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Borough of Liberty, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 180, 9/6/1955, § 1; as amended by Ord. 343, 7/11/1978, § 1; and by A.O.]
The following words and phrases, as used in this chapter, shall have the meanings hereby ascribed thereto unless the context thereof clearly indicates a different meaning:
BOROUGH
The Borough of Liberty.
BOROUGH PLANNING COMMISSION
The Borough Planning Commission of the Borough of Liberty.
BUILDING LINE
A fixed distance back from the parallel to the nearer sideline of a street between which building line and sideline no enclosed structure shall be erected.
COUNCIL
The Council of the Borough of Liberty.
CUL-DE-SAC
A street with one end open for vehicular and pedestrian access and the other end terminating in a vehicular turn-around.
EASEMENT
A right granted by a property owner to another to use land or some part thereof for one or more specified purposes.
IMPROVED STREET
A minimum right-of-way of 50 feet with a minimum paved cartway of 26 feet between curbs.
LOT
A minimum unit area of a subdivision plan upon which a building may be erected.
MONUMENT
A permanent marker designating a property or lot corner or a street line location with the top at finished grade and grounded below frost level to prevent natural movement.
OWNER
A person who is the registered owner of real estate to be subdivided and/or developed, in accordance with the provisions of this chapter.
PERSON
A natural person, association, firm, partnership or corporation.
PROFILE PLAN
A cloth tracing of the profiles of streets showing the existing profile of each street and the grade to be established and drawn on a scale of not less than one inch equals 50 feet horizontal, and one inch equals 10 feet vertical.
RECORDING PLAN
A plan of a subdivision for recording in the Recorder's Office of Allegheny County, Pennsylvania, prepared and certified by a Registered engineer or surveyor, showing street lines and widths, lot lines and lot numbers, courses and distances, building lines, easements, and such other relevant information which may be required by the rules and regulations of the Allegheny County Planning Commission to be shown on plans submitted to said Commission for its approval (which said rules and regulations and as the same shall be amended and/or changed from time to time, by this reference thereto, are made a part hereof), and each such plan also shall be in conformity with the zoning requirements of the Borough. Every recording plan shall be acknowledged by the owner before a proper person authorized to take acknowledgments in the commonwealth, to be the official plan of the streets in such subdivision and that he desires said plan to be recorded according to law.
SANITARY SEWER PLAN
A plan of the subdivision showing all necessary sanitary sewers and appurtenances including profiles, sizes and locations, and reports suitable for submission to the Department of Environmental Protection for approval for construction of sanitary sewers in the water shed in which the subdivision is located.
STORM DRAINAGE PLAN
A plan of the subdivision showing all necessary storm sewers and appurtenances including profiles, sizes and locations, and the method and point of disposal of all stormwater collected, and the method of drainage of adjacent and continuous territory.
STREET IMPROVEMENT PLAN
A plan or plans with specifications for the grading, paving and curbing of all streets, and the installation of sanitary and/or storm sewers and water mains in the subdivision, all in accordance with the standards adopted by Borough Council.
STREET LIGHT PLAN
A plan of a subdivision showing all necessary streetlights and appurtenances, including fixtures, poles, supports, mains, conduits, service connections, and laterals.
STREET OR AVENUE OR ROAD OR HIGHWAY
The whole or any part of any public or private street or avenue or road or highway including a bridge or culvert, and shall include the cartway, gutter, curb, sidewalk and the whole legal width of the right-of-way with slopes and fills, if any.
SUBDIVISION
The division of a single tract or parcel of land or a part thereof, in the Borough, into two or more lots, including changes in street lines or lot lines, for the purpose, whether immediate or future, of transfer of ownership or of building development; provided, however, that divisions of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, are excepted.
SURVEY
A map of the land to be included in the subdivision, prepared and certified by a Registered Engineer or Surveyor, showing property lines, courses and distances, names of and distances to nearest streets, names of the owners of abutting and/or adjoining property, and the names and places of record of abutting and/or adjoining subdivisions.
The singular shall include the plural and the masculine shall include the feminine and the neuter.
[Ord. 180, 9/6/1955, § 2]
It shall be unlawful for the owner of any land in the Borough of Liberty to make a subdivision thereof or to lay out, construct, open or dedicate for public use or travel, or for the common use of the occupants of buildings thereon, any street, sanitary sewer, storm sewer, water main or other facilities in connection therewith unless and until a plan thereof shall have been prepared by a registered engineer or surveyor and submitted to and approved by the proper Borough official and/or body, as hereinafter provided.
