Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings herein indicated.
The present tense shall include the future; the singular number shall
include the plural of the singular; words used in the masculine gender
shall include the feminine and the neuter; the word "shall" is always
mandatory; the word "may" is always permissive.
[Amended 1-13-1992 by Ord. No. 497; 2-21-2013 by Ord. No. 13-05]
As used in this chapter, the following terms shall have the
meanings indicated:
A flood that, on the average, is likely to occur once every
100 years.
A minor way, whether or not legally dedicated, intended and
used primarily for access to the rear of properties which abut on
a street.
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 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.
An area, divided into lots, and usually bounded by streets.
The Borough of Sharpsburg, Allegheny County, Pennsylvania.
The Borough Council of the Borough of Sharpsburg, Allegheny
County, Pennsylvania.
A combination of materials to form a permanent structure,
including, but not limited to, all mobile homes and trailers.
The portion of a street or alley improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street center lines.
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.
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, together with individual ownership in fee of a particular
unit or apartment in such building or on such parcel of land, and
may include dwellings, offices and other types of space in commercial
and industrial buildings or on real property.
The County of Allegheny, Pennsylvania.
The Planning Commission of the County of Allegheny.
A minor street intersecting another street at one end and
terminated at the other by a vehicular turnaround.
An excavation. The difference between a point on the original
ground and 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.
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation in a one-hundred-year flood as designated in the Borough of Sharpsburg Zoning Ordinance, as amended (Chapter 27).
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 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, 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.
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.
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.
The land 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.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
Any building which is designed for human living quarters,
but not including hotels, boardinghouses, tourist cabins, motels and
other accommodations used for transient occupancy.
A grant of limited use of private land for a public or quasi-public
purpose.
A registered professional engineer in Pennsylvania designated
by the Borough of Sharpsburg.
The engineering criteria of the Borough of Sharpsburg regulating
the installation of any improvement or facility. In the absence of
such Borough of Sharpsburg engineering criteria, the applicable standards
of the Allegheny County Subdivision and Land Development Ordinance
shall apply.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed. It 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. It shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation of the final grade. The material
used to make fill.
The area along a natural watercourse which may from time
to time be overflowed by water therefrom.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of the one-hundred-year
magnitude.
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, installation, and changes required
to render land suitable for the use intended, including, but not limited
to, grading, paving, curbing, streetlights and signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, crosswalks, driveways, culverts and street shade
trees.
A right-of-way or easement for pedestrian use, extending
from a street into a block or across a block to another street.
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, as defined herein.
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, or other
person having a proprietary interest in the 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.
A lot described in a deed or shown on a plan of lots which
has been recorded in the office of the Recorder of Deeds of Allegheny
County, Pennsylvania.
A lot abutting upon two or more streets at their intersection,
the front of which shall be considered to be the frontage of least
dimension on a street, except that, where any two frontages shall
each exceed 150 feet in length, either frontage may be designated
as the "front" of the lot.
An interior lot which abuts streets in both the front and
rear.
A lot having side lot lines which do not abut on a street.
The distance between the side lot lines measured at the building
setback line.
A lot of record at the time of the adoption of this chapter
which by reason of area or dimension does not conform to the requirements
of this chapter.
A lot extending between and having frontage on an arterial
street and a local access street and with vehicular access solely
from the latter.
Any security, other than cash, which may be accepted by the
Borough of Sharpsburg for the maintenance of any improvements required
by this chapter.
Any subdivision not classified as a minor subdivision.
A wood or 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.
The subdivision of land into not more than two parcels located on an existing improved street that does not involve installation of improvements as required by this chapter extension of utilities, frontage on an arterial or collector street, adverse effect to the development of the remaining parcel, adverse effect to adjoining properties, and conflict with the Borough of Sharpsburg's Comprehensive Plan, Zoning Ordinance (Chapter 27), any portion of this chapter or other state, county or Borough of Sharpsburg ordinances, laws or regulations.
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.
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 of mobile homes.
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.
Act of Assembly of July 31, 1968, P.L. 805, as amended.[1]
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 owner, or
other person having a proprietary interest in the land, shall be deemed
to be an owner for the purpose of this chapter.
Any security which may be in lieu of a requirement that certain
improvements be made before the Borough Council approves a final subdivision
or land development plan, including performance bonds, escrow agreements,
and other similar collateral or surety agreements.
An individual, partnership, corporation or other legally
recognized entity.
A complete and exact subdivision plan or land development
plan prepared for official recording as required by statute to define
property rights and proposed streets and other improvements.
A tentative subdivision plan or land development plan in
lesser detail than a final plan, showing approximate proposed street
and lot layout as a basis for consideration prior to preparation of
a final plan.
An informal plan, subdivision or land development plan, not
necessarily to scale, indicating salient existing features of a tract
and its surroundings and the general layout of the proposed subdivision.
A plan for controlling erosion and sediment during construction
which shall provide all steps, including scheduling, to assure erosion
and sediment control during all phases of construction, including
final stabilization.
The Planning Commission of the Borough of Sharpsburg.
The map or plan of a subdivision or land development, whether
preliminary or final.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Any subdivision or transfer of land, laid out on a plan which
has been approved by the Borough Council, which changes or proposes
to change property lines and/or public rights-of-way not in strict
accordance with an approved plan.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
A narrow parcel of ground having inadequate area for building
purposes, separating a street or a proposed street from other adjacent
properties.
Land legally dedicated for public purposes, including, but
not limited to, any street, alley or interior walk.
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.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited or remains suspended in water, it is usually referred to
as "sediment."
A watertight tank in which raw sewerage is broken down into
solid, liquid and gaseous phases to facilitate further treatment and
final disposal.
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 real yards, where required.
A system of piping, tanks or other facilities serving a lot
and collecting and disposing of sewage in whole or in part into the
soil.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
The portion of a roadway (cartway) between the curb or gutter
and the travelway intended for emergency and parking use.
The extent of unobstructed vision, in a horizontal or vertical plane, along a street, as defined in § 22-504 of this chapter.
The face of an embankment of cut section; any ground whose
surface makes an angle with the plane of horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for on-site sewage disposal.
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. "Street" shall also include the following:
LOCAL ACCESS STREETSThose used primarily to provide access to abutting properties.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept local access streets and provide routes to community facilities and to arterial streets.
ARTERIAL STREETSThose serving large volumes of comparatively high-speed and long-distance traffic, and include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with the arterial street.
HALF OR PARTIAL STREETA street generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for satisfactory improvement and use of the street.
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, transfer of ownership, or building
or lot development: provided, however, that the subdivision by lease
of land for agriculture purposes into parcels of more than 10 acres,
not involving any new street or easement of access or residential
dwellings, shall be exempted. The term "subdivision" includes the
land development, resubdivision and, as appropriate in this chapter,
shall refer to the process of subdividing land or to the land subdivided.
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 pursuant to Section 509 of the Pennsylvania Municipalities
Planning Code) 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 licensed surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of land characterized as a depression,
used to carry surface water runoff.
Surface soils and subsurface soils which normally are fertile
soils and soil material ordinarily rich in organic matter or 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 part of the property, structure or building designated
or intended for any type of independent use, which has direct exit
to a public street or way or to an easement or right-of-way leading
to a public street or way, and includes a proportionate undivided
interest in the common elements which are assigned to the property,
structure or building.
Any waterworks, 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 a municipality.
A stream of water, river, brook, creek or channel or ditch
for water, whether natural or man-made.
[1]
Editor's Notes: See 53 P.S. § 10101 et seq.
