[Ord. 381, 11/14/2005, § 200]
1.
For the purpose of this chapter 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 number shall include the plural.
C.
Words used in the plural number shall include the singular
D.
The word "person" includes a corporation as well as an individual,
or an association of individuals.
E.
The words "shall" and "will" are always mandatory.
F.
The word "may" is permissive or discretionary where compliance is
indicated.
[Ord. 381, 11/14/2005, § 201; as amended by Ord. 392, 6/11/2012, § I]
Unless otherwise expressly stated, the following words or phrases shall, for the purpose of this chapter, have the meaning herein indicated and shall be literally applied in interpreting this chapter. Words or terms used but not defined in this chapter shall have the same meaning as stated in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., or the Thornburg Zoning Ordinance [Chapter 27].
A public thoroughfare that affords only a secondary means
of access to abutting property and is not intended for general traffic
circulation.
A tract of land or an area used principally as the location
for permanent amusement structure or rides.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary 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.
Plans, profiles, cross-sections and construction details
showing the exact final location, elevation, grade, size and material
used in the construction of all facilities installed, to the same
scale as the approved construction drawings.
A municipal sanitary sewer is considered available if an
existing municipal sanitary sewer line, with sufficient capacity,
is located within 1,000 feet of the nearest point of a subdivision.
An area bounded by streets.
The Borough of Thornburg, Allegheny County, Pennsylvania.
The governing body of the Borough of Thornburg, Allegheny
County, Pennsylvania.
A professional engineer licensed as such in the Common- wealth
of Pennsylvania, duly appointed as the Engineer by Borough Council.
A structure having a roof supported by columns or walls used
for the housing or sheltering of persons, animals or tangible personal
property.
The line within a property defining the minimum required
distance between the front of any building and the adjacent street
line.
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.
The triangular area formed by a diagonal line connecting
two points located on intersecting right of way lines (or right of
way line and the curb of a driveway), each point being that distance
from the intersection, and the two intersecting right of way lines
(or right of way line and a driveway) specified in this chapter.
A parcel or parcels of land or an area of water, or a combination
of land and water within the development site, designed and intended
for the use and enjoyment of the residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
Earth moving, tree removal, building construction or any
other activity undertaken to prepare a site for development.
A line which joins all points of equal elevation on the ground.
A lot situated at and abutting the intersection of two streets,
having an interior angle of intersection not greater than 135°.
See "Borough Council."
An obligation defined by law or agreement, the violation
of which can be restrained by court action; usually stated in the
deed.
A street or road with one end open to traffic and pedestrian
access and permanently terminated at the other end by a vehicular
turn-around. A cul-de-sac is the vehicular turn-around at the end
of a cul-de-sac street.
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.
An improved vehicular access facility serving a maximum of
two lots which may be under separate or common ownership which connects
the lots and provides access to a public street. All subdivisions
proposing to create a common driveway shall submit a common driveway
maintenance agreement for approval prior to plan approval. Said maintenance
agreement shall be recorded with the plat.
An improved vehicular access facility serving only one lot
which connects and provides access to a public street but which does
not provide access to any other lot under separate ownership.
An area of land within which certain rights are granted by
the owner for public or private purposes.
A point or series of points (see contours) which are a known
vertical distance above or below a predetermined elevation datum.
All elevations used shall be based on United States Geological Survey
(USGS) Datum.
A professional engineer licensed as such in the Commonwealth.
The use of the word "engineer" shall not exclude the practice of topographic
surveying as provided for in the laws of the Commonwealth. (See also
"Borough Engineer")
A land area adjoining a river, stream, water body, or water
course which may periodically flood as established by the United States
Federal Emergency Management Agency.
Any area or stand of trees, the majority of which are greater
than 12 inches caliper, covering an area greater than 1/4 acre; or
groves of a substantial number of mature trees of the size specified
totaling five or more trees, regardless of whether the area comprises
1/4 acre.
See "Publication 408."
