As used in this article, the following terms shall have the meanings indicated:
ACCESSORY BUILDINGA subordinate building, incidental to, and located on the same lot as the principal building. Such buildings are utilized for purposes subordinate to and incidental to the principal building's use.
AGRICULTURAL PURPOSESAny agricultural use, including farming, dairying, pasturage, horticulture, aquiculture, floriculture, viticulture, apiculture, animal and poultry husbandry and forestry, including the harvesting of timber.
ALLEY or SERVICE DRIVEA minor right-of-way privately or publicly owned, primarily for service access or secondary access to the back and sides of two or more properties.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery 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 (MPC).
BLOCKA parcel of land bounded by streets, railroad rights-of-way, waterways, parks, unsubdivided acreage or a combination thereof.
BUILDINGAny structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property.
BUILDING OR SETBACK LINEThe line within a property defining the required minimum distance between any building and the adjacent right-of-way and/or property lines.
CARTWAYThe surface of a street or alley available for vehicular traffic.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street lines and the sight lines.
COMPREHENSIVE PLANThe Girard Township Comprehensive Plan Update that is the Comprehensive General Plan, or any of its parts, for the future growth, protection and development of Girard Township.
CONDOMINIUMA building, or group of buildings, in which dwelling units, offices or floor areas are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis or by a separate managing entity.
CORNER LOTA lot, abutting two or more existing or proposed street rights-of-way at their intersection, on which the front yard building line for all streets must be observed.
COUNTYThe County of Erie, Pennsylvania.
CROSSWALKA right-of-way which cuts across a block to furnish access for pedestrians to adjacent streets or properties.
CUL-DE-SACA street open to traffic at one end and terminating at the other in a vehicular turnaround.
CUTAn 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.
DEPARTMENTThe Erie County Department of Planning or the Planning agency (to include the staff).
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.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, who makes application for, or who makes or causes to be made, a subdivision of land.
DEVELOPMENTAny 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, storm sewers, drains, improvements to watercourses, sidewalks, street signs, crosswalks, shade trees, seeding, sodding, monuments or other property markers, water supply facilities, and sewage facilities; filling, grading, excavation, mining, dredging, or drilling operations, in the subdivision of land, when conducted within the context of subdivision or land development activities, as defined by the Pennsylvania Municipalities Planning Code.
DEVELOPMENT PLANThe 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 the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
DRAINAGEThe 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 FACILITYAny 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 EASEMENTThe 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.
DRIVEWAYA private vehicular passageway providing access between a street and a private parking area or private garage.
DWELLING UNITAny structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
EASEMENTA right granted to use certain private land for a utility or physical access, which is not inconsistent with the general property rights of the owner.
ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania.
EROSIONThe removal of surface materials by the action of natural elements.
EROSION AND SEDIMENT CONTROL PLANA plan showing all present and proposed grades and facilities for stormwater, drainage, erosion and sediment controls, and which is in accordance with §
174-30 of this chapter.
Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
FILLAny 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 and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.
FLOODA temporary inundation of normally dry land areas.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FLOOD-PRONE AREAA relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourses; and/or any area subject to the unusual and rapid accumulation of surface waters from any source. This definition includes any floodplain as depicted on the Girard Township Floodplain Map.
GRADING AND DRAINAGE PLANA plan showing all existing ground features and proposed grading, including existing and proposed surface and subsurface drainage facilities, described by materials, grades, contours and topography.
GROSS FLOOR AREAThe sum of the gross horizontal areas of a building or structure (excluding vehicular parking lots) from the exterior face of exterior walls or from the center line of a wall separating two buildings.
IMPROVEMENTSThose physical additions and changes to the land that may be necessary to produce usable and desirable lots.
LAND DEVELOPMENTAny of the following activities:
A. The improvements of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 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; or
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;
See also Article
I and Article
V of the Pennsylvania Municipalities Planning Code.
For the purposes of this chapter, 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.
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
LANDOWNERThe 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, shall be deemed to be a landowner.
LOTA 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, AREA OFThe total horizontal ground area of a lot expressed in acres or square feet and computed exclusive of any portion of the right-of-way of any public or private thoroughfare, street, road, alley or easement of access of use, but including any easement for essential service.
LOT, CORNERA lot at the junction of and fronting on two or more intersecting street rights-of-way.
LOT COVERAGEA measure of intensity of land use that represents the portion of a site that is impervious (i.e., does not absorb water). This portion includes, but is not limited to, all areas covered by buildings, parking areas, driveways, roads, sidewalks, and any area of concrete, asphalt, crushed stone, gravel or similar impervious material.
LOT, FLAGA lot that has only a narrow portion connecting a larger area to a street.
LOT, NONCONFORMINGA lot the area or dimension of which was lawful prior to the adoption or amendment of subdivision regulations, but which fails to conform to the requirements of the governing ordinance in which it is located by reasons of such adoption or amendment.
LOT, REVERSE FRONTAGEA lot extending between and having frontage on an arterial street and a local access street, and with vehicular access solely from the latter.
LOT WIDTH OFA mean horizontal distance between the side lot lines measured at its widest and narrowest points.
MAINTENANCE GUARANTEEAny financial security, acceptable under Article
V of the Pennsylvania Municipalities Planning Code, which may be accepted by Girard Township for the maintenance of any improvements required by this chapter.
