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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word “person” includes a corporation, unincorporated association and a partnership as well as an individual. The word “building” shall be construed as if followed by the words “or part thereof”. The words “shall” and “will” are mandatory; the word “may” is permissive. An “agency” shall be construed to include its successors or assigns.
APPLICANT. A landowner or developer, as hereinafter defined, who has filed an application for development including his or her heirs, successors and assigns.
ALLEY OR SERVICE DRIVE. A minor right-of-way privately- or publicly-owned, primarily for service access to the back and sides of properties.
BASEMENT. A story having more than 50% of its clear height above the average level of the surrounding ground but with a floor elevation below grade. A BASEMENT shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for a dwelling unit not spaced on other floors of the building.
BUILDING OR SETBACK LINE. The line within a property defining the required minimum distance between any building and the adjacent right-of-way and/or property lines.
CARTWAY. The surface of a street or alley available for vehicular traffic.
CELLAR. A story having more than 50% of its clear height below the average level of the surrounding ground. A CELLAR shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for dwelling purposes.
CITY ENGINEER. An engineer engaged by the city in the official capacity of City Engineer.
COMMISSION. The Planning Commission of the city.
CORNER LOT. 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.
CROSSWALK. A right-of-way, municipally- or privately-owned intended to furnish access for pedestrians.
CUL-DE-SAC. A street intersecting another street at one end and terminating at the other in a vehicular turn-around.
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.
DEVELOPER. 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.
DOUBLE-FRONTAGE LOT. A lot with front and rear street frontage.
DWEL1ING UNIT. An structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
EASEMENT. A right-of-way granted for limited use of land and public and quasi-public purposes including such things as utilities and drainage.
ENGINEER. A professional engineer licensed as such in the Commonwealth of Pennsylvania.
EROSION AND SEDIMENT CONTROL PLAN. A plan showing all present and proposed grades and facilities for storm water, drainage, erosion and sediment controls, and which is in accordance with the requirements of the Department of Environmental Resources.
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 and 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 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.
FLOOD. A temporary inundation of normally dry land areas.
FLOOD PLAIN. See FLOOD-PRONE AREA.
FLOOD-FRINGE AREA. That portion of the flood plain outside of the floodway area.
FLOOD-PRONE AREA. A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING. Any combination of structural and non-structural 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.
FLOODWAY AREA. The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the 100-year magnitude.
GOVERNING BODY. The City Council of the city.
IMPROVEMENTS. Those physical additions and changes to the land that may be necessary to produce useable and desirable lots.
LAND DEVELOPMENT.
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving a group of two or more buildings; or the division or allocation of land or space 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.
(2) A subdivision of land.
LANDOWNER OR 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 or she 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 for the purposes of these regulations.
LOT. A parcel of land intended for transfer of ownership, use, or improvements and/or dedication.
LOT AREA. The area contained within the property lines of the individual parcels of land as shown on a subdivision plan, excluding space within any street, but including the area of any easement.
MARGINAL ACCESS STREETS. A street parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with major traffic streets and no on-street parking.
MOBILE HOME. 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.
MOBILE HOME LOT. A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK. 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.
OBSTRUCTION. Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood prone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life end property.
ONE HUNDRED YEAR FLOOD. A flood that, on the average, is likely to occur once every 100 years (such as, one that has a 1% chance of occurring each year, although the flood may occur in any year).
PLAN, FINAL. A complete and exact subdivision plan prepared for official recording as required by statute and regulations.
PLAN, PRELIMINARY. The preliminary drawing indicating the proposed layout of the subdivision to be submitted to the Commission for consideration.
PLAN, SKETCH. An informal plan not necessarily to scale indicating salient existing features of a tract and its surroundings and general layout of the proposed subdivision.
PLANNING AGENCY. The Planning Commission.
PLANNING COMMISSION. The Planning Commission of the city.
PLAT. The map or plan of subdivision or land development, whether preliminary or final.
PUBLIC GROUNDS. Parks, playgrounds and other public areas, and sites for schools, sewage treatment, refuse disposal and other publicly-owned or operated facilities.
PUBLIC SEWER AND WATER. Include municipal systems, mobile home park systems or other systems that service two or more dwelling units and/or lots of record, such as private, group, association or project systems.
REVERSE FRONTAGE LOT. A lot extending between, and having frontage on an arterial street and a minor street, and with vehicular access solely from the latter.
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”.
SLOPE. The face of an embankment or cut section; any ground whose surfaces makes an angle with the plane of the horizon.
STAFF. Employees, or persons otherwise engaged by the city, who aid in the administration of these regulations and also serve the Planning Commission in that capacity.