See "yard, front."
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage including, but not limited to,
grading, paving, curb, gutter, stormwater sewers, individual sanitary
sewage system, improvements to existing water courses, sidewalks,
crosswalks, street signs, monuments, water supply and water distribution
systems and facilities, sanitary sewers, sanitary sewerage collection
systems and sanitary sewage treatment plant facilities.
An authorized representative of Borough Council assigned
to make any or all on site inspection of work performed and materials
furnished by the developer or his agents.
Any of the following activities:
The improvement of one lot or two or more contiguous lots 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
tenants.
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,
leasehold, condominiums, building groups or other features.
A subdivision of land.
Development other than those activities specified as exclusions in § 22-105 of this chapter.
A plan prepared in accordance with the requirements of this
chapter for approval of a land development.
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.
A tract of land in a plan of subdivision or any other parcel
of land described in a deed or legal instrument pursuant to the laws
of the Commonwealth of Pennsylvania intended to be used as a unit
for development or transfer of ownership.
That area measured on a horizontal plane bounded by the front,
rear and side lot lines, exclusive of any area within a street right
of way.
The horizontal distance between midpoint of the front lot
line and the midpoint of the rear lot line.
That line which bounds the lot contiguous with the street
right of way line. (In the case of a corner lot or a through lot,
there are two front lot lines.)
That line which is generally opposite to the front lot line.
Any lot line which is not a front lot line or a rear lot
line.
The boundary line describing the limits of a property and
separating it from adjacent properties or a public street or way.
The straight line distance between the points of intersection
of the building setback line with the side lot lines.
See "corner lot."
A lot abutting and located to the rear or behind another
lot connected to a public or private street by a contiguous area of
land that is a part of said lot.
A lot other than a corner lot.
A lot, the front lot line and rear lot line of which abut
streets.
See "subdivision, major."
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
See "subdivision, minor."
A departure from the specific regulations of this chapter which may be granted by Borough Council in accordance with Part 4 and upon recommendation by the Planning Commission and Borough Engineer in cases of physical hardship or equal or better specifications.
A permanent marker constructed of concrete or metal and placed
in the ground by survey, to establish the legal right-of-way line
of streets, property corners and property boundaries. Each monument
shall be constructed and placed as specified herein this chapter.
A sanitary sewage collection system approved by the Borough
in which sewage is carried from individual lots or dwelling units
by a system of pipes to a central treatment and disposal plant which
may be publicly or privately owned and operated.
A potable water distribution system approved by the Borough
in which water is carried to individual lots or dwelling units by
a system of pipes from a central water source, located beyond the
limits of the lot being serviced, which may be publicly or privately
owned and operated. Applicants for subdivision and land development
approval shall be required to connect to a public water distribution
system unless lots are to be served by private wells.
The date of the regular Planning Commission meeting at which
the application is accepted by the Planning Commission as complete
in content and properly filed in accordance with the requirements
of this chapter.
A single system of piping, tanks or other facilities approved
by the Borough serving only a single lot and disposing of sewage in
whole or in part into the soil.
A single system of piping, tanks or other facilities serving
only a single lot and obtaining the water either in whole or in part
from a primary source located within the limits of the lot being served.
The terms "ordinance" and "this chapter" refer to the Borough
Subdivision and Land Development Ordinance [this chapter].
See "landowner."
A portion of a garage or parking area designated for the parking of one motor vehicle designed in accordance with the requirements of the Zoning Ordinance [Chapter 27].
The planning agency appointed by Borough Council in accordance
with Article II of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10201 et seq.
The map or plan of a proposed subdivision containing all
the information required by this chapter and the Allegheny County
Subdivision and Land Development Ordinance for final subdivision plat
approval and in a form acceptable for recording in the Office of the
Allegheny County Recorder of Deeds.
The map or plan of a proposed subdivision which contains
all the information required by this chapter for approval of a preliminary
subdivision plat.
Persons who provide expert and professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects and planners.
