Unless otherwise expressly stated, the following words shall for the
purpose of this chapter, have the meanings herein indicated. The present tense
shall include the future, the singular number shall include the plural, words
used in the masculine gender shall include the feminine and the neuter, the
word "shall" is always mandatory, the word "may" is always permissive.
As used in this chapter, the following terms shall have the meanings
indicated:
ALLEY
A minor way, whether or not legally dedicated, intended and used
primarily for vehicular service access to the rear of properties which abut
on a street, and not intended for the purpose of through vehicular traffic.
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 development plan.
BLOCK
An area divided into lots and usually bounded by streets.
BOROUGH COUNCIL
The Borough Council of Brentwood Borough, Allegheny County, Pennsylvania.
BUILDING
A combination of materials to form a permanent structure having walls
and a roof, including but not limited to all mobile homes and trailers.
CARTWAY or ROADWAY
The portion of a street or alley improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
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
street center lines.
COMMON OPEN SPACE
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 and enjoyment of residents of a development, not including streets,
off-street parking areas and areas set aside for public facilities.
CONDOMINIUM
Ownership in common with others of a parcel of land and certain parts
of a building thereon which would normally be used by all the occupants, together
with individual ownership in fee of a particular unit or apartment in such
building or on such parcel of land and may include dwellings, offices and
other types of space in commercial and industrial buildings or on real property.
COUNTY
The County of Allegheny, Pennsylvania.
CUL-DE-SAC
A minor street intersecting another street at one end and terminated
at the other by a vehicular turnaround.
CUT
An excavation. The difference between a point on the original ground
and a designated point of lower elevation on the final grade. Also, the material
removed in excavation.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Pennsylvania Department of Environmental Protection, its bureaus,
divisions, departments and/or agencies, as may from time to time be established,
or such Department or Departments as may in the future succeed it.
DESIGNATED FLOODPLAIN AREAS
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation in a one-hundred-year flood as designated in Chapter
210, Zoning, as amended.
DETENTION POND
An area in which surface water runoff is temporarily stored pending
its release at a controlled rate.
DEVELOPER
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.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, the placement of mobile
homes, streets and other paving, utilities, mining, dredging, filling, grading,
excavation or drilling operations and the subdivision of land.
DEVELOPMENT PLAN
The provisions for development including a planned residential development,
a plat of 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 chapter shall
mean the written and graphic materials referred to in this definition.
DRAINAGE
The removal of surface water or groundwater from land by drains,
grading or other means, and includes control of runoff to minimize erosion
and sedimentation during and after construction or development.
DRAINAGE FACILITY
Any ditch, gutter, culvert, storm sewer or other structure designed,
intended or constructed for the purpose of carrying, diverting or controlling
surface water or groundwater.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage
ditches or required along a natural stream or watercourse for preserving the
channel and providing for the flow of water therein to safeguard the public
against flood damage.
DRIVEWAY
A private vehicular passageway providing access between a street
and a private parking area or private garage.
DWELLING
Any building which is designed for human living quarters, but not
including hotels, boarding houses, tourist cabins, motels and other accommodations
used for transient occupancy.
EASEMENT
A grant of limited use of private land for a public or quasi-public
purpose.
ENGINEER
A registered professional engineer in Pennsylvania designated by
the Borough of Brentwood.
ENGINEERING SPECIFICATIONS
The engineering criteria of the Borough of Brentwood regulating the
installation of any improvement or facility. In the absence of such Borough
engineering criteria, the applicable standards of the Allegheny County Subdivision
and Land Development Ordinance shall apply.
EROSION
The removal of surface materials by the action of natural elements.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar material
is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed.
It shall include the conditions resulting therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other 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.
It shall include the conditions resulting therefrom. The difference in elevation
between a point on the original ground and a designated point of higher elevation
of the final grade. The material used to make fill.
FLOODPLAIN
The area along a natural watercourse which may from time to time
be overflowed by water therefrom.
