The purpose is to assure sites are suitable for building purposes
and human habitation; to provide for the harmonious development of
the Township; to coordinate existing streets with proposed streets,
parks or other features of the Official Street Plan of the Township;
to ensure adequate open spaces for traffic, recreation, light and
air; to create conditions favorable to the health, safety, and general
welfare of the citizens; to support the goals set forth in the community's
Comprehensive Plan; and to establish subdivision and land development
regulations, including definitions, design standards, plan requirements,
plan processing procedures, improvements and construction requirements,
and conditions of acceptance of public improvements by the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
A landowner, subdivider or developer, as hereinafter defined,
who has filed an application for development, including his heirs,
successors and assigns.
APPLICATION FOR DEVELOPMENT
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.
ARCHITECT
An architect registered by the Commonwealth of Pennsylvania.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
BLOCK
A piece or parcel of land entirely surrounded by public highways,
streets, streams, railroad rights-of-way, or parks, etc., or a combination
thereof.
BOARD
The Zoning Hearing Board of the Township.
BUILDING
Any structure or part thereof affixed to the land.
BUILDING LINE (SETBACK)
A line parallel to, or concentric with, the right-of-way
line of the abutting road right-of-way which is at a distance therefrom
equal to the depth of the front yard required for the zoning district
in which the lot is located.
BUSINESS DAY
Any day when the Township offices are open for regular business.
CARTWAY
The improved, traveled portion of a street as measured from
the front bottom of curb to front bottom of curb or from edge of pavement
to edge of pavement where there are no curbs.
CHAPTER
Reference to this chapter of the Nottingham Township Code
of Ordinances itself, when used generally, and to another chapter
of the Township Code of Ordinances if referenced specifically.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections, defined
by lines of sight between points of the center line at a given distance
from the intersection of street lines.
COMMON OPEN SPACE
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.
COUNTY
Washington County, Pennsylvania.
CROSSWALK
A right-of-way which cuts across a block to furnish access
for pedestrians to adjacent streets or properties.
dbh
The diameter of a tree trunk at breast height, measured at
4.5 feet above natural grade.
DCED
Pennsylvania Department of Community and Economic Development.
DEP
Pennsylvania Department of Environmental Protection.
DEVELOPER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision or development of land
hereunder for himself or for another. The term may be used interchangeably
with "applicant."
DEVELOPMENT PLAN
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.
EASEMENT
A grant by the owner of land for the use of all or a portion
of such by others, including the public, for a specified purpose or
purposes.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
ENGINEERING GEOLOGIST
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
EXCESSIVE SLOPE or STEEP SLOPE
Shall be defined as either of the following: those slopes
as identified on the soil group map as steep slopes of 25% or more;
or any virgin area where, in a 100-foot horizontal distance, the average
slope exceeds 25%.
FILL AND EMBANKMENT
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location, including the condition resulting therefrom.
FINAL PLAN
The plan of a proposed subdivision or land development, including
all supplemental information required by this chapter or by an applicable
Township ordinance to obtain final approval.
FINAL PLAT
The final map of a subdivision or land development which
is submitted for approval by the Supervisors and which, if approved,
will be filed with the County Recorder of Deeds.
FLOODPLAIN
Areas designated by the Federal Emergency Management Administration
and other areas known to be subject to flooding.
GOVERNING BODY
The Board of Township Supervisors, Nottingham Township, Washington
County, Pennsylvania.
GRADE
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill.
GRADING
Excavation or fill, or any combination thereof, including
the conditions resulting from any excavation or fill.
GRADING, ENGINEERED
A grading operation in excess of 5,000 cubic yards and performed
in conformance with a grading plan prepared by a professional engineer.
GRADING, REGULAR
A grading operation of less than 5,000 cubic yards. Where
the site conditions warrant, the Zoning Officer or his authorized
representative may require the submission of a report on the site,
as prepared by a professional engineer, soils engineer or engineering
geologist.
HAZARD
Any danger or potential danger to life, limb or health, or
any adverse effect or potential adverse effect to the safety, use
or stability of property, waterways, public ways, structures, utilities
and storm sewers, including stream pollution.
