For the purpose of this chapter, those words not specifically
defined herein shall have the meanings as expressed in Webster's
New World Dictionary on file in the office of the Zoning Officer.
Certain terms and words used herein shall be interpreted or defined
as follows:
A.
Words used in the present tense shall include the future.
B.
Words used in the singular include the plural.
C.
The word "person" includes an individual, partnership, public or
private association or corporation, firm, trust, estate, municipality,
governmental unit, public utility or other legal entity which is recognized
by law as the subject of rights and duties.
D.
The word "lot" includes the words "plot" or "parcel."
E.
The term "shall" is always mandatory.
F.
The term "may" is always permissive.
G.
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
H.
The word "building" includes the word "structure."
I.
The words "he" or "his" include the words "she" or "her."
J.
Unless otherwise specified, all distances shall be measured horizontally.
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings herein indicated.
See also definitions in the Fairview Township Zoning Ordinance.[1]
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
A private drive providing access between a public or private
street to a parking facility within a commercial/industrial development.
Americans with Disabilities Act.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
A landowner or developer or one possessing the authorization
to act on behalf of the landowner, who has filed an application for
development.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the 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.
Set of drawings submitted by a contractor, developer, landowner
or the like upon completion of a land development or subdivision project.
These drawings shall reflect all changes made in the specifications
and working drawings during the construction process, and show the
exact dimensions and location of all elements of the work completed
under the approved project.
A municipal sewer or water line is considered available if
it is within 1,000 feet or less from the nearest point of a subdivision.
The governing body of Fairview Township.
Open spaces, landscaped areas, fences, walls, berms, or any
combination thereof used to physically separate or screen one use
or property from another.
An imaginary line located a fixed distance from any lot line
and interpreted as being the nearest point that a building may be
constructed to the lot line. The building line shall limit the location
of structures such as decks, porches, patios and all similar construction,
steps excepted, to the face of this line as specified in the Fairview
Township Zoning Ordinance.
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
edge of driving surface to the other edge of driving surface.
A triangular area of unobstructed vision at an intersection
of two or more streets, access drives, alleys, or any combination
of the foregoing. It is defined by lines of sight between points at
a given distance from the intersection of the center lines of the
streets, access drives, or alleys. (See also Zoning Ordinance)
Those areas specifically designated in the Fairview Township
Zoning Ordinance as being subject to existing or potential erosion
problems.
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.
The comprehensive, long-range plan document for the desirable
use of land in Fairview Township; the purpose of such plan being,
among other things, to serve as a guide for the zoning and progressive
rezoning of land to meet changing community needs, in subdividing
and use of undeveloped land and in the acquisition of land for such
public purposes as streets, parks, schools and other public buildings,
and is known as the "2012 Fairview Township Comprehensive Plan" and
shall include any amendments or revisions from time to time.
An obligation defined by law or agreement, the violation
of which can be restrained by court action; these are usually stated
in the deed.
A minor street with one end open to traffic and pedestrian
access and permanently terminated by a vehicular turnaround.
A lighting fixture from which no more than 2.5% of its lamp's
intensity is emitted at or above a horizontal plane drawn through
the bottom of the fixture and no more than 10% of its lamps intensity
is emitted between 80° and that horizontal plane.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of Erie County.
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.
A lot which is not a corner lot and abuts two or more streets,
with possible vehicular access to both streets.
A private drive providing access between a public or private
street and parking for a single unit of occupancy, farm, or land development
complying with the Zoning Ordinance. (See also the Township Driveway
Ordinance.)
[2]Grant by a property owner of the use, for a specific purpose
or purposes, of a strip of land by the general public, a corporation
or a certain person or persons.
The Municipal Engineer of Fairview Township, unless otherwise
stated.
The erection, construction, alteration or maintenance by
public utilities or municipal departments or commissions, including
buildings necessary for the furnishing of adequate services for the
public health, safety or general welfare.
A lot that has either an L- or T-shaped configuration with
one side abutting a street right-of-way.
Delineation is based upon those areas identified in the Flood
Insurance Study. Those land areas adjacent to the floodway required
to carry the discharge of a flood of the 100-year magnitude, and requiring
any new construction to be 1 1/2 feet above the elevation under
specific construction provisions.
Those areas specifically designated in the Township Zoning
Ordinance as being subject to inundation by the waters of a 100-year
flood and including those areas as Floodway (FW) and Flood-fringe
(FF).
The areas identified as "floodway" in the Flood Insurance
Study (FIS) prepared by the Federal Emergency Management Agency (FEMA).
The term shall also include floodway areas which have been identified
in other available studies or sources of information for those floodplain
areas where no floodway has been identified in the FIS prepared by
FEMA.
A unit of incident light stated in lumens per square foot
and measurable with an illuminance meter, aka footcandle or light
meter.
The open space extending across the entire width of the lot
between the front building line and the street right-of-way line.
A lighting fixture from which none of its lamp's intensity
is emitted at or above a horizontal plane drawn through the bottom
of the fixture and no more than 10% of the lamp's intensity is
emitted between 80° and that horizontal plane;
A lighting fixture, from which, in the installed position,
none of its light output, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the fixture (excepting only incidental reflections from supporting
brackets or arms), is projected above the horizontal plane through
the fixture's lowest light-emitting part, as determined by photometric
test or certified by the manufacturer. Any structural part of the
fixture providing this shielding shall be permanently affixed.
The sensation produced by lighting that causes an annoyance,
discomfort, or loss in visual performance and visibility to the eye.
The quantity of incident light measured in footcandles.
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 non-residential
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.
"Land development" does not include development which involves:
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.
