As used in this chapter, except where context clearly indicates
otherwise, the following words and phrases shall have the meanings
indicated:
ACCELERATED EROSION
The removal of the surface of the land through the combined
action of man's activities and natural processes at a rate greater
than would occur from natural processes alone.
ACT
The Pennsylvania Municipalities Planning Code of July 31,
1968, 53 P.S. § 10101 et seq. (Act No. 247), as amended
by Act 170 of 1988, and thereafter amended from time to time.
ALLEY
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
APPLICANT
A landowner or developer or his authorized agent, including
his heirs, successors and assigns, as hereinafter defined, who has
filed an application for subdivision or land development.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, which is
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 plan, or for the
approval of a land development plan.
BLOCK
A tract of land bounded by streets or by a combination of
street and public land rights-of-way, waterways or boundary lines
of the Township.
BOARD
The Board of Supervisors of Scott Township.
BUFFER
A strip of land, a mound or a berm planted and maintained
in shrubs, bushes, trees, grass or other ground cover material and
within which no structure shall be located. Additionally, a wall,
fence or similar architectural screen shall be considered when approved
by the Board.
BUILDING
Any structure having a roof supported by columns, or enclosed
with exterior walls or firewalls, built, erected, and framed of component
structural parts. Included shall be all manufactured homes and trailers
to be used for human habitation. The word "building" shall include
any part thereof.
[Amended 3-21-2018 by Ord. No.
3-21-18]
A.
BUILDING, PRINCIPALThe main structure on a given lot, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind or in which the principal use of the site is conducted. A land development includes more than two principal buildings on a single lot.
B.
BUILDING, ACCESSORYA detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building. No accessory building shall be allowed absent a permitted principal structure.
C.
BUILDING, ATTACHEDA building which has one or more party walls in common with adjacent buildings.
D.
BUILDING, DETACHEDA building which has no party walls and is surrounded by open space on all sides of the lot.
CARTWAY
The portion of a street right-of-way, paved or unpaved, customarily
used by vehicles in the regular course of travel over the street.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street intersection,
defined by lines of sight between points at a given distance from
the intersection of the center lines of the traveled ways.
COMMON OPEN SPACE
A parcel or parcels of land, an area of water or a combination
of land and water within a developed site, not including streets,
off-street parking areas or areas set aside for public facilities,
designed and intended for the use and/or enjoyment of the development's
residents. It must be substantially free of structures but may contain
such improvements as are in the subdivision or development plan as
finally approved and are appropriate for residents' recreation.
CONDOMINIUM
A form of ownership of real property, including an undivided
interest in a portion of a parcel, together with a separate interest
in a space within a structure, subject to the provisions of the Pennsylvania
Uniform Condominium Act of 1980, as amended.
CONSTRUCTION
The alteration of the building material or existing land
surface, to include the cutting of trees or earthmoving activities
in anticipation of land development or the erection of structures
and for incidental improvements thereon.
CRITICAL AREAS
Areas of subdivision or land development particularly subject
to erosion and sedimentation, such as areas not covered with vegetation
due to grading, cutting or filling, which contain exposed subsoils
or mixtures of soil horizons or excessively long slopes and steep
grades.
DESIGN STANDARDS
Minimum standards in the layout by which a subdivision or
land development is developed.
DETENTION BASIN
A structure designed to retard surface runoff for a period
of time sufficient to cause the deposition of sediment and to reduce
the velocity and volume of surface flows leaving a site, thus preventing
further erosion.
DEVELOPER
Any landowner or authorized agent of such landowner or tenant
of a landowner who makes or causes to be made a subdivision of land
or a land development, including improvements thereto.
DRAINAGE FACILITIES
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of diverting surface
water from or carrying surface water off streets, public rights-of-way,
parks, recreational areas or any part of any subdivision, land development
or contiguous land areas.
DRIVEWAY
A private vehicular and pedestrian access within a lot providing
access between a public street and a parking area within the same
lot or property.
[Amended 10-10-1995 by Ord. No. 1-1995]
DRIVEWAY APPROACH
That area between the depressed curb and sidewalk.