FLOODWAY
The channel of a river or other watercourse and the adjacent land
areas required to carry and discharge a flood of the one-hundred-year magnitude.
GRADING AND DRAINAGE PLAN
A plan showing all existing ground features and proposed grading,
including existing and proposed surface and subsurface drainage facilities,
described by grades, contours and topography.
IMPROVEMENTS
Those physical additions, installations and changes required to render
land suitable for the use intended, including but not limited to grading,
paving, curbing, streetlights and signs, fire hydrants, water mains, electric
service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks,
driveways, culverts and street shade trees.
INTERIOR WALK
A right-of-way or easement for pedestrian use, extending from a street
into a block or across a block to another street.
LAND DEVELOPMENT
A.
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts or
parcels of land for any purpose involving:
(a)
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.
(b)
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.
B.
"Land development" does not include development which involves:
(1)
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.
(2)
The addition of an accessory building, including a farm building, on
a lot or lots subordinate to an existing principal building.
(3)
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.
LOT
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.
LOT, CORNER
A lot abutting upon two or more streets at their intersection, the
front of which shall be considered to be the frontage of least dimension on
a street, except that where any two frontages shall each exceed 150 feet in
length, either frontage may be designated as the "front" of the lot.
LOT, INTERIOR
A lot having side lot lines which do not abut on a street.
LOT, MINIMUM WIDTH
The distance between the side lot lines measured at the building
setback line.
LOT, NONCONFORMING
A lot of record at the time of the adoption of this chapter, which
by reason of area or dimension, does not conform to the requirements of this
chapter.
LOT OF RECORD
A lot described in a deed or shown on a plan of lots which has been
recorded in the office of the Recorder of Deeds of Allegheny County, Pennsylvania.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on an arterial street
and a local access street and with vehicular access solely from the latter.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the Borough
of Brentwood for the maintenance of any improvements required by this chapter.
MARKER
A wood or metal stake placed to designate the boundary and corners
of lots in the subdivision of land for the purpose of reference in land and
property survey and to facilitate the sale of lots.
MINOR SUBDIVISION
The subdivision of land into not more than two parcels located on
an existing improved street that does not involve:
A.
Installation of improvements as required by this chapter.
C.
Frontage on an arterial or collector street.
D.
Adverse effect to the development of the remaining parcel.
E.
Adverse effect to adjoining properties.
F.
Conflict with the Borough of Brentwood's Comprehensive Plan, Chapter
210, Zoning, any portion of this chapter or other state, county or borough ordinances, laws or regulations.
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.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary
utility connections and other appurtenances necessary for the erection thereon
of a single mobile home.
MOBILE HOME PARK
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.
MONUMENT
A concrete, stone or other permanent object placed to designate boundary
lines, corners of property and right-of-way of streets and utilities, for
the purpose of reference in land and property survey.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Act of May 2,
1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."
OWNER
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 owner or other persons having a proprietary
interest in the land shall be deemed to be an owner for the purpose of this
chapter.
PERFORMANCE GUARANTEE
Any security which may be in lieu of a requirement that certain improvements
be made before the Borough Council approves a final subdivision or land development
plan, including performance bonds, escrow agreements and other similar collateral
or surety agreements.
PERSON
An individual, partnership, corporation or other legally recognized
entity.
PLAN, FINAL
A complete and exact subdivision plan or land development plan, prepared
for official recording as required by statute, to define property rights and
proposed streets and other improvements.
PLAN, PRELIMINARY
A tentative subdivision plan 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.
PLAN, SKETCH
An informal plan, subdivision or land development plan, not necessarily
to scale, indicating salient existing features of a tract and its surroundings
and the general layout of the proposed subdivision.
PLAN, SOIL EROSION AND SEDIMENTATION CONTROL
A plan for controlling erosion and sediment during construction which
shall provide all steps, including scheduling, to assure erosion and sediment
control during all phases of construction, including final stabilization.
PLAT
A map or plan of a subdivision or use indicating the location and
boundaries of individual properties.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas and other
public areas.