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 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 the proper authorities.
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 persons having a proprietary interest in 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.
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan.
The horizontal distance between the front and rear lot lines.
A piece of ground that existed as an independent lot on the
records of the county prior to its inclusion by the Fairview Township
Ordinance.
The horizontal distance measured along the street right-of-way
line, or between the two intersections of the street right-of-way
of the cul-de-sac and the property line.
A lot abutting two or more streets at their intersection
and on which the building line for both streets must be observed.
The light-output rating of a lamp (light bulb), as used in
the context of this chapter.
A complete lighting unit.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator or mediators to assist them in
jointly exploring and settling their differences, culminating in a
written agreement which the parties themselves create and consider
acceptable.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
erection thereon of a single 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.
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.
An alteration of 10% or 1,000 square feet to an approved
land development plan by minor extensions or reductions to the physical
structure and/or impervious area, technical revisions, other matters
with minor changes to existing traffic volume, access, grading, stormwater,
setbacks, lighting, building elevation or other uses of premises.
An individual, firm, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or other legal entity which is recognized by law as
the subject of rights and duties.
A complete and exact subdivision/land development plan, prepared
for official recording as required by statute to define property rights
and proposed streets and all other improvements.
A fully detailed portion of the preliminary subdivision plan
or of the entire plan consisting of the submission of four complete
construction (plan and profile) sets intended to be implemented in
any phase allowing construction of improvements with the Municipal
Engineer, or other agency's, approval and inspection and without
financial surety or final plan approval. Construction of improvements
will be at the developers own risk.
A tentative subdivision/land development plan, in lesser
detail than a final plan, showing approximate street and lot layout
on a topographic map as a basis for consideration prior to preparation
of a final plan.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as reenacted and amended.[3]
The planning agency of Fairview Township.
Basic property information specified under § 334-402 for conceptual review with the Fairview Township Planning Commission.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects, or planners.
Includes any government-owned and/or operated use, and/or
public utility commission licensed use.
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 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 be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
The open space extending across the entire width of the lot
between the back line of the principal building and the rear lot line
(not necessarily a street line).
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. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies therefore shall be provided at cost of reproduction.
The replatting of a recorded subdivision in whole or in part,
by a redesign of lots, by change of size, area, or by street layout.
A through lot with frontage on two parallel streets with
vehicular access restricted to only one of the streets.
Any public highway, street or alley accepted by different
levels of government for public use, usually the Board of Supervisors;
all must be recorded in the Recorder of Deeds Office, Erie County,
Erie, Pennsylvania.
A planted visual barrier, vegetative screen, or an opaque
fence designed to provide both a buffer and visual isolation between
properties.
The open space extending from the side of the principal building
along the side lot line (not necessarily a street line) throughout
the entire width of the principal building.
An informal plan not necessarily to scale which indicates
existing features of a tract and its surroundings and the general
layout and features of a proposed development, submitted for consideration
by the Township Engineer, Township staff or Board of Supervisors pursuant
to provisions established in this chapter.
The Municipal Solicitor of Fairview Township.
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.
The procedure applied to new or existing streets or streets
under construction for the purpose of accommodating vehicular travel
with a minimum of interruption, delay or safety hazard including resurfacing,
regrading, drainage improvement, pothole repair, dust prevention practices
and snow removal.
PRINCIPAL ARTERIALThis class of highway facility is devoted entirely to the task of moving large volumes of traffic and performs little or no land service function. It is generally characterized by some degree of access control. Normally, this classification should be reserved for multilane, divided roads with few, if any, grade intersections.
ARTERIALArterials bring traffic to and from the expressway and serve major movements of traffic within or through the areas not served by expressways. They serve primarily to move traffic, but also perform a secondary function of land service.
MARGINAL ACCESSA street parallel and adjacent to an arterial or expressway providing access to abutting properties and control of intersections with the arterial or expressway.
COLLECTORThis class of road serves as the internal traffic movement within the Township and connects developed areas with the arterial system. The collector system is intended to simultaneously supply abutting property with the same degree of land service as a minor street and accommodate local internal traffic movements.
MINOR (LOCAL STREET)The minor street's sole function is to provide access to immediately adjacent land. They represent a fairly large percentage of the total street mileage in most municipalities.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Individual or entity (with consent of the record land owner
or owners, if applicable) having an interest in making a property
line change or improvement to a parcel of land subject to the provisions
of the Fairview Township Ordinances.
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 purposes,
whether immediate or future, of lease, partition by 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.
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 to Article VII) 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 map showing ground elevations by contour lines and the
location of important natural and other man-made objects.
Fairview Township, Erie County, Pennsylvania.
The attaching of development rights to specified lands which
are desired by a municipality to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands within the
municipality where more intensive development is deemed by the municipality
to be appropriate.
See the Fairview Township Zoning Ordinance.
As used in this chapter, the following acronyms shall have the
meanings indicated:
American Association of State Highway and Transportation
Officials.
Americans with Disabilities Act.
Above final grade.
Bituminous concrete base course.
California bearing ratio.
Department of Environmental Protection.
Erie County Health Department.
Federal Aviation Administration.
Illuminating Engineering Society of North America.
Institute of Transportation Engineers.
Local Economic Revitalization Tax Assistance Act, as amended.
Pennsylvania Municipalities Planning Code, as amended.
Pennsylvania Department of Transportation.
Subdivision and Land Development Ordinance.
Traditional neighborhood development.
Uniform Construction Code.
United States Geological Survey.
[1]
Editor’s Note: These acronyms were adopted as part of
the prefatory material for the ordinance enacting this chapter and
are included here to provide a reference for Code users.