[Added 10-10-1995 by Ord.
No. 1-1995]
EARTHMOVING ACTIVITY
Activity resulting in the movement of earth or stripping
of vegetative cover from the earth.
EASEMENT
A right-of-way granted for limited use of private land within
which the owner of the property shall have the right to make any other
use of the land which is not inconsistent with the rights of the grantee.
EASEMENT, CONSERVATION
A voluntarily derived set of use restrictions placed upon
the identified land area through which no positive or appurtenant
rights are consistent with the rights of the grantee.
ENGINEER, TOWNSHIP
A licensed professional engineer duly designated by Scott
Township to perform the duties of Engineer as herein specified.
EROSION
The movement of soil by the action of wind or water.
FLOODPLAIN
The low areas adjoining and including a watercourse or other
body of water (such as a pond, marsh or lake) within Scott Township
which are subject to inundation by a flood having a frequency of recurrence
of one in 100 years. The basis for delineation shall be prescribed
in the Scott Township Floodplain Ordinance.
GUARANTY, MAINTENANCE
Financial security which may be required of a developer by
the Township prior to the Board of Supervisors accepting dedication
of improvements following completion to secure structural integrity
of said improvements as well as the functioning of said improvements
in accordance with the design and specifications as depicted on the
final plan for a term not to exceed 18 months from the date of acceptance
of dedication. Such security may include but is not limited to performance
bonds, escrow agreements, surety agreements or irrevocable letters
of credit.
GUARANTY, PERFORMANCE
Any security which may be required of a developer by the
Township in lieu of the completion of any improvements required as
a condition for final approval of the applicant's subdivision
plan or land development plan. Such security may include but is not
limited to performance bonds, escrow agreements, surety agreements
or irrevocable letters of credit supplied.
IMPERVIOUS SURFACE
Materials which are impenetrable and thus unable to absorb
stormwater or other liquids, such as buildings, structures and paved
areas.
IMPROVEMENTS
Grading, paving, curbing, streetlights and signs, landscaping,
water mains, hydrants, sanitary sewer mains including laterals to
the street right-of-way line, storm drainage lines, stormwater management
structures, sidewalks, monuments and all other additions to the tract
that are required by ordinance or necessary to result in a complete
subdivision/land development in the fullest extent of the term.
IMPROVEMENTS, PUBLIC
Improvements, including but not limited to those contained
in the definition of "improvements," that are intended for dedication
to the Township either in fee or by easement.
LAND DEVELOPMENT
Any of the following activities:
[Amended 10-10-1995 by Ord. No. 1-1995]
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
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; or
(2)
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.
C.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code [53 P.S. § 10503(1.1)].
D.
The following shall be excluded from the definition of land
development in Scott Township:
[Added 3-21-2018 by Ord. No. 3-21-18]
(1)
The conversion of an existing single-family detached dwelling
or double dwelling into not more than three residential units, unless
such units are intended to be a condominium; or
(2)
The addition of an accessory building with less than 1,000 square
feet of floor area; or
(3)
The addition of a new attached building or structure with less
than 1,000 square feet of floor area to an existing building, where
the use of the new attached building or structure is incidental and
subordinate to the existing building; or
(4)
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 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 proper authorities have approved
plans for expanded area.
E.
Unless otherwise defined as such, land development shall not
be interpreted to include the reuse of existing structures not involving
or requiring development supporting improvements to the site.
[Added 3-21-2018 by Ord. No. 3-21-18]
LANDOWNER
For purposes of this chapter, 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.
LANE, ACCELERATION OR DECELERATION
A lane adjacent to the primary cartway and attached thereto
for use only by vehicles entering, leaving or crossing a lane of forward
travel without interrupting the flow of traffic.
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.
[Amended 10-10-1995 by Ord. No. 1-1995]
LOT AREA
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, excluding any area
within any street right-of-way.
LOT, CORNER
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on a major thoroughfare
and local street and with vehicular access solely from the latter.
MARKER
A metal pipe or pin of at least 1/2 inch in diameter and
at least 24 inches in length.
MOBILE HOME
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.
