provisions of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq.
See "subdivision; replat."
A narrow parcel of ground having inadequate area for building
purposes separating a street or a proposed street from other adjacent
properties.
Land dedicated for use as a public street, alley or crosswalk,
which may also be used by sewer, water, storm sewer, electric, gas,
telephone and cable system(s).
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.
A system of piping, tanks or other facilities serving two
or more lots and collecting, treating and disposing of domestic sewage
into a subsurface soil absorption area or retaining tank located on
one or more of the lots or at another site.
A system of piping, tanks or other facilities serving a single
lot and collecting, treating and disposing of domestic sewage into
a subsurface absorption area or a retaining tank located on that lot.
The extent of unobstructed vision, in a horizontal or vertical plane, along a street, as defined in § 22-802 of this chapter.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways or strips of land
used or intended to be used by vehicular traffic or pedestrians whether
public or private, and including the entire right-of-way. Particular
types of streets are further defined as follows:
|
ARTERIAL (EXPRESSWAY) — This class of highway facility
is devoted entirely to the task of moving large volumes of traffic
and performs little or no land service function. It is generally characterized
by some degree of access control. Normally, this classification should
be reserved for multilane, divided roads with few, if any, grade intersections.
| |
|
COLLECTOR — This class of road serves the internal traffic
movement within the municipality and connects developed areas with
the arterial system. They do not accommodate long, through trips and
are not continuous for any appreciable length. The collector system
is intended to simultaneously supply abutting property with the same
degree of land service as a minor street and accommodate local internal
traffic movements.
| |
|
COMMERCIAL — Commercial roads service areas whose predominant
use is commercial. In function, design and specification, they will
be considered as a collector street.
| |
|
LOCAL AND MINOR — The minor street's sole function
is to provide access to immediately adjacent land.
| |
|
INDUSTRIAL — Are primarily designed to serve industrial
and manufacturing development. These roads will be designed to accommodate
extensive truck traffic of all types.
|
An imaginary line which passes through the middle of the
right-of-way and the cartway simultaneously, or which is in the center
of the right-of-way in cases where the cartway is not centered in
the right-of-way.
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 easement of access or any residential dwelling, shall be
exempted.
Any and all modifications to parcel lines between adjoining
lots, to include separations, add-ons, consolidations, and mergers.
They shall conform to all current code/ordinances of the Borough.
[Amended by Ord. 600, 8/10/2015]
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) 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 professional surveyor, licensed as such in the Commonwealth
of Pennsylvania.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
A temporary circular turn around at the end of a road which
terminates at or near the subdivision boundary bordering undeveloped
land.
Surface soils and subsurface soils which normally are fertile
soils and soil material, ordinarily rich in organic matter of humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A Horizon."
Any lot, tract, or parcel of land which has not been graded
or in any other manner prepared for the construction of a building
or other improvement.
A plan to show all existing and proposed fire hydrants, water
and sewer lines, storm sewer lines, gas and electric lines, cable
television facilities and street lighting.
The duly constituted Water Authority of the Edinboro of Borough,
Erie County, Pennsylvania.
Any water works, water supply works, water distribution system
or part thereof, designed, intended or constructed to provide or distribute
potable water.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
A permanent stream, intermittent stream, river, brook, creek
or a channel, drain or ditch for water, whether natural or man-made.
