Unless otherwise expressly stated, the following
terms shall, for the purpose of these regulations, have the meaning
indicated:
A.Â
Words in
the singular include the plural, and the words in the plural include
the singular.
B.Â
The word
"person" includes a corporation, unincorporated association and a
partnership as well as an individual.
C.Â
The word
"building" shall be construed as if followed by the words "or part
thereof."
D.Â
The words
"shall" and "will" are mandatory; the word "may" is permissive.
E.Â
An "agency"
shall be construed to include its successors or assigns.
As used in this article, the following terms
shall have the meanings indicated:
A 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.
Any agricultural use, including farming, dairying, pasturage,
horticulture, aquiculture, floriculture, viticulture, apiculture,
animal and poultry husbandry and forestry, including the harvesting
of timber.
A deeded covenant between landowners and the Township of
Girard under Pennsylvania Act 43 of 1981.
[1]A 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.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
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 subdivision plat or plan
or for the approval of a development plan (MPC).
A parcel of land bounded by streets, railroad rights-of-way,
waterways, parks, unsubdivided acreage or a combination thereof.
The duly elected governing body of Girard Township, Erie
County, Pennsylvania.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals or property.
The line within a property defining the required minimum
distance between any building and the adjacent right-of-way and/or
property lines.
The surface of a street or alley available for vehicular
traffic.
An 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.
The 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.
A 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.
A 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.
The County of Erie, Pennsylvania.
The Erie County Department of Planning, Erie County, Pennsylvania.
A right-of-way which cuts across a block to furnish access
for pedestrians to adjacent streets or properties.
A street open to traffic at one end and terminating at the
other in a vehicular turnaround.
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.
The Erie County Department of Planning or the Planning agency
(to include the staff).
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.
Any 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.
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, 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.[2]
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
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
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.
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.
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.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A 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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
A 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.
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 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.
A temporary inundation of normally dry land areas.
Any 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.
A 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.
A 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.
The 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.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
Any of the following activities:
The improvements of one lot or two or more contiguous
lots, tracts or parcels of land 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 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;
A subdivision of land.
For the purposes of this chapter, land development
does not include development which involves:
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.
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, shall be deemed
to be a landowner.
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.
The 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.
A lot at the junction of and fronting on two or more intersecting
street rights-of-way.
A 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.
A lot which abuts streets in both the front, rear and/or
side yards.
A lot that has only a narrow portion connecting a larger
area to a street.
A 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.
A lot extending between and having frontage on an arterial
street and a local access street, and with vehicular access solely
from the latter.
A mean horizontal distance between the side lot lines measured
at its widest and narrowest points.
A street parallel and adjacent to major thoroughfares, providing
access to abutting properties.
A 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.
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 or duplex mobile home, which is leased
by the park owner to the occupants of the mobile home erected on the
lot.
A 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.
A 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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
Pennsylvania Municipalities Planning Code, Act 247 of July
31, 1968,[4] as amended.
[5]An informal plan not necessarily to scale indicating salient
existing features of a tract and its surroundings and general layout
of the proposed subdivision.
A 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.
A complete and exact subdivision or land development plan
prepared for official recording as required by statute and this chapter.
An 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.
The map or plan of subdivision or land development, whether
preliminary or final.
Parks, playgrounds and other public areas, and sites for
public schools, sewage treatment, refuse disposal and other publicly
owned or operated facilities.
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.
Includes 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.
Replats 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.
A narrow parcel of ground having inadequate area for building
purposes separating a street or a proposed street from other adjacent
properties.
Land 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.
A 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.
A 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.
The 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.
A professional attorney licensed as such in Pennsylvania,
duly appointed as the Municipal Solicitor of Girard Township.
A 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:
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.
An 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.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A developer, upon final approval of a subdivision plat.
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, 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.
Any subdivision which is not a minor subdivision.
A 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.
[6]A professional surveyor licensed as such in the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff, but which is mowable and not a ditch.
A temporary circular turnaround at the end of a road, which
terminates at or near the subdivision boundary bordering undeveloped
land
Surface 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.
Girard Township, Eric County, Pennsylvania.
A professional engineer licensed as such in Pennsylvania,
duly appointed as the Township Engineer of Girard Township.
A plan to show all existing and proposed fire hydrants, water
and sewer lines, storm sewer lines, gas and electric lines, and streetlighting.
A permanent stream, intermittent stream, river, brook, creek,
or a channel, drain, or ditch for water, whether natural or man-made.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within Girard Township.
That portion of a lot which is unoccupied and open to the
sky and extends from the lot line to the yard line.
A yard between an adjacent right-of-way and the building
line and extending for the full width of the lot.
A 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.
A 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.
An open yard space between the side lot line and parallel
thereto extending from the front lot line to the rear lot line.