[Amended 10-10-1995 by Ord. No. 1-1995]
MOBILE HOME LOT
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.
[Added 10-10-1995 by Ord.
No. 1-1995]
MOBILE HOME PARK
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.
[Amended 10-10-1995 by Ord. No. 1-1995]
MONUMENT
A tapered permanent survey reference point of stone or concrete
having a square top four inches on each side with a length of at least
24 inches and a base the same shape as its top but two inches larger
in dimension. A stone monument shall have a copper or brass dowel
plug embedded in the center of its top surface, and a concrete monument
shall have a vertical reinforcing bar cast integrally in its vertical
center and contain a one-fourth-inch-diameter depression in the center
of its top surface.
PLAN
A.
AS-BUILT PLANA corrected final plan showing dimensions and locations of all streets and other improvements as actually constructed.
B.
CONSERVATION PLANA plan to accompany preliminary and final plan submissions, detailing stream channels, tree masses and other natural features and measures to protect the same and to control erosion and sedimentation during construction.
C.
FINAL PLANA complete and exact land development or subdivision plan prepared by an engineer or surveyor registered in the Commonwealth of Pennsylvania, defining property lines, proposed streets, drainage facilities, easements and other improvements, and which is to be recorded upon approval.
D.
IMPROVEMENT CONSTRUCTION PLANA plan prepared by an engineer registered in the Commonwealth of Pennsylvania, showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts and other improvements as required by this chapter and including a horizontal plan, profiles and cross sections.
E.
PRELIMINARY PLANA land development or subdivision plan prepared by an engineer or surveyor registered in the Commonwealth of Pennsylvania in lesser detail than a final plan, showing approximate property lines, proposed streets, drainage facilities, easements and other improvements for consideration prior to preparation of a final plan.
F.
PROFILE PLANA plan prepared by an engineer or surveyor registered in the Commonwealth of Pennsylvania, showing the vertical section of the existing grade and proposed grade along the center line of any proposed street and any street appurtenances to be constructed or installed, which must include a typical cross section of the street construction; part of the required submission for an improvement construction plan.
G.
SKETCH PLANAn optional plan submitted for review and discussion prior to application for preliminary plan approval, not necessarily to exact scale, indicating the location of stream channels, tree masses and other natural features and a general layout of the proposed subdivision or land development.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PUBLIC NOTICE
As defined in Section 107 of the Pennsylvania Municipalities
Planning Code (53 P.S. § 10107).
[Amended 10-10-1995 by Ord. No. 1-1995]
RESERVE STRIP
A parcel of ground in separate (sometimes public) ownership,
separating a street from other adjacent properties or from another
street.
RESUBDIVISION
A change in the map of an approved or recorded subdivision
plat, if such change affects any street layout on such map or area
reserved thereon for public use or any lot line or if it affects any
map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions. Any "resubdivision," other than a minor
lot line adjustment, will constitute a major subdivision.
[Amended 10-10-1995 by Ord. No. 1-1995]
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street,
alley or crosswalk or for any other public or private purpose.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
water.
SETBACK (BUILDING SETBACK LINE)
The line within a property defining the required minimum
distance between any structure and the ultimate adjacent right-of-way
and the line defining side and rear yards where required.
SEWAGE FACILITIES
B.
COMMUNITY SEWAGE COLLECTION, TREATMENT AND/OR DISPOSAL SYSTEMA sanitary sewage system in which sewage is carried from individual dischargers by a system of pipes to one or more common treatment and disposal facilities employing spray irrigation and/or subsurface land-disposal techniques. Treatment and disposal may occur either on site or off site.
C.
PUBLIC SEWAGE SYSTEMAn off-site system for the treatment and disposal of sewage in which sewage is conveyed by interceptor to a publicly operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
SHADE TREE
A tree in a public place, street, special easement or right-of-way
adjoining a street as provided in this chapter.
SHADOW ANALYSIS
A graphic representation of shadows cast by mature landscaping,
screening and structures plotted with regard to topography, slope
and direction at 9:00 a.m., noon and 3:00 p.m. on the date of winter
solstice.
SIGHT DISTANCE
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is unobstructed by traffic.