B.
Sites for schools sewage treatment, refuse disposal and other publicly
owned or operated facilities.
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough Council
or Planning Commission, intended to inform and obtain public comment, prior
to taking action in accordance with this chapter.
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," 53 P.S. § 271 et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper
of general circulation in the Borough of Brentwood. 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 date of the hearing.
RESERVE STRIP
A narrow parcel of ground having inadequate area for building purposes
separating a street or a proposed street from other adjacent properties.
RESIDENT PROPERTY OWNER
Any individual maintaining a voting address in the Borough of Brentwood,
within 1,000 feet of the proposed subdivision, owning real estate in his own
or joint names.
RESUBDIVISION
Any subdivision or transfer of land, laid out on a plan which has
been approved by the Borough Council which changes or proposes to change property
lines and/or public right-of-way not in strict accordance with approved plan.
RIGHT-OF-WAY
Land legally dedicated for public purposes, including but not limited
to a street, alley or interior walk.
RUNOFF
The surface water discharge or rate of discharge of a given watershed
after a fall of rain or snow that does not enter the soil but runs off the
surface of the land.
SEDIMENTATION
The process by which mineral or 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."
SEPTIC TANK
A watertight tank in which raw sewage is broken down into solid,
liquid and gaseous phases to facilitate further treatment and final disposal.
SETBACK (BUILDING SETBACK LINE)
The line within a property defining the required minimum distance
between any structure and the ultimate adjacent right-of-way and the line
defining side and rear yards where required.
SEWAGE DISPOSAL SYSTEM, ON-SITE
A system of piping tanks or other facilities serving a lot and collecting
and disposing of sewage in whole or in part into the soil.
SEWAGE DISPOSAL SYSTEM, PUBLIC
A sanitary sewage collection method in which sewage is carried from
the site by a system of pipes to a central treatment and disposal plant.
SHOULDER
The portion of a roadway (cartway) between the curb or gutter and
the travelway intended for emergency and parking use.
SIGHT DISTANCE
The extent of unobstructed vision, in a horizontal or vertical plane, along a street, as defined in §
183-24 of this chapter.
SLOPE
The face of an embankment of 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.
SOIL PERCOLATION TEST
A field test conducted to determine the absorption capacity of soil
to a specified depth in a given location for the purpose of determining suitability
of soil on site sewage disposal.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct or any other ways used or intended to be used by vehicular
traffic or pedestrians whether public or private.
B.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept local access streets and provide routes to community facilities and to arterial streets.
C.
ARTERIAL STREETSThose serving large volumes of comparatively high-speed and long-distance traffic and include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
D.
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with the arterial street.
E.
HALF OR PARTIAL STREETA street generally parallel and adjacent to a property line having a lesser right-of-way width than normally required for satisfactory improvements and use of the street.
STRUCTURE
Any man-made object having an ascertainable stationary location on
or inland or water, whether or not affixed to the land.
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,
of 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 Borough Engineer at least 90%(based
on the cost of the required improvements for which financial security was
posted pursuant to the requirements 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.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
SWALE
A low-lying stretch of land characterized as a depression used to
carry surface water runoff.
TOP SOIL
Surface soils and subsurface soils which normally are fertile soils
and soil material, ordinarily rich in organic matter of humus debris. Top
soil is usually found in the uppermost soil layer called the "A Horizon."
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded or in
any other manner prepared for the construction of a building or other improvement.
UNIT
A part of the property, structure or building designed or intended
for any type of independent use, which has direct exit to a public street
or way or to an easement or right-of-way leading to a public street or way,
and includes a proportionate undivided interest in the common elements, which
is assigned to the property, structure or building.
WATER FACILITY
Any waterworks, water supply works, water distribution system or
part thereof, designed, intended or constructed to provide or distribute potable
water.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough of Brentwood.
WATERCOURSE
A stream of water, river, brook, creek or a channel or ditch for
water, whether natural or man-made.