Unless otherwise expressly stated, the following terms shall,
for the purpose of these regulations, have the meaning indicated:
A. Words in the singular include the plural and those in the plural
include the singular.
B. Words used in the present tense include the future tense.
C. The words "person," or "subdivision," and "owner" include a corporation,
unincorporated association and a partnership, or other legal entity,
as well as an individual.
D. The word "building" includes structure and shall be construed as
if followed by the phrase "or part thereof."
E. The word "watercourse" includes channel, creek, ditch, dry run, spring,
and stream.
F. The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory and directive.
Words and terms used in this chapter shall have the meanings
given in this article. Unless expressly stated otherwise, any pertinent
word or term not a part of this listing but vital to the interpretation
of this chapter shall be construed to have its legal definition, or
in absence of a legal definition, its meaning as commonly accepted
by practitioners, including civil engineers, surveyors, architects,
landscape architects, and planners.
ACCEPTED ENGINEERING PRACTICE
That which conforms to accepted principles, tests or standards
of nationally recognized technical, scientific, and/or engineering
authorities.
APPLICANT
A landowner 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.
BLOCK
An area bounded by existing or proposed streets.
BOND
Any form of surety bond in an amount and form satisfactory
to City Council. All bonds shall be approved by the City Council whenever
a bond is required by regulations.
BUILDING
Any structure or part thereof, affixed to the land.
BUILDING LINE or BUILDING SETBACK LINE
The line nearest the front of and across a lot establishing
the minimum open space to be provided between the front line of building
and structure and the front lot line.
CITY
City of Washington, Washington County, Pennsylvania.
CITY COUNCIL
The City Council of the City of Washington, Washington County,
Pennsylvania.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at intersections defined by
lines of sight between points at a distance of 75 feet from the intersection
of street center lines.
COUNTY
The County of Washington, Commonwealth of Pennsylvania.
CROSSWALK (INTERIOR WALK)
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street.
CUT
An excavation, the difference in vertical elevation between
a point on the surface of original ground and a point on the final
grade. The material removed in excavation.
DE MINIMIS IMPROVEMENT
Nonresidential property improvements which would, by their
use, require less than five parking spaces with a maximum footprint
of the addition being less than 1,000 square feet of new building.
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.
DRIVEWAY
An improved surface for vehicular circulation or access on
a lot or parcel of land.
EASEMENT
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose, and within which
the owner of the property shall not erect any permanent structures,
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee.
ENGINEER
A licensed professional engineer registered as such, in the
Commonwealth of Pennsylvania.
EROSION
The removal of surface materials by the action of natural
elements.
ESCROW
A deposit of cash with the City or escrow agent to secure
the promise to perform some future act.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface, and shall include the conditions resulting therefrom; the
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade; the material
used to make a fill.
FLOODPLAIN
The area along a natural watercourse which is periodically
overflowed by water therefrom.
GUARANTEE, MAINTENANCE
Any security which may be required from the developer by
the City after final acceptance by the City of improvements installed
by the developer. Such security may include irrevocable letter of
credit, cash escrow account or surety bond with a bonding company
or commonwealth or federally chartered financial institution as further
specified in this chapter.
GUARANTEE, PERFORMANCE
Any security which may be required from the developer by
the City in lieu of the requirement that certain improvements be made
before the City approves a developer's subdivision or land development
plan. Such security may include irrevocable letter of credit, escrow
account or surety bond with a bonding company or commonwealth or federally
chartered financial institution as further specified in this chapter.
IMPROVEMENTS
The physical additions, installations, and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities, and drainage facilities.
IMPROVEMENTS, ON-SITE
Improvements, including but not limited to those contained
in the definition of "improvements," that are constructed on the applicant's
property or along the road frontage of the tract being developed up
to the center line of the road.
IMPROVEMENTS, PUBLIC
Improvements, including but not limited to those contained
in the definition of "improvements," that are intended for dedication
to the City or other municipal body or authority, either in fee or
in easement.
LAND DEVELOPMENT
Any of the following activities:
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;
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants or landowners by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features;
or
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.
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.
MARKER
A metal pipe or pin of at least one-half-inch diameter, and
at least 24 inches in length.
MONUMENT
A stone or concrete monument with a flat top at least four
inches in diameter square, containing a copper or brass dowel (plug),
and at least 24 inches in length. The bottom, sides or radius should
be at least two inches greater than the top, to minimize movements
caused by frost.
PLAN, FINAL
A complete and exact map or plan of a subdivision or land
development (and including all required supplementary data), prepared
for official recordings as required by statute to define property
rights and proposed streets and other improvements; said plan shall
be prepared by an engineer, architect, landscape architect or surveyor
registered in the Commonwealth of Pennsylvania.
PLAN, MAJOR STREET
That element of the Comprehensive Plan, as adopted, which
shall show the general location, alignment and dimensions, and the
identification and classification of existing and proposed streets,
highways, and other thoroughfares.