A.
OBJECT SIGHT DISTANCEShall be measured from a point 4.5 feet above the center line of the road surface to a point 0.5 feet above the center line of the road surface.
B.
VEHICLE SIGHT DISTANCEShall be measured from a point 4.5 feet above the center line of the road surface to another point 4.5 feet above the center line of the road surface.
SOIL PERCOLATION TEST
A field test conducted to determine the suitability of the
soil for on-site sanitary sewage disposal facilities by measuring
the absorptive capacity of the soil at a given location and depth.
SOLAR ENERGY
Radiant energy (direct, diffused or reflected) received from
the sun at wavelengths suitable for conversion into thermal, chemical
or electrical energy.
SOLAR SKYSCAPE
The space between a given location and the sun which must
remain unobstructed between 9:00 a.m. and 3:00 p.m. mean solar time
(winter solstice) in order to permit sufficient solar energy to impinge
on that location to allow efficient solar utilization.
SPECIMEN TREE
A unique, rare or otherwise specifically selected plant or
tree which most typically represents a whole class or group, specifically
in shape, form, historical importance or any other characteristics,
which may be designated as such by the Township.
STATUTORY REVIEW PERIOD
The length of time cited in the Pennsylvania Municipalities
Planning Code (Act 247 of 1968, as amended by Act 170 of 1988, as
amended) required for the municipal review of preliminary and final
plans for subdivision and land development, currently 90 days for
review of each plan officially submitted.
STEEP SLOPE
Those areas of the Township where the slope exceeds 15%.
STORMWATER
Water which surfaces, flows or collects during and subsequent
to rain or snowfall.
STREET
A public (dedicated) or private (nondedicated) right-of-way
intended or used as a means of vehicular and pedestrian circulation.
The word "street" includes but is not limited to the words "road,"
"highway," "thoroughfare" and "way."
A.
COLLECTOR STREETA street designed and located to provide means to drain traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Township to major streets and/or a street used for access to nonresidential properties, i.e., commercial, industrial, professional, etc.
B.
CUL-DE-SAC STREETA local street intersecting another street at one end and terminating at the other end with a permanent vehicular turnaround.
C.
LOCAL STREETA street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
D.
MARGINAL ACCESS STREETA local street parallel and adjacent to a major street (but separated from it by a reserve strip), which provides access to abutting properties.
E.
MAJOR STREET (ARTERIAL)A street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
F.
PRIVATE STREETA local street only abutting lots that is not offered or required to be offered for dedication.
STRUCTURE
Any man-made object having an ascertainable stationary location
on land or water, whether or not affixed to the land.
SUBDIVIDER
Any individual, copartnership or corporation (or agent authorized
thereby) which undertakes the subdivision of land, as defined by the
regulations, as the owner or equitable owner (or agent authorized
thereby) of the land being subdivided.
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. The term "subdivision" includes land
development and resubdivision and, as appropriate in this chapter,
shall refer to the process of subdividing land or to the land subdivided.
[Amended 10-10-1995 by Ord. No. 1-1995]
B.
SUBDIVISION, MINORAny subdivision abutting an existing public street or road involving not more than three lots, parcels of land or other division of land which does not require a new street, the installation of sanitary sewers, storm sewers, water mains or pipes or other public improvements.
SURVEYOR
A licensed surveyor registered in the Commonwealth of Pennsylvania.
TREE MASS
Areas, groves or stands of mature trees (i.e., greater than
six-inch caliper at a height of five feet from the ground) covering
an area greater than 1/4 acre; or groves of mature trees (i.e., greater
than twelve-inch caliper at a height of five feet from the ground)
consisting of more than 10 individual trees.
WATER SUPPLY
A.
INDIVIDUAL SYSTEMA safe, healthful and adequate supply of water to a single user from a private well on the lot of the user.
B.
CENTRAL WATER SUPPLY SYSTEMA system for supply water from a common source or sources to all dwellings and other buildings within a development. The water source may be located on site and/or off site.
WATERCOURSE
A permanent stream, intermittent stream, river, brook, creek
or a channel or ditch for water, whether natural or man-made.