[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]
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.
See "driveway."
The traveled way by which cars enter and depart parking spaces.
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.
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.
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.
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]
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.
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.
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.
See "applicant."
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.")
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]
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.
The paved portion of a street or highway designed for vehicular
traffic.
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]).
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.)
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.
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.
A comprehensive plan prepared by the Town and the Allegheny
County Department of Economic Development (ACED) pursuant to the Pennsylvania
Municipalities Planning Code.
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]
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.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
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]
A right-of-way granted for the limited use of land for public
or quasi-public purposes.
The butting, grading, digging or removal of earth or natural
materials in such manner as to change the natural or existing terrain.
[Ord. No. 1540, 6-26-2023]
The placing, carrying or depositing of earth or natural materials
in such manner as to change the natural or existing terrain.
[Ord. No. 1540, 6-26-2023]
A plan showing the existing contours at two-foot intervals
of the area involved and the proposed final contours for grade.
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
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]
(Reserved)
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
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.
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.
See "manufactured home."
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]
(Reserved)
[Ord. No. 1540, 6-26-2023]
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
[Ord. No. 1540, 6-26-2023]
Any individual, partnership, company, association, society,
corporation, or other group or entity.
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.
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.
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.
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.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[2]
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.
[Ord. No. 1540, 6-26-2023]
A professional engineer licensed by the Pennsylvania Department
of State, and other persons licensed or otherwise qualified by law
to perform the work required by this part.
[Ord. No. 1540, 6-26-2023]
The right for anyone to pass through a portion of land that
may be considered public. Typically used to delineate public thoroughfares.
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.
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]
Normal water-carried household and toilet wastes from any
improved property, including such groundwater, surfacewater, or stormwater
as may be present.
A service way providing a secondary means of private access
to abutting property and not intended for general traffic circulation.
A paved, surfaced or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
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 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.
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.
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.
A street which is used primarily for access to abutting properties.
Most residential streets are classified as local.
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.
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.
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.
[Ord. No. 1540, 6-26-2023]
The area lying between the sidewalk and that portion of the
street used for vehicular traffic.
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
(Reserved)
[Ord. No. 1540, 6-26-2023]
(Reserved)