[Ord. 180, 9/6/1955, § 3]
Plans of subdivisions shall first be submitted to the Borough Planning Commission, and second to Council, for approval or rejection. The Borough Planning Commission may request the advice of the Borough Engineer thereon but in any event it shall act upon any such plan within 60 days after submission thereof to it. In the event such a plan is disapproved, the reasons therefor shall be set forth in writing and given or sent to the applicant. Any person aggrieved by a decision of the Borough Planning Commission upon any such plan may appeal to Council within 10 days after such decision shall have been made. Before acting upon a plan of subdivision or upon any such appeal, Council may arrange for a public hearing thereon, after giving such notice as Council may deem desirable in each case. Council shall have authority to seek the advice and opinion thereon of the Borough Engineer, the Borough Solicitor and/or a special committee appointed by Council for such purpose. Council may alter any subdivision plan, and specify alterations, changes or modifications therein which it deems necessary, and may make its approval subject to such alterations, changes or modifications. All such appeals to Council shall be considered by it and a decision rendered thereon within 60 days after such appeal shall have been made. The decision of Council shall be final. In the event such plan is rejected by Council, the reasons therefor shall be set forth in writing and given to the applicant.
[Ord. 180, 9/6/1955, § 4]
1. 
The street improvement plan of a subdivision submitted by the owner for approval shall show and shall include:
A. 
Complete block dimensions with bearings, and all curve data and stations corresponding to those used on the profile; other lot numbers and lot dimensions with bearings; and shall show the profiles of the streets, the course, structure and capacity of any drainage facilities, and the method of drainage of adjacent or contiguous territory.
B. 
Location of all street monuments at street intersections, angle points, and beginning and ending of all curves.
C. 
Curb grades, profiles showing grades, cross sections, rate of grade and bench marks.
D. 
Width of each street showing widths of cartway. All curbing at street intersections shall be circular curves with radius of not less than 15 feet and larger for sharp corners.
E. 
Names of all existing streets shall be continued and there shall be no duplication of street names within the Borough or within the post office service area in which the subdivision is located. The owner shall secure from the United States Postmaster of the post office service area within which the subdivision is located and file with Council a letter certifying that the street names used are not duplications of street names within the same post office service area.
F. 
Course, structure, capacity and design of all drainage appurtenances, including storm and sanitary sewers.
G. 
A right-of-way not less than 20 feet wide, where necessary, for the Borough to construct and maintain sanitary and storm sewers.
H. 
Proper consideration shall be given to the integration of the streets of adjoining tracts already laid out and of adjoining tracts not yet subdivided. No circles, islands, culs-de-sac or circular segments shall be permitted; provided, however, in specific cases where owing to special and unusual topographical conditions a literal enforcement of the terms of this paragraph will result in an unnecessary hardship. Council may permit a cul-de-sac terminating in a vehicular turn-around with a minimum right-of-way radius of 40 feet and an outer paving radius of 30 feet. When a cul-de-sac is desirable, in the opinion of the Borough Planning Commission, to provide for street access to an adjoining property, the proposed street shall be dedicated to the boundary of such property. Such dead-end street shall be provided with a temporary turn-around having a roadway diameter of at least 60 feet.
[Ord. 180, 9/6/1955, § 5]
The storm drainage plan of a subdivision shall be in accordance with good engineering practice and there shall be designated thereon all pipes including their structure and capacity, manholes, catch-basins, drop-inlets and paved gutters.
[Ord. 180, 9/6/1955, § 6; as amended by A.O.]
1. 
The sanitary sewer plans shall be in accordance with the requirements of the Department of Environmental Protection as to flows, capacities, manholes, and support and cover.
A. 
All building lots which are served by a sanitary sewer shall have a width of not less than 50 feet and a total area of not less than 6,500 square feet except where topographic conditions or zoning regulations may require a lesser width and/or area. All building lots serviced by a septic tank shall have a width of not less than 50 feet and a total area of not less than 7,500 square feet. Where a sanitary sewer is not available, the building on any such lot shall be serviced by a septic tank until such time as sanitary sewer service is available, and at such time the septic tank shall be abandoned and a proper connection made with the sanitary sewer.