A formal meeting held pursuant to public notice, as defined
herein, by Borough Council or the Planning Commission, intended to
inform and obtain public comment, prior to taking action in accordance
with this chapter.
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."
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 or less than seven days from the date
of the hearing.
Pennsylvania Department of Transportation Form 408, latest
publications and bulletins, Commonwealth of Pennsylvania, Specification
Publication No. 408.
See "yard, rear."
A strip of land adjacent to a street intended to control
access to the street from an adjacent property.
A lot extending between and having frontage on a major traffic
street and a local street, and with vehicular access solely from the
latter.
An area of land reserved or dedicated for public or private
purposes to provide access across property of another.
See "yard, side."
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street. The safe stopping sight distance for the vertical
curves on roadway pavement shall be calculated with an eye height
of 3.5 feet above the pavement and a height of an object of 0.5 feet.
The entire property included in a proposed subdivision or
land development.
The following street classifications shall apply to streets in the Borough of Thornburg and shall be applied as defined in the most recently adopted Comprehensive Plan and/or the Zoning Ordinance [Chapter 27].
ARTERIALA public street that serves large volumes of high speed and/or long distance traffic. Average daily traffic (ADT) volumes carried by an arterial street exceed 3,500 trips per day.
COLLECTORA public street that, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial streets. Average daily traffic (ADT) volumes carried by a collector street exceed 800 trips per day, but do not exceed 3,500 trips per day.
LOCALA public street that primarily serves abutting properties and carries traffic from the abutting properties to collector streets. Average daily traffic (ADT) carried by a local street does not exceed 800 trips per day.
A street, including the entire private right-of-way, which
is privately owned and maintained through private agreement and which
is intended for private use. A "private street" which provides access
to three or more lots which do not have access to a public street
shall be considered as access to a public street. (See also "driveway,
private" and "driveway, common.") Design standards for private streets
shall comply with the requirements of Part 5 herein and improvements
shall comply with the standards of Part 6 herein.
A street, including the entire public right-of-way, which
has been dedicated to and accepted by the Borough or which has been
devoted to public use by legal mapping, use or other means.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
See "developer."
The division or redivision of a lot, tract or parcel of land
by any means including partition by a court among heirs 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
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.
A subdivision containing four or more lots or any subdivision,
regardless of the number of lots, which involves the creation, extension
or improvement of a public street.
A subdivision containing no more than three lots, all of
which have frontage on an improved public street and which subdivision
does not involve the creation, extension or improvement of any public
street, but which may involve the extension or creation of any other
public improvements and which does not adversely affect the future
development of any remaining parcel or any adjoining property.
When, 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 § 22-702 of this chapter) 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 man-made features.
Includes all existing channels, creeks, ditches, drains,
dry runs, springs and streams, also all proposed channels, ditches,
drains and drainage facilities.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions as defined
and regulated by the U.S. Environmental Protection Agency (EPA), U.S.
Army Corps of Engineers (COE), and the Pennsylvania Department of
Environmental Protection (DEP).
A required open space on a lot which is unobstructed by any portion of a principal structure other than certain projections expressly permitted by the Zoning Ordinance [Chapter 27].
A yard extending across the full lot width and parallel to or concentric with the front lot line, the minimum depth measurement required by the Zoning Ordinance [Chapter 27].
A yard extending across the width of the lot between the side yards and parallel to the rear lot line, the minimum depth measurement required by the Zoning Ordinance [Chapter 27].
A yard extending between the building setback line and the rear yard line, parallel to the side lot line, the minimum depth measurement required by the Zoning Ordinance [Chapter 27].
The individual appointed by Borough Council to administer and enforce the provisions contained in Borough Zoning Ordinance [Chapter 27].
Ord. 378 adopted by Borough Council of the Borough of Thornburg
on February 14, 2005, in accordance with the authority of Article
VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601
et seq., including all amendments to said ordinance, as now or hereafter
enacted.