STREET. Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways or strips of land used or intended to be used by vehicular traffic or pedestrians whether public or private, and including the entire right-of-way. Particular types of streets are further defined as follows:
(1) COLLECTOR. This class of road serves the internal traffic movement within the municipality and connects developed areas with the arterial system. They do not accommodate long, through trips and are not continuous for any appreciable length. The principal difference between collector and arterial roads is the length of trip accommodated. The collector system is intended to simultaneously supply abutting property with the same degree of land service as a minor street and accommodate local internal traffic movements.
(2) LOCAL OR MINOR. The minor streets sole function is to provide access to immediately adjacent land. They normally represent a fairly large percentage of the total street mileage, but carry a small portion of the vehicle miles traveled daily.
(3) MINOR ARTERIAL. Arterials bring traffic to and from the expressway and serve major movements of traffic within or through the areas not served by expressways. They serve primarily to move traffic, but also perform a secondary function of land service.
(4) PRINCIPAL ARTERIAL OR EXPRESSWAY. This class of highway facility is devoted entirely to the task of moving large volumes of traffic and performs little or no land service function. It is generally characterized by some degree of access control. Normally, this classification should be reserved for multi-lane, divided roads with few, if any, grade intersections.
STREET CENTERLINE. 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.
STRUCTURE. Any man-made object having an ascentainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDER. A developer, upon final approval of a subdivision plat.
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, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access, shall be exempted. The term SUBDIVISION also includes the following:
(1) Any development of a parcel of land, (for example, as a shopping center, an industrial park or a multiple dwelling project), which involves installation of streets and/or alleys, even though the streets and alleys may not be dedicated immediately for purposes of conveyance, transfer or sale;
(2) Resubdivision and, as appropriate in these regulations, the process of subdividing land and the land subdivided; and
(3) The division of any part, parcel or area of land into two or more lots irrespective of the length of time which may elapse prior to the time the second lot or area is created and became existent.
SUBDIVISION - MAJOR. Any subdivision which is not a minor subdivision.
SUBDIVISION - MINOR. A subdivision having ten lots or less and which has all lots fronting on an existing street, and which does not include or require new sanitary sewer main extensions, or the dedication of streets or alleys.
SURVEYOR. A professional surveyor licensed as such in the Commonwealth of Pennsylvania.
SWALE. A low lying stretch of land which gathers or carries surface water runoff, but which is mowable and not a ditch.
TEMPORARY TURN-AROUND. A temporary circular turn-around at the end of a road.
TOPSOIL. Surface soils and subsurface soils which presumable are fertile soils and soil material, ordinarily rich in organic matter or humus debris. TOPSOIL is usually found in the uppermost soil layer.
UTILITY PLAN. A plan to show all existing and proposed fire hydrants, water and sewer lines, and street lighting.
WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, or a channel, drain, or ditch for water, whether natural or man-made.
(Ord. 1286, passed 6-7-1982)
PROCEDURES; MAJOR SUBDIVISIONS
(A) Developers are urged to discuss possible development sites with city officials, the County Metropolitan Planning Department, and other agencies as required, prior to submission of the preliminary plan. The purpose of the pre-application meeting is to afford the developer an opportunity to avail himself or herself of available advice and assistance, and to consult early and informally with the agencies having jurisdiction or responsibilities in land development or subdivision.
(B) The developer may also consult with other parties with a view to reaching at this initial stage, firm conclusions regarding the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrangement of streets, lots and other features of the proposed development.
(D) Such discussion and/or sketch plan review will be considered as confidential. Submission of a sketch plan shall not constitute formal filing of a plan with the Commission.
(Ord. 1286, passed 6-7-1982)
(A) The preliminary plan and all information and procedures relating thereto shall in all respects be in compliance with the applicable provisions of these regulations when submitted to the Commission. It is the responsibility of the developer to coordinate his or her plans pursuant to the provisions of these regulations with all private and public service agencies and utility companies.
(B) All plans shall be reviewed by the Commission and/or city officials during regular office hours.
(C) In addition to filing an application for approval of a preliminary plan with the Commission, the plan shall also be concurrently submitted to the Erie Metropolitan Planning Department.
(Ord. 1286, passed 6-7-1982)
(A) After receipt of all required data, the Commission and/or staff will discuss the preliminary plan with the developer or his or her agent and will request the developer to obtain a report from the County Department of Health if on-site sewage disposal and/or on-site individual water supply are planned. In cases where the subdivision fronts on an existing or proposed state highway or has proposed streets entering on such highways, the Commission and/or city may submit the plans to the Pennsylvania Department of Transportation for review.
(B) The Commission will then review the plan to determine if it meets the standards as set forth in these regulations.