[Ord. 180, 9/6/1955, § 7]
Each lot in a subdivision plan shall have a building line of not less than 25 feet from the nearer sideline of the street upon which said lot abuts, and also at the rear of such lot, and corner lots shall have a building line of not less than 15 feet along the side street.
[Ord. 180, 9/6/1955, § 8; as amended by Ord. 343, 7/11/1978, § 2]
All storm sewers, where required, and all sanitary sewers and sewer laterals, in conformity with Borough specifications for sanitary sewer construction, shall be installed before the streets shown on the street plans are constructed. All gas, water, electric and other mains, pipes and conduits, together with all service connections or laterals, shall be laid, when the need for the same can be reasonably anticipated, before the streets shown on the plans are constructed. All subdivision plans submitted by an owner or developer for approval shall show and include a streetlight plan, which shall be in accordance with Borough of Liberty, and County of Allegheny, and Commonwealth of Pennsylvania specifications for safety and visibility.
[Ord. 180, 9/6/1955, § 9; as amended by Ord. 277, 2/15/1966, § 2]
1. 
Each street in a subdivision and the type of construction thereof, except as hereinafter provided, shall conform to the following minimum requirements: the right-of-way shall be at least 50 feet wide, not including slopes and fills and shall be graded to its full width; the cartway and adjacent berms shall be thoroughly rolled and compacted before paving; the cartway shall be at least 26 feet wide and a greater width of the right-of-way. The Borough reserves the right in any case to require greater right-of-way widths and greater cartway widths than the minimum contained herein if deemed necessary for any reason.
2. 
All paving and curbing of streets shall be constructed strictly in accordance with the type set forth by the Borough of Liberty Engineers paving standards prepared by J.W. Edmundson & Assoc., Inc., File No. LB 1-50.
3. 
All existing state, county and Borough streets and roads in all plans of lots shall be curbed and the paving between the existing paving and said curbs shall be constructed in accordance with plans and specifications approved in writing by the Commonwealth of Pennsylvania, County of Allegheny, or the Borough of Liberty as the case may be.
[Ord. 180, 9/6/1955, § 10; as amended by Ord. 277, 2/15/1966, § 1]
1. 
After a recording plan has been approved as provided in this chapter, then within 30 days after the date of such approval said plan shall be recorded in the Recorder's Office of Allegheny County, Pennsylvania, and the owner shall forthwith notify the Borough Council in writing of the date and of the record of such recording. After a recording plan shall have been officially recorded, the streets, parks and other public improvements shown on said recording plan shall be considered to be a part of the Official Plan of the Borough. Streets, parks and other public improvements shown on a recording plan may be offered for dedication to the Borough by formal dedication to the Borough by formal notation thereof on such plan, or the owner may note on such plan that such improvements have not been offered for dedication to the Borough. Every street, park, or other improvement shown on a recording plan that shall have been recorded as provided herein shall be deemed to be a private street, park or improvement, until such time as the same shall have been offered for dedication to the Borough and accepted, by ordinance or resolution, or until it shall have been condemned for use as a public street, park or other improvement. Not less than four duplicate copies of the recording plan and not less than the original and three copies of the subdivision plan shall be furnished to Council at the time the recording plan is approved by Council.
2. 
The provision of this section requiring a subdivision plan to be recorded in the Recorder's Office of Allegheny County shall not apply to subdivisions of property for residential use of not more than three lots; provided, however, that where an owner of property capable of being subdivided into more than three lots has a plan approved of only three lots and thereby avoids the recording provisions contained herein, said property owner, his heirs, successors and assigns, shall not hereafter be permitted to have a plan of subdivision of the balance of the property approved without including in said subsequent plan the original lots of the subdivision which were not in a recorded plan.
[Ord. 180, 9/6/1955, § 11; as amended by Ord. 343, 7/11/1978, § 3]
Before approving any subdivision plan and/or the recording plan, Council shall require either that the necessary grading, paving and other street improvements, including, where specified by Council, curbs, water mains, sanitary sewers and storm sewers, and streetlights, shall have been installed by the owner or developer in strict conformity with the standards and specifications of the Borough, or that the Borough be assured by the owner or developer, in the form of a bond or deposit of funds or securities in escrow sufficient to cover the cost to the owner or developer of the required improvements, as estimated by the Borough Engineer, that the said improvements will subsequently be installed by the owner or developer of said subdivided lot, tract, or parcel of land, and within such time limit as may be prescribed by Council in any given case.