PLAN, OFFICIAL
The Comprehensive Development Plan (Master Plan) and/or Future
Land Use Plan and/or Ultimate Right-of-Way and/or Official Map or
other such plans, or portions thereof, as may be adopted pursuant
to statute for the area of the City in which the subdivision or land
development will be located.
PLAN OF RECORD
The copy of the final plan, which contains the required original
endorsements and which is intended to be recorded with the county
Recorder of Deeds.
PLAN, PRELIMINARY
A tentative map or plan of a subdivision or land development
(and including all required supplementary data), 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;
said plan shall be prepared by an engineer, architect, landscape architect
or surveyor registered in the Commonwealth of Pennsylvania.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PUBLIC GROUNDS
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.
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body, Planning Commission, or other municipal agency, intended to
inform and obtain testimony and public comment prior to taking action,
in accordance with the Pennsylvania Municipalities Planning Code, as amended.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act." ("...any prearranged gathering of an agency which is attended
or participated in by a quorum of the members of an agency, held for
the purpose of deliberating agency business or taking official action.").
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
RESUBDIVISION
Any replatting or resubdivision of land, limited to changes
in lot lines on approved final plan or recorded plans as specified
in these regulations. Other replattings shall be considered as constituting
a new subdivision of land.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied at some
future date by roads, railroads, transmission lines, pathways, oil
and gas pipe lines, water lines, sewer lines, and other similar facilities.
RUNOFF
The surface water discharge or rate of discharge of a given
area or watershed after the fall of rain or snow that does not enter
the soil but runs off the surface of the land.
SANITARY SEWAGE DISPOSAL, PUBLIC
A sanitary sewage collection system, managed and operated
by a public authority in which sewage is carried from individual lots
by a system of pipes to a central treatment and disposal plant.
SANITARY SEWER
A system of pipes, conduits or other conveyances which carry
industrial waste and domestic waste from residential dwellings, commercial
buildings, industrial and manufacturing facilities and institutions,
whether treated or untreated, to the sewage treatment plant utilized
by the City and which stormwater, surface water or groundwater are
not intentionally admitted.
SECURITY
A letter of credit, surety bond, certified check, or cash
escrow provided by the applicant to secure its promises regarding
public improvements associated with an approved subdivision or land
development.
SEDIMENTATION
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 considered sediment.
SLOPE
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon.
SOIL STABILIZATION
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
STORM SEWER
A system of pipes, conduits or other conveyances which carry
stormwater, surface runoff and snowmelt runoff to a discharge point.
STORMWATER MANAGEMENT PLAN
A plan adopted by Washington County pursuant to the Pennsylvania
Storm Water Management Act (Act 167 of 1978).
STORMWATER RUNOFF
Water from rainfall or melting snow in a watershed in excess
of the natural absorbency of that watershed, which flows over the
ground surface to collect in streams and channels.
STREETS AND ALLEYS
A.
STREETA way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
B.
ALLEYA minor way which in used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. In the City of Washington, all minor ways formerly designated as "alley" were, by Ordinance No. 1099 (September 27, 1971), dedicated as "avenue."
D.
COLLECTOR STREETA street which carries traffic from minor streets to arterial or major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
F.
MARGINAL ACCESS STREETA minor street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
G.
MINOR STREETA street used primarily for access to the abutting properties.
H.
STREET WIDTHThe shortest distance between the lines delineating the right-of-way of a street.
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.
SUBDIVISION, MAJOR
All subdivisions not classified as minor subdivisions, including
but not limited to subdivisions of four or more lots, or any size
subdivision requiring a new street or extension of the municipal facilities
or the creation of public improvements.
SUBDIVISION, MINOR
Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Chapter
350, Zoning, or other pertinent regulations. Minor subdivisions include lot line adjustments and simple conveyances, as defined herein:
A.
LOT LINE ADJUSTMENTA proposal between two abutting, existing, legally approved and recorded lots in which a lot line between the two lots is proposed to be adjusted in terms of its location or configuration. Reasons for lot line adjustments include:
(1)
Correcting errors regarding locations of existing improvements
(e.g., if the driveway for Lot No. 1 is located on Lot No. 2);
(2)
Relating the line to definitive physical characteristics (e.g.,
to adjust the line to run along an existing hedgerow);
(3)
Preferences of the landowners involved.
B.
SIMPLE CONVEYANCEA proposal between two abutting, existing, legally approved and recorded lots in which a portion of one lot is being divided off to be conveyed to the owner of the abutting lot. The land area to be conveyed in a simple conveyance generally does not comply with one or more of the dimensional standards of the district in which the lots are located.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant) 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 land surveyor, registered as such in the Commonwealth of
Pennsylvania.
SWALE
A low lying stretch of land which gathers, or carries, surface
water runoff.
WATERCOURSE
A depression which carries the flow of surface water, including
permanent and intermittent streams, brooks, creeks, channels, ditches,
swales, and rivers.
ZONING OFFICER
The person or agency appointed by City to administer and enforce the provisions of Chapter
350, Zoning. The term "Zoning Officer" shall also include any duly appointed staff or assistants.