IMPROVEMENTS
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including but not limited to
grading, pavement, curb, storm and sanitary sewers, gutter, drains,
and betterments to existing watercourses, sidewalks, street signs,
crosswalks, shade trees, sodding or seeding, street name signs, and
monuments.
LAND DEVELOPMENT
A.
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
(b)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
B.
Land development shall not include:
(1)
The addition of an accessory building to a residential principal
use, including farm buildings on a lot or lots subordinate to an existing
principal farm building; or
(2)
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are to be a condominium.
(3)
Improvements to a residential principal use, which may include
and not be limited to decks, porches, additions, outdoor recreation
space, and other similar improvements.
(4)
The expansion of an existing building footprint such that the
expansion footprint is 1,000 square feet or less and no greater than
25% of the existing building footprint.
(5)
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 the definition, 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 proper authorities.
LAND DEVELOPMENT, MINOR
Any of the following:
A.
An addition to an existing building, where such addition will
occupy less than 10,000 square feet of land area.
B.
An expansion of an existing parking lot that will add 25 or
fewer parking spaces.
LANDOWNER
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.
LANDSLIDE-PRONE SOILS
Those soil formations whose characteristics are classified
as being landslide-prone or otherwise sensitive in the Soil Survey
of Washington County.
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.
MASTER PLAN
The Comprehensive Plan (which may consist of several maps,
data, etc.), or any portion thereof, made and adopted by the Washington
County Planning Commission, the Cross Creek Valley Regional Planning
Commission, the Airport West Council of Governments (AWCOG), or the
Township Planning Commission, which shows the location and extent
of physical facilities, including major streets and main thoroughfares,
parks, schools and other public open spaces, and public building sites.
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.
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.
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.
MPC
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, 53 P.S. § 10101 et seq., and as it may be amended.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article
IV of the MPC.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PRELIMINARY PLAN
The plan of a proposed subdivision or land development, including
all supplementary information required by this chapter or applicable
Township ordinance to obtain preliminary approval.
PRIVATE IMPROVEMENTS
Any of the following improvements for which plans must comply
with the minimum requirements of this chapter: streets, walkways,
parking areas, gutters, curbs, water lines, sewers, stormwater management
facilities, landscaping or other facilities to be owned, maintained
or operated by a private entity, such as an individual, corporation
or homeowners' association, including temporary erosion and sedimentation
control or stormwater management control methods undertaken during
construction.
PUBLIC
Owned, operated or controlled by a government agency (federal,
state or local).
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas;
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities; and
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Municipalities Planning
Code.
PUBLIC IMPROVEMENTS
All streets, walkways, gutters, curbs, water lines, sewers,
stormwater management facilities, landscaping and other facilities
to be dedicated to or maintained by the Township or a public entity
for which plans and specifications must comply with the standards
of this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the act of October
15, 1998, P.L. 729, No. 93, (65 Pa.C.S.A. § 701 et seq.),
known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once in a newspaper of general circulation
in the Township. 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 publication shall not be more than 60 days and shall
not be less than seven days from the date of the hearing.
REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination.
RESERVE STRIP
A strip of land controlling access to or egress from other
property (including land dedicated to public use) or to or from any
street or alley, or having the effect of restricting or damaging the
adjoining property for subdivision purposes, or which will not be
taxable or assessable for special improvements.
RESTORATION CHARGE
A fee enacted to be used to restore the ground and/or area
adjacent to where a road or development was constructed.
RIGHT-OF-WAY
The total width of land reserved or dedicated for streets,
sidewalks, alleys or any other public purpose.
SECURITY, MAINTENANCE
Method for developer to secure structural integrity and functioning
of public improvements in accordance with the design and specifications
depicted on the final plan approved by the Township, for a period
of time following the date of acceptance by the Supervisors of dedication
of such improvements. The maintenance security shall be in the form
of a performance bond, federal or commonwealth-chartered lending institution
irrevocable letter of credit and restrictive or escrow accounts in
such lending institutions or such other security as may be acceptable
to the Supervisors. Such financial security shall be posted with a
bonding company or federal or commonwealth-chartered lending institution
chosen by the party posting the financial security, provided that
said bonding company or lending institution is authorized to conduct
such business within the commonwealth.
SECURITY, PERFORMANCE
Method for developer to guarantee proper installation of
public and private improvements specified in the final application.
