[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2,
12/13/1988; Ord. No. 2006-1, 6/20/2006]
1.
For the purpose of this chapter, certain terms or words used herein
shall be interpreted as follows, terms or words not defined herein
shall be defined as provided in Act 247, "The Pennsylvania Municipalities
Planning Code":[1]
A.
The word "person" includes a firm, association, organization, partnership,
trust company, or corporation as well as an individual; the present
tense includes the future tense, the singular number includes the
plural, and the plural number includes the singular; words of the
masculine gender include feminine gender; words of feminine gender
include masculine gender.
B.
The word "shall" is mandatory; the word "may" is permissive.
C.
The word "includes" or "including" shall not limit the term to the
specific example but is intended to extend its meaning to all other
instances of like kind and character.
D.
The word "lot" includes the words "plot" and "parcel."
E.
The term "subdivision" is defined in this section and also includes
any division of a parcel or area of land by improvement into two or
more units, although the owner does not transfer legal or equitable
title or any interest therein to any certain portion thereof (for
example, row houses or semidetached dwellings retained for rental
purposes).
F.
The words "used" or "occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied, or maintained."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2,
12/13/1988; Ord. No. 2006-1, 6/20/2006]
As used in this chapter, the following terms shall have the
meanings indicated:
A landowner or developer who has submitted a subdivision
or drainage plan or filed an application for the approval to engage
in any applicable activities defined in this chapter.
A parcel of land bounded by streets, railroad rights-of-way,
waterways, parks, unsubdivided acreage, or a combination thereof.
A line which designates the minimum distance that a building
must be erected from a street right-of-way. Said line is a specified
distance from, and generally parallel to, the street right-of-way
line, or lines, upon which the lot abuts.
That portion of the street right-of-way surfaced for vehicular
use. Width is determined from face of curb to face of curb or from
one edge of driving surface to the other edge of driving surface.
A concept of design and site planning in which several houses
are grouped together on a tract of land. Each cluster of houses is
set off from others by an intervening space, often held for the common
enjoyment of the neighboring residents or the community at large,
and helps give visual definition to each individual group.
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 the planned residential development,
not including streets, off-street parking areas, and areas set aside
for public facilities.
Those coordinated plans which have been prepared and adopted
by the Planning Commission for the guidance of the physical and other
generally advantageous development of the Township and include the
objectives of the Township concerning its future development, a plan
for land use, a plan for movement of people and goods, a plan for
community facilities and utilities, and a statement indicating the
relationship of the Township and its proposed development to adjacent
municipalities and areas.
A short street having one end open to traffic and being terminated
at the other end by a vehicular turnaround.
A structure with appurtenant works which carries a stream
under or through an embankment or fill.
An excavation; the material removed in excavation; the difference
between a point on the original ground and a designated point of lower
elevation on the final grade.
The deliberate appropriation of land by its owner for any
general or public use, reserving unto himself no other rights than
such as are compatible with the full exercise and enjoyment of the
public use to which the property has been appropriated.
The magnitude and temporal distribution of precipitation
from a storm event, measured in probability of occurrence (e.g., a
ten-year storm) and duration (e.g., 24 hours), used in the design
and evaluation of stormwater management systems.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
An individual, firm, association, syndicate, partnership,
corporation, trust, or any other legal entity, or agent hereof, that
undertakes the activities covered by these regulations, particularly
the drawing-up of the subdivision plan or a land development showing
the layout of the land and the public improvements involved therein.
Inasmuch as the subdivision plan is merely a necessary means to the
end of assuring satisfactory development, the term "developer" is
intended to include the term "subdivider," "owner" and "builder,"
even though the persons involved in successive stages of the project
may vary.
Any man-made change to improve or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A grant by a property owner to specific persons or to the
public of the right to use that property for a specific purpose, as
utilities and drainage.
A person licensed to practice in the Commonwealth of Pennsylvania
as a registered professional engineer or registered surveyor.
A single-family residence, whether stand-alone or part of
a multifamily structure, apartment building, townhouse, or other structure
or the equivalent nonresidential structure that produces 400 gallons
per day of wastewater flow.
The natural process by which the surface of the land is worn
away by the action of water, wind or chemical action.
A plan setting forth the methods to prevent accelerated erosion
and sedimentation resulting from earthmoving activities, including,
but not limited to, excavations, embankments, land development, subdivision
development, and the moving, depositing or storing of soil, rock or
earth.
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.
Any act by which earth, sand, gravel, rock or any other similar
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.
