[Ord. No. 1540, 6-26-2023]
(A) 
The following rules apply to the interpretation of this Part:
1. 
Words in the singular include the plural, and those in the plural include the singular.
2. 
The singular number includes the plural, and the plural includes the singular.
3. 
Words used in the present tense include the future tense.
4. 
The words "Person" "Applicant," "Developer," and "Owner" include a corporation, unincorporated association, and a partnership, or other legal entity, as well as an individual engaged in the subject activity.
5. 
The word "Building" includes "Structure" and shall be construed as if followed by the phrase "or part thereof."
6. 
The word "Watercourse" includes channel, creek, ditch, dry run, spring, Stream, and river.
7. 
The words "should" and "may" are permissive; the words "shall" and "will" are mandatory and directive.
8. 
The word "Lot" includes the word plot or parcel.
9. 
The word "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."
10. 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
11. 
The words "include" or "including" shall not limit the term to the specified examples but are intended to extend the meaning to all other instances of like kind and character.
12. 
The word "Person" includes an individual, corporation, partnership, incorporated association, and/or any other similar entity.
13. 
The words "he" or "she" or "they" are to be used interchangeably with the word Person.
14. 
The word "Street" includes road, highway, avenue, boulevard, or expressway.
15. 
The names of organizations, including government agencies, shall be construed to include their successors.
[Ord. No. 1540, 6-26-2023]
Words and terms used in this Part shall have the meanings given in this Part. Unless expressly stated otherwise, any pertinent word or term not part of this listing but vital to the interpretation of this Part shall be construed to have its legal definition, or in the absence of a legal definition, its meaning as commonly accepted by practitioners, including civil engineers, Surveyors, architects, landscape architects, and planners.
[Ord. No. 1540, 6-26-2023]
ACCELERATION LANE
The portion of a roadway adjoining the traffic lane constructed for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can safely merge with traffic.
ACCESS DRIVE
See "Driveway."
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY (also see "Service Drive")
A minor Right-of-Way, publicly or privately owned, primarily for service access to the back or side of properties and not intended for general traffic circulation.
APPLICANT
A Person who has filed an application for approval of Subdivision, land Development Plan, variance, special exception or conditional use, including their heirs, successors, agents, and assigns. The term also includes landowner, developer, Builder, and/or other Persons responsible for the plans and construction of Buildings or other improvements on any parcel of land.
APPLICATION FOR SUBDIVISION OR LAND DEVELOPMENT
Every application, whether preliminary or final, is 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 plan, or for the approval of Development Plan.
AUTHORITY
A public organization created pursuant to the Pennsylvania Municipal Authorities Act of 1945 (P.L. 382, No. 164).[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[Ord. No. 1540, 6-26-2023]
BLOCK
A unit of land bounded by Streets or by a combination of Streets and public land, railroad rights-of-way, waterways, or any other barrier to development.
BOND
Any form of surety bond in an amount and form satisfactory to the Town Board of Commissioners. All bonds shall be approved by the Town Board of Commissioners whenever a bond is required by regulations.
BUFFER
An area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them. Unless otherwise specified, "Buffer" may be included as part of the required setbacks and yard areas.
BUILDER
See "Applicant."
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, equipment, goods, or materials of any kind or nature. (Also see "Accessory Structure" and "Principal Building.")
BUILDING ENVELOPE
The area of a lot within which a principal Building may be erected. This area is defined by the limits of the minimum front, side, and rear yard areas and encompasses the area of the lot not found in the yard areas, legal rights-of-way, or other areas defined in the Zoning Ordinance.
[Ord. No. 1540, 6-26-2023]
CALIPER
Tree trunk diameter measured in inches at six inches above ground level for trees four inches or less in diameter or 12 inches above ground level for larger trees.
CARTWAY
The paved portion of a Street or highway designed for vehicular traffic.
CLEAR SIGHT DISTANCE
A line of unobstructed vision from a point 4.5 feet above the center line of a Street to the nearest point on the top of an object four inches high on the same center line. (See Appendix A, Standards for Construction[1]).
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at Street intersections defined by lines of sight between points at a given distance from the intersection of the Street center lines. (See Appendix A, Standards for Construction.)
COMMON FACILITIES
All of the real property and improvements set aside for the common use and enjoyment of the residents, including, but not limited to, Buildings, open land, private roads, parking areas, walkways, recreation areas, landscaped areas, Drainage Easements, and any utilities that service more than one unit, such as sewer and water facilities.
COMMON OPEN SPACE
A parcel or parcels of land within a development site designed and intended for the use and enjoyment of the Town residents or occupants of the development or community or for the protection of natural or historic resources, not including Streets, Off-Street Parking areas, and areas set aside for public facilities. Common Open Space shall not be part of individual residential lots and shall be substantially free of structures but may contain recreational facilities for park users or historic Buildings as are shown in the approved Development Plan.
COMPREHENSIVE PLAN
A Comprehensive Plan prepared by the Town and the Allegheny County Department of Economic Development (ACED) pursuant to the Pennsylvania Municipalities Planning Code.
CONTRACTOR
Any Person engaging in the business or act of excavating or Filling.
[1]
Editor's Note: Appendix A included as an attachment to Article 1105.