The performance security shall be in the form of a performance bond,
federal or commonwealth-chartered lending institution irrevocable
letter of credit and restrictive or escrow accounts in such lending
institutions or such other security as may be acceptable to the Supervisors.
Such financial security shall be posted with a bonding company or
federal or commonwealth-chartered lending institution chosen by the
party posting the financial security, provided that said bonding company
or lending institution is authorized to conduct such business within
the commonwealth. The performance security shall include an agreement
between the developer and the Township in which the developer agrees
to install the required improvements in the development.
SIGHT DISTANCE
The maximum distance of unobstructed vision in a horizontal
or vertical plane from within an automobile located at any given point
on a street.
SLOPE
The angle of the existing or proposed ground surface plane
to the horizontal expressed as the ratio of the horizontal to the
vertical, or in percentage of slope (rise or fall per 100 feet).
SOIL SURVEY
The Soil Survey of Washington County, Pennsylvania, as prepared
by the USDA Natural Resources Conservation Service.
SOILS ENGINEER
A registered professional engineer in the Commonwealth of
Pennsylvania having training and experience in soils engineering.
STREET
A way for vehicular traffic, whether designated as a street,
arterial highway, collector, cul-de-sac, parkway, throughway, road,
avenue, boulevard, lane, place, alley, or however otherwise designated
and whether public or private.
A.
ARTERIAL HIGHWAYA principal or heavy traffic street of considerable continuity and used primarily as a through traffic route for intercommunity travel.
B.
COLLECTOR STREETA street which carries traffic from local streets to arterial highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
C.
LOCAL STREETAny street, including cul-de-sac and marginal access streets used primarily for access to the abutting properties.
E.
MARGINAL ACCESS STREETA local street which is parallel and adjacent to the arterial street and which provides access to abutting properties and protection from through traffic.
F.
ALLEYA way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STREET WIDTH
The shortest distance between the lines delineating the right-of-way
or cartway of a street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to affect a subdivision or development of land
hereunder for himself or for another. The term may be used interchangeably
with "applicant".
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or parcels 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.
SUBDIVISION PLAT ADJUSTMENT
An adjustment to a final subdivision plat for any of the
following:
A.
Adjustment of lot lines between lots where no new lots are created,
no new streets or easements of access are created, and no public or
private improvement extensions are involved.
B.
Consolidation of lot lines.
C.
Survey corrections, including final survey corrections of lot
lines for townhouses and other attached dwellings after construction
when in conformance with the previously recorded plan.
SUBDIVISION, MINOR
A subdivision of land into two lots, not involving any new
street or easement of access or extension of public or private improvements.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the Municipalities
Planning Code, 53 P.S. § 10509) 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.
SURVEYOR
A surveyor registered by the Commonwealth of Pennsylvania.
TOWNSHIP
Nottingham Township, Washington County, Pennsylvania.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by the Supervisors as the Engineer
of Nottingham Township.
UTILITY, PRIVATE
Utilities which extend beyond service meters or public utilities,
often on to privately owned property. Examples of private utilities
can include electrical feeders and gas mains running through parking
lots or to critical facilities, such as hospitals or fire stations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
UTILITY, PUBLIC
Any organization which provides services to the general public,
although it may be privately owned. Public utilities include electric,
gas, telephone, water, and television cable systems, as well as streetcar
and bus lines and are regulated by state, county and/or city public
utility commissions under state laws.
WETLANDS
Any area declared by the appropriate state or federal agency
to be a wetland.
This chapter shall not apply to any lot or lots forming a part
of a subdivision or land development created and recorded in the office
of the County Recorder prior to the enactment of this chapter, nor
is it intended by this chapter to repeal, abrogate, annul or in any
way impair or interfere with existing provisions of other laws or
ordinances, except those inconsistent with this chapter, or with private
restrictions placed upon property by deed, covenant or other private
agreement, or with restrictive covenants running with the land to
which the Township is a party. Except that where this chapter impose
a greater restriction upon land than is imposed or required by such
existing provision of law, ordinance, contract or deed, the provisions
of this chapter shall control.
In any case where the Supervisors disapprove a subdivision or
land development plan, any person aggrieved thereby may, within 30
days thereafter, appeal therefrom by petition to the Court of Common
Pleas of the county.