A general but temporary condition of partial or complete
inundation of normally dry land area from the overflow of streams,
rivers or other waters of this Commonwealth.
The area along a natural watercourse which is periodically
overflowed by water therefrom.
The channel of the watercourse and those portions of the
adjoining floodplains that are reasonably required to carry and discharge
the 100-year-frequency flood. Unless otherwise specified, the boundary
of the floodway is as indicated on maps and flood insurance studies
provide by FEMA. In an area where no FEMA maps or studies have defined
the boundary of the 100-year-frequency floodway, it is assumed, absent
evidence to the contrary, that the floodway extends from the stream
to 50 feet from the top of the bank of the stream.
The 100-year floodway and that maximum area of land that
is likely to be flooded by the 100-year flood, as shown on the floodplain
maps.
A surface that has been compacted or covered with material
to the extent that it is highly resistant to infiltration by water,
including, but not limited to, conventional impervious surfaces such
as paved streets, roofs, compacted stone, and sidewalks. In addition,
the following shall be considered impervious surfaces when used by
motor vehicles: graveled areas, paver blocks, and cobblestone.
A retention or detention basin designed to retain stormwater
runoff.
Those physical changes to the land necessary to produce usable
and desirable land from raw acreage, including, but not limited to,
grading, paving, curb, gutter, storm sewers and drains, improvements
to existing watercourses, sidewalks, street signs, crosswalks, shade
trees, sodding or seeding, monuments, water supply facilities, and
sewerage disposal facilities.
A plan required under this chapter to be submitted with the
building permit application, or a subdivision plan and all nonresidential
developments, to show how compliance with the provisions of this chapter
and the County Watershed Stormwater Management Plan, if any, will
be accomplished.
A surface connection to a closed drain; a structure at the
diversion end of a conduit; the upstream end of any structure through
which water may flow.
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; or
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.
The following shall be excluded from the definition of "land
development" only when such land development involves:
[Added by Ord. No. 2022-6, 8/9/2022]
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 intended to be a condominium;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
A building site that is described by reference to a recorded plat or by metes and bounds, which has direct legal access to a street or has access to a street over an easement approved by the Board of Supervisors, and is intended as a unit for transfer of ownership or development. (See also § 22-201 hereof.)
The following diagram illustrates terminology used in these
regulations with reference to corner lots, interior lots, reversed
frontage lots and through lots:
CORNER LOTA lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°. See lots marked a* in the diagram.
INTERIOR LOTA lot other than a corner lot with only one frontage on a street other than an alley.
THROUGH LOTA lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as "double frontage lots."
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FLAG LOTA lot, tract or parcel of land ("flag" segment) whose frontage includes a narrow, contiguous strip of land ("pole" segment), abutting a street and intended to serve as the only means of vehicular and pedestrian entry, egress and regress.
[Added by Ord. No. 2022-6, 8/9/2022]
Any financial security, acceptable under Article V of the
Pennsylvania Municipalities Planning Code,[1] which may be accepted by a municipality or Butler County
for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor and/or simple subdivision;
specifically those creating more than 10 parcels of land, including
the residential or remaining tract/parcel. For the purpose of this
chapter, all land developments shall be considered a major subdivision,
regardless of whether or not they include an actual subdivision of
land (see "land development").
The subdivision of land into not more than 10 parcels, including
the residential property, located on an existing improved public street/road
that does not involve the construction, installation, or dedication
of new streets, utilities, or other public improvements.
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 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.
The term does not include recreational vehicles or travel trailers.
An area of land, controlled by one landowner, to be developed as a single entity for a number of dwelling units, or a combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk or type of dwelling, use, density, intensity, lot coverage, and required open space to the regulations established in Chapter 22, Subdivision and Land Development.
Forward Township.
Any structure or assembly of materials including fill above
or below the surface of land or water and as activity which might
impede, retard, or change flood flows. The planting, cultivation,
or harvesting of field or orchard crops or the grazing of livestock,
including the maintenance of necessary appurtenant agricultural fencing,
shall not be considered an obstruction under this definition and shall
not be subject to regulation under this chapter.
The highest level of flooding that, on the average, is likely
to occur every 100 years; that is, that has a 1% chance of occurring
each year.
The 100-year floodway and that maximum area of land that
is likely to be flooded by a 100-year flood as shown on the floodplain
maps provided by Federal Emergency Management to the municipality.
An individual sewage system serving a single lot and located
on the single lot it serves, which uses a system of piping, tanks,
or other facilities for collecting, treating or disposing of sewage
into a soil absorption area, spray field, retention in a retaining
tank, or into the waters of the commonwealth.