[Ord. No. 1540, 6-26-2023]
DEVELOPMENT PLAN
The provisions for development including a planned residential development, a plan or 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 Development Plan," when used in this Part, shall mean the written and graphic materials referred to in this definition.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee, allowing the use of private land for stormwater management purposes.
DRIVEWAY
Private Right-of-Way that provides access (both ingress and egress) between a public way and abutting property(ies) and any facilities on such property(ies). Driveways shall be designed pursuant to the applicable design standards specified in the Town Subdivision Ordinance (Part 11 of the Town Municipal Code). See Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to Article 1105.
[Ord. No. 1540, 6-26-2023]
IMPROVED PROPERTY
Any property located within this Town upon which there is erected a structure intended for continuous or periodic habitation, occupancy, or use by human beings or animals and from which structure Sanitary Sewage and/or industrial wastes shall be or may be discharged, except properties used for industry and farms who have their own supply of water for uses other than human consumption
[Ord. No. 1540, 6-26-2023]
MANUFACTURED HOME
A transportable single-family dwelling intended for permanent occupancy in one unit or two units designed to be joined into an integral unit, which arrives at the 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 Manufactured Home need not meet local Building codes but shall meet the standards of the U.S. Department of Housing and Urban Development, as indicated in the Structural Engineering Bulletin(s), which shall be provided to the Town by the Applicant. The term includes a Mobile Home.
MANUFACTURED HOME PARK
A parcel or contiguous parcels of land which have been so designated and improved that it contains two or more Manufactured Home lots for the placement of Manufactured Homes.
MOBILE HOME
See "Manufactured Home."
MUNICIPALITIES PLANNING CODE (MPC)
Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 1540, 6-26-2023]
OFF-STREET PARKING
A use providing parking spaces for the temporary storage of vehicles not on a public Street or Right-of-Way and includes accessory Off-Street Parking and Off-Street Parking that is a principal use.
OWNER
Any Person vested with ownership, legal or equitable, sole or partial, of any Improved Property.
[Ord. No. 1540, 6-26-2023]
PART
PERSON
Any individual, partnership, company, association, society, corporation, or other group or entity.
PLAN, PRELIMINARY
A tentative Subdivision or land Development Plan, 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.
PROFESSIONAL ENGINEER
An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the Practice of Engineering. A Professional Engineer may not practice land Surveying unless licensed and registered as a Professional Land Surveyor as defined and set forth in the Engineer, Land Surveyor and Geologist Registration Law, Act of May 23, 1945, P.L. 913, No. 367 Cl. 63.[1] However, a Professional Engineer may perform engineering land Surveys.
PROFESSIONAL LAND SURVEYOR
An individual licensed and registered under the laws of this Commonwealth to engage in the practice of land Surveying. A Professional Land Surveyor may perform engineering land Surveys but may not practice any other branch of engineering.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board of Commissioners or Planning Commissions, intended to inform and obtain public comment, prior to taking action in accordance with this Part.
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."[2]
PUBLIC NOTICE
Notice published once a week for two consecutive weeks in a newspaper of general circulation in the Town. 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 hearing.
[1]
Editor's Note: See 63 P.S. § 148 et seq.
[2]
Editor's Note: See 65 Pa. C.S.A. § 701 et seq.
[Ord. No. 1540, 6-26-2023]
RIGHT-OF-WAY, LEGAL
The right for anyone to pass through a portion of land that may be considered public. Typically used to delineate public thoroughfares.
RIGHT-OF-WAY, STREET
A public thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as a Street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, Alley or however designated.
RIGHT-OF-WAY, ULTIMATE
An area of land beyond the legal or dedicated right-of-way needed to accommodate the future widening of the roadway, measured from the center line of the cartway.
[Ord. No. 1540, 6-26-2023]
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any Improved Property, including such groundwater, surface water, or stormwater as may be present.
SERVICE DRIVE (PRIVATE)
A service way providing a secondary means of private access to abutting property and not intended for general traffic circulation.
SIDEWALK
A paved, surfaced or leveled area, paralleling and usually separated from the Street, used as a pedestrian walkway.
STREET
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.
STREET GRADE
The officially established grade of the Street upon which a lot fronts or, in its absence, the established grade of the other Streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the Street at such midpoint shall be taken as the Street Grade.
STREET, ARTERIAL
A street which is used primarily for fast or heavy traffic of an intercommunity nature that carries most of the traffic entering and leaving a community.
STREET, COLLECTOR
A collector road is defined as any road that is expected to carry more than 750 vehicles per day, serve a commercial, multifamily, or institutional development, and any road expected to serve a Development District.
STREET, LOCAL
A street which is used primarily for access to abutting properties. Most residential streets are classified as local.
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, or 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.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Town Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of this Part) of those improvements required as a condition for final approval have been completed in accordance with the approval plan, so that the project will be able to be used, occupied or operated for its intended use.
SURVEY
The result of any professional service or work resulting from the Practice of Land Surveying and Mapping as defined in Chapter 472, F.S., which includes As-built/Record Surveys, Boundary Surveys, Construction Layout Surveys, Condominium Surveys, Construction Control Surveys, Control Surveys, Elevation Surveys, Hydrographic/Bathymetric Surveys, Tidal or Nontidal Water Boundary Surveys, Photogrammetric Surveys (including Orthorectified Imagery), Quantity Surveys, and Topographic Surveys, whether it is measured by direct or remote sensing methods.