[Ord. 180, 9/6/1955, § 12]
No lot in a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected in a subdivision, unless and until a plan of such subdivision shall have been approved and the recording plan properly recorded, and until the improvements required by Council in connection therewith shall have been either constructed or guaranteed as provided in § 22-111 of this chapter. Where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship. Council may make such reasonable exception thereto as will not be contrary to the public interest and may permit the sale of a lot, issuance of a permit, or erection of a building, subject to such conditions necessary to assure adequate streets and other public improvements.
[Ord. 180, 9/6/1955, § 13]
Council may, by resolution, establish and amend from time to time a uniform schedule of reasonable fees to cover the costs and expenses incurred by it, its agents, appointees and/or employees, for studies and reports on all plans submitted to it for approval, and also for the inspection of construction operations, tests of materials, and the acceptance of improvements made by the owner.
[Ord. 180, 9/6/1955, § 14]
The Borough Engineer and Borough Secretary shall be notified in writing by the owner (or by the contractor) at least three days in advance of the commencement of any construction operation, such as grading or paving of streets and/or sidewalks, or sewer or water main installation, in order that provision may be made for the inspection of any such operation. Samples of materials and every reasonable facility for ascertaining whether the work is in conformity with the provisions of this chapter shall be furnished by the contractor in the proper officers and/or employees of the Borough in the same manner as is required of contractors under the terms of the construction specifications of the Borough. Cost of inspection to be borne by the Borough.
[Ord. 180, 9/6/1955, § 15 as added by A.O.]
1. 
In addition to other remedies, the Borough may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
2. 
The Borough may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this chapter. This authority to deny such a permit or approval shall apply to any of the following applicants:
A. 
The owner of record at the time of such violation.
B. 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
C. 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
D. 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
3. 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Borough may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
[Ord. 180, 9/6/1955, § 15 as added by A.O.]
1. 
Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the [Municipality], pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the magisterial district judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation.
2. 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
3. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
4. 
Magisterial district judges shall have initial jurisdiction in proceedings brought under this section.
[Ord. 180, 9/6/1955; as added by Ord. 361, 10/23/1979, Art. 1]
1. 
Purpose. The specific purpose of these provisions is:
A. 
To regulate the subdivision and/or development of land within any designated floodplain district in order to promote the general health, safety and welfare of the Borough.
B. 
To require that each subdivision lot in floodprone areas be provided with a safe building site with adequate access; and that such public facilities which serve such uses be designed and installed to preclude flood at the time of the initial construction.
C. 
To protect individuals from buying lands which are unsuitable for use because of flood by prohibiting the improper subdivision and/or development of unprotected lands within the designated floodplain districts.
2. 
Abrogation and Greater Restrictions. This chapter supersedes any ordinances currently in effect in flood areas. Any other applicable ordinances, however, shall remain in full force and effect to the extent that those provisions are more restrictive.
3. 
Municipal Liability. The grant of a permit or approval of a plan for any proposed subdivision and/or land development to be located within any designated floodplain district shall not constitute a representation, guarantee, or warranty of any kind by the Borough or by any official, agent, or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Borough, its officials or employees.
[Ord. 180, 9/6/1955; as added by Ord. 361, 10/23/1979, Art. 2; and as amended by A.O.]
1. 
Pre-application Procedures.
A. 
Prior to the preparation of any plans, it is suggested that the prospective developers consult with the Pennsylvania Department of Environmental Protection concerning soil suitability when on-site sewage disposal facilities are proposed.
B. 
Prospective developers shall consult the County Conservation District representative concerning the erosion and sediment control and the effect of geologic conditions on the proposed development. At the same time a determination should be made as to whether or not any flood hazards either exist or will be created as a result of the subdivision or development.
2. 
Preliminary Plan Requirements. The following information shall be required as part of the preliminary plan and shall be prepared by a registered engineer or surveyor where the subdivision and/or land development is located as indicated in Subsection 2C.
A. 
Name of engineer, surveyor, or other qualified person responsible for providing the information required in this section.
B. 
A map showing the location of the proposed subdivision and/or land development with respect to any designated floodplain district including information on the one-hundred-year flood elevations.
C. 
Where the subdivision and/or land development lies partially or completely within any designated floodplain districts or where such activities border on any designated floodplain district, the preliminary plan map shall include the following information:
(1) 
The location and elevation of proposed roads, utilities, and building sites, fills, flood or erosion protection facilities.