A point where the municipality's storm sewer system discharges
to surface waters of the commonwealth.
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
Involves the use of impervious parking areas as temporary
impoundments with controlled release rates of stormwater runoff during
rainstorms.
The maximum rate of stormwater runoff from a specific storm
event.
An individual, partnership, public or private association
or corporation, or a governmental unit, public utility or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
The Planning Commission of Forward Township.
A complete and exact subdivision plan, prepared for official
recording as required by statute, to define property rights, streets
and all other improvements.
A tentative subdivision plan, in lesser detail than a final
plan, showing approximate street and lot layout as a basis for consideration
prior to preparation of a final plan.
A vehicle with or without motor power which may be towed
on the public highways without a special hauling permit, or which
may be driven under its own power, and which is designed for human
occupancy under transient circumstances such as camping, travel, or
other recreation; sometimes variously known as a "travel trailer"
or a "camping trailer." Such recreational vehicle is not used as a
permanent dwelling. Leased areas for parking recreational vehicles
shall meet requirements for mobile home parks.
The percentage of predevelopment peak rate of runoff from
a site of subarea to which the post-development peak rate of stormwater
runoff must be reduced to protect downstream areas.
Am impoundment in which stormwater is stored and not released
during the storm event. Stored water may be released from the basin
at some time after the end of the storm.
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur. For example, the twenty-five-year
return period rainfall would be expected to recur on the average once
every 25 years.
A lot in which the frontage is at right angles, or approximately
right angles, to the general pattern in the area involved. A reversed
frontage lot may also be a corner lot or an interior lot (see "a-d"
and "b-d" in the diagram following the definition of "lot types" above).
Land reserved for use as a street, alley, interior walk,
utility, or for other public or private purposes.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow, or snowmelt that does not
enter the soil but runs off the surface of the land.
The process by which mineral 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 system, either privately or publicly owned, for the collection
of sewage and/or industrial wastes of a liquid or semisolid nature
from two or more lots and for the treatment or disposal of the sewage
or industrial waste on one or more of the lots or at any other site.
A system of piping, tanks, or other facilities serving a
single lot for collecting, treating, and disposing of domestic sewage
into the soil or into the waters of the commonwealth or by means of
conveyance to another site for formal disposal.
The subdivision of land into not more than three parcels,
including the residual property, located on an existing improved public
street/road that does not involve the construction, installation,
or dedication of new streets, utilities, or other public improvements.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
A method of determining the ability of soil to absorb moisture
under certain conditions. It is used to measure the amount of water
assimilated by the soil in inches of drop per time interval, and indicates
the problems that will occur in utilization of on-lot sewage disposal.
The chemical or structural treatment of a mass of soil to
increase or maintain its stability or otherwise ensure its resistance
to erosion, sliding or other movement.
A depression in the embankment of a pond or basin which is
used to pass peak discharge greater than the maximum design storm
controlled by the pond.
The number of times that a given storm event occurs or is
exceeded on the average in a stated period of years.
A system of pipes and/or open channels that convey intercepted
runoff and stormwater from the other sources, but excludes domestic
sewage and industrial wastes.
The total amount of precipitation reaching the ground surface.
An avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct and any other ways used by vehicular traffic or pedestrians,
whether public or private. Classes of streets are as follows:
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Major traffic streets are those serving large volumes of comparatively
high-speed and long-distance traffic. Traffic is fed into major streets
by collector streets.
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Collector streets are those which, in addition to giving access
to abutting properties, intercept minor streets or marginal access
streets and provide routes, carrying considerable volumes of traffic,
to community facilities and to major traffic streets.
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Local streets are those used primarily to provide access to
abutting property.
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Marginal access streets are minor streets, parallel and adjacent
to major traffic streets, providing access to abutting properties
and control of intersection with and access on the major traffic streets.
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Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the stormwater management
plan.
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 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.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started, or,
if the structure has been damaged and is being restored, before the
damaged occurred. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimension of the
structure. The term does not, however, include either any project
for improvement of a structure to comply with the existing state or
local health, sanitary or safety code specification, which are solely
necessary to assure safe living conditions, or any alteration to a
structure listed on the National Register of Historic Places or the
State Inventory of Historic Places.
A low-lying stretch of land which gathers or carries surface
water runoff.
Surface soil and subsurface soil which presumably are fertile
soils, and soil material ordinarily high in organic matter or human
debris.
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water, whether natural or man-made.
The entire region or area drained by a river or other body
of water, whether natural or artificial.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