(C) The Commission and City Council shall review the preliminary plan for approval to determine its conformity to the design standards and requirements contained in these regulations. Within five calendar days after this review, the Commission shall notify, in writing, the developer or his or her agent, the action taken specifying what changes or additions, if any, will be required prior to review of the final plan.
(D) Any modification of the preliminary plan required as prerequisites to approval shall be noted on four copies of the preliminary plan. One copy will be returned to the developer, one will be retained by the Commission and one will be retained by City Council and the fourth will be filed with the County Metropolitan Planning Department.
(E) Approval of the preliminary plan shall constitute approval of the subdivision as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots, and other planned features, but shall not authorize the sale of lots.
(F) The city may issue a building permit for the construction of one sample home upon approval of the preliminary plan, but is not required to issue such a permit.
(Ord. 1286, passed 6-7-1982)
(A) After the developer has received official notification that the preliminary plan has been approved and what changes, if any, must be made if the plan is to proceed to consideration as a final plan, he or she has one year in which to submit a final plan. If he or she does not do so within a one-year period, the approval of the preliminary plan shall become null and void unless an extension of time is requested by the developer in writing and is granted in writing by the Commission before the expiration date.
(B) When an extension of time is granted for the submission of a final plan, the Commission shall do one of two things when the final plan is submitted:
(1) Make a finding that the conditions on which its approval of the preliminary plan was based have not changed substantially; or
(2) Require changes in the plan, prior to final approval, that will reflect any substantial changes on the site of the subdivision or in its surroundings, that have taken place since the grant of preliminary approval.
(C) It is not necessary for the whole plan that received preliminary approval to be submitted as a final plan. The final plan may be submitted in sections, each covering a portion of the entire proposed subdivision shown on the preliminary plan. Except for the initial preliminary plan stage, the one-year time limit does not apply.
(D) The developer must provide sewerage and water plans for the entire preliminary plan regardless of the number of lots to be initially developed.
(E) If completion of improvements is required prior to receiving final approval of the plan, the final plan may be given conditional approval. The plan and design requirements for conditional approval are the same as for final approval. Upon completion of the required improvements, the conditional plan may proceed to final plan approval. Upon receiving conditional approval, one sample home may be constructed, if a building permit has been issued by the city.
(Ord. 1286, passed 6-7-1982)
(A) The Commission shall take action and report within 45 calendar days from the date of submission of the final plan. Otherwise, such plan shall be deemed to have been approved, and a certificate as to the date of submission of the final plan for approval to the Commission and the failure of said Commission to report action thereon within 45 calendar days shall be issued on demand of the developer or his or her agent by the Commission. The grounds of modification or of disapproval of any final plan submitted to the Commission shall be stated on the records of the Commission, and may include the refusal or failure of the developer to furnish such documents as the Commission may require pursuant to these regulations, or to comply with such provisions of the following division as the Commission may have required as prerequisites to approval of the final plan.
(B) Prior to final approval of the plan by the Planning Commission, the plan shall be submitted by the Commission, together with recommendations, to City Council for approval. Final approval by the Commission shall not be granted unless the plan has been approved by City Council.
(C) After completion of all procedures and upon approval of a final plan, the Commission shall notify the subdivider or his or her agent of such actions. The developer shall then present this plan for the required signatures of the County Metropolitan Planning Department, the Commission, and the city, and subsequently be recorded. In no case shall the plan be recorded after 90 days from the date of the original approval by the city and Commission. Should the developer fail to record the final plan within such a period, the approval shall be null and void unless an extension of time is requested in writing by the developer.
(Ord. 1286, passed 6-7-1982)
(A) (1) The final plan shall be recorded with the County Clerk of Records before proceeding with the sale of lots or construction of buildings. Three copies of the plan, 18 x 24 inches in size, in addition to the original, are required for recording.
(2) Minor subdividers of one lot may be recorded in triplicate on plots of 8-1/2 x 11 inches in connection with the deed.
(B) Recording the final plan after approval shall have the effect of an irrevocable offer to dedicate all streets and other public ways to public use, and to dedicate or reserve all park reservations, and school sites and other public service areas as hereafter provided. Approval shall not impose any duty upon the city concerning maintenance or improvement of any such dedicated streets, parks, areas or portions of same until the proper authorities of the city shall have made actual appropriation of the same by ordinance or resolution, or by entry, use or improvement.
(C) The developer may place a notation on the final plan to the effect that there is no offer of dedication to the public of certain designated public areas, or (in unusual circumstances), streets or alleys, in which event the title to such areas shall remain with the owner, and the city and local authorities shall assume no responsibility for improvement or maintenance thereof, which fact shall also be noted on the final plan. Where applicable, the city shall require a notation on each lot of record that is not suitable for on-lot septic systems as determined by the County Health Department.
(Ord. 1286, passed 6-7-1982)
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