(2) 
The one-hundred-year flood elevations.
(3) 
Areas subject to special deed restrictions.
All such maps shall show contours at intervals of two or five feet depending upon the slope of the land and identify accurately the boundaries of the designated floodplain districts.
3. 
Final Plan Requirements. The following information shall be required as part of the final plan and shall be prepared by a registered engineer or surveyor where a preliminary plan is required.
A. 
All information required for the submission of the preliminary plan incorporating any changes requested by the Borough.
B. 
A map showing the exact location and elevation of all proposed buildings, structures, roads, and public utilities to be constructed within any designated floodplain district. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the flood-prone areas.
Submission of the final plan shall also be accompanied by all required permits and related documentation from the Department of Environmental Protection, and any other commonwealth agency, or local municipality where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation. The Department of Community and Economic Development, and the Federal Insurance Administrator shall also be notified whenever any such activity is proposed.
[Ord. 180, 9/6/1955; as added by Ord. 361, 10/23/1979, Art. 3]
1. 
General.
A. 
Where not prohibited by this or any other laws or ordinances, land located in any designated floodplain district may be platted for development with the provision that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.
B. 
Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any designated floodway district. Sites for these uses may be permitted outside the floodway district if the sites or dwelling units are elevated up to the regulatory flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend laterally for a distance of at least 15 feet beyond the limits of the proposed structures.
C. 
Building sites for structures or buildings other than for residential uses shall also not be permitted in any designated floodway district. Also, such sites for structures or buildings outside the floodway shall be protected as provided for in Subsection 1B above. The governing body, however, may allow the subdivision and/or development of areas or sites for commercial and industrial uses at an elevation below the regulatory flood elevation if the developer otherwise protects the area to that height or assures that the buildings or structures will be floodproofed at least up to that height.
D. 
If the Borough determines that only a part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.
E. 
When a developer does not intend to develop the plan himself and the Borough determines that additional controls are required to insure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.
2. 
Excavation and Grading. Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult the County Conservation District representative concerning plans for erosion and sediment control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accommodate. Before undertaking any excavation or grading, the developer shall obtain a grading and excavation permit if such is required by the Borough.
3. 
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites.
A. 
Plans shall be subject to the approval of the Borough. The Borough may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.
4. 
Streets. The finished elevation of proposed streets shall not be more than the one foot below the regulatory flood elevation. The Borough may require, where necessary, profiles and elevations of streets to determine compliance with the requirements. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
5. 
Sewer Facilities. All sanitary sewer systems located in any designated floodplain districts, whether public or private, shall be flood-proofed up to the regulatory flood elevation.
A. 
The Borough shall prohibit installation of sewage disposal facilities requiring soil absorption systems where such systems will not function due to high ground water, flooding, or unsuitable soil characteristics or are proposed for location in designated floodplain districts. The Borough may require that the developer note on the face of the plat and in any deed of conveyance that soil absorption fields are prohibited in designated areas.
B. 
The Borough may prescribe adequate methods for waste disposal. If a sanitary sewer system is located on or near the proposed subdivision and/or land development, the Borough shall require the developer to provide sewage facilities to connect to this system where practical, and shall prescribe the procedures to be followed by the developer in connecting to the system.
6. 
Water Facilities. All water systems located in any designated floodplain districts, whether public or private, shall be flood-proofed up to the regulatory flood elevation. If there is an existing public water supply system on or near the subdivision, the Borough shall require the developer to connect to this system where practical, and shall prescribe the procedures to be followed by the developer in connecting to the system.
7. 
Other Utilities and Facilities. All other public and private utilities and facilities including gas and electric shall be elevated or floodproofed up to the regulatory flood elevation.
[Ord. 180, 9/6/1955; as added by Ord. 361, 10/23/1979, Art. 4]
BUILDING
Combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers used for human habitation.
DESIGNATED FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in the Borough Zoning Ordinance [Chapter 27] as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), the Flood-Fringe District (FF), and the General Floodplain District (FA).
DEVELOPER
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 and the subdivision of land.
DEVELOPMENT
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other pavings, utilities, mining, dredging, filling, grading, excavation, or drilling operations and the subdivision of land.
DWELLING
A building designed and constructed for residential purposes in which people live.
ONE HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every one-hundred-years, (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
STRUCTURE
Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, factories, sheds, cabins, mobile homes, and other similar items.
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 division of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.