A street parallel and adjacent to major thoroughfares, providing access to abutting properties.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two 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 LOTA 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 or duplex mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARKA parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
MONUMENTA concrete, stone, or other permanent object placed to designated boundary lines, corners of property, and rights-of-way of streets and utilities, for the purpose of reference in land and property survey.
MUNICIPAL ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or joint planning commission.
PLAN, SKETCHAn informal plan not necessarily to scale indicating salient existing features of a tract and its surroundings and general layout of the proposed subdivision.
PLAN, PRELIMINARYA tentative subdivision or land development plan showing existing features of land and proposed street and lot layout within and adjacent to a subdivision, as required by this chapter.
PLAN, FINALA complete and exact subdivision or land development plan prepared for official recording as required by statute and this chapter.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of Chapter
200, Zoning.
The duly appointed Planning Commission of Girard Township, Erie County, Pennsylvania.
PLATThe map or plan of subdivision or land development, whether preliminary or final.
PUBLIC GROUNDSParks, playgrounds and other public areas, and sites for public schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
PUBLIC NOTICENotice 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.
PUBLIC SEWER AND WATERIncludes municipal systems, mobile home park systems, or planned residential development and other systems that service two or more dwelling units and/or lots of record, such as private, group, association or project systems.
REPLATReplats involve the transfer of land between adjacent lots where no new building lot is created. No replat may create a lot in violation or this chapter or of any adopted zoning ordinance. Replats will be considered as minor subdivisions.
RESERVE STRIPA narrow parcel of ground having inadequate area for building purposes separating a street or a proposed street from other adjacent properties.
RIGHT-OF-WAYLand dedicated for use as a public street, alley or crosswalk, or which may be used by sewer, water, storm sewer, electric, gas, telephone and cable systems.
SEWAGE SYSTEM, COMMUNITYA system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots and for the treatment or disposal of the sewage or industrial waste on one or more of the lots or at any other site.
SEWAGE SYSTEM, INDIVIDUALA system of piping, tanks or other facilities serving a single lot and collecting, treating and disposing of domestic sewage into the soil or into waters of this commonwealth or by means of conveyance to another site for formal disposal.
SLOPEThe face of an embankment or 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 differences in feet per 100 feet of horizontal distance.
SOLICITORA professional attorney licensed as such in Pennsylvania, duly appointed as the Municipal Solicitor of Girard Township.
STREETA general term used to describe a right-of-way, municipally or privately owned, serving as a means of vehicular and pedestrian movement, and for access to adjacent properties, furnishing space for sewers, public utilities, and shade trees. The term includes avenues, boulevards, roads, highways, parkways, and lanes. The streets are classified by function as follows:
A. LOCAL STREETA street used as the principal means of access to adjacent properties serving only a comparatively small number of dwellings.
COLLECTOR STREETA street or road connecting local streets to each other, to community facilities, and to primary or major thoroughfares, serving only the neighborhood traffic.
ARTERIALSA street connecting district centers, servicing large volumes of through, fast traffic, preferably located outside or bounding the residential neighborhoods.
STREET CENTER LINEAn imaginary line which passes through the middle of the right-of-way and the cartway simultaneously, or which is in the center of the right-of-way in cases where the cartway is not centered in the right-of-way.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDERA developer, upon final approval of a subdivision plat.
SUBDIVISIONThe 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, transfer of ownership or building or lot development. The term "subdivision" also includes resubdivision and, as appropriate in these regulations, the process of subdividing land and the land subdivided.
SUBDIVISION, MINORA subdivision having 10 lots or less (including any residual land) and which has all lots served by a public street, and which does not include or require new sanitary sewer main extensions, or the dedication or rededication of streets or alleys and meets other criteria for a minor subdivision under this chapter.
SURVEYORA professional surveyor licensed as such in the Commonwealth of Pennsylvania.
SWALEA low-lying stretch of land which gathers or carries surface water runoff, but which is mowable and not a ditch.
TEMPORARY TURNAROUNDA temporary circular turnaround at the end of a road, which terminates at or near the subdivision boundary bordering undeveloped land
TOPSOILSurface soils and subsurface soils, which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer.
TOWNSHIPGirard Township, Eric County, Pennsylvania.
TOWNSHIP ENGINEERA professional engineer licensed as such in Pennsylvania, duly appointed as the Township Engineer of Girard Township.
UTILITY PLANA plan to show all existing and proposed fire hydrants, water and sewer lines, storm sewer lines, gas and electric lines, and streetlighting.
WATERCOURSEA permanent stream, intermittent stream, river, brook, creek, or a channel, drain, or ditch for water, whether natural or man-made.
WATER SURVEYAn inventory of the source, quantity, yield and use of groundwater and surface water resources within Girard Township.
YARDThat portion of a lot which is unoccupied and open to the sky and extends from the lot line to the yard line.
YARD, FRONTA yard between an adjacent right-of-way and the building line and extending for the full width of the lot.
YARD LINEA line within a lot defining the minimum distance between any building or structure or portion thereof, and an adjacent lot line. Such line shall be measured at right angles from and parallel to the corresponding lot line.
YARD, REARA yard between the rear lot line and a line drawn parallel thereto at such distance therefrom, and extending for the full width of the lot.
YARD, SIDEAn open yard space between the side lot line and parallel thereto extending from the front lot line to the rear lot line.