(a) Rules of Construction. Unless otherwise expressly stated, the following terms shall, for the purpose of these Subdivision and Land Development Regulations, have the meanings indicated. Words in the singular include the plural, and words in the plural include the singular. The masculine shall include the feminine, and the feminine shall include the masculine. The word “person” includes a corporation, unincorporated association and a partnership as well as an individual or any other legal entity. The words “shall” and “will” are mandatory, and the word “may” is permissive. An “agency” shall be construed to include its successors or assigns. Words not defined in this section or the Pennsylvania Municipalities Planning Code shall have their normal meaning.
(b) Definitions.
(1) Accessory Building: - A subordinate building the use of which is customarily incidental to that of the principal building on the, same lot.
(2) Alley: - A minor right of way, publicly owned, primarily for service access to the back and sides of properties.
(3) Applicant: - A landowner or developer, as hereinafter defined, who has filed an application for development, including his or her heirs, successors and assigns.
(4) 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, and application for a building permit, for the approval of a subdivision plat or plan or for the approval of a land development plan.
(5) Block: - An area, divided into lots, and usually bounded by streets.
(6) Board: - Ellwood City Zoning Hearing Board.
(7) Borough Engineer: - A professional engineer licensed as such in Pennsylvania and duly appointed as the Engineer of the Borough.
(8) Borough Planning Commission: - The Planning Commission of the Borough.
(9) Borough Solicitor: - A professional attorney licensed as such in Pennsylvania, duly appointed as the Solicitor of the Borough.
(10) 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.
(11) Cartway or Roadway: - The improved surface of a street or road designed for vehicular traffic.
(12) Clear Sight Triangles: - An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street centerlines.
(13) Common Open Space: - A parcel or parcels of land or area of water, or a combination of land and water, within a development site, designed and intended for the use or enjoyment of residents of a development site, not including streets, off-street parking areas and areas set aside for public facilities.
(14) Comprehensive Plan: - The Ellwood City Borough Comprehensive Plan, and any amendments thereto.
(15) 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 buildings 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.
(16) Corner Lot: - A lot located at the intersection of two or more existing or proposed street rights of way.
(17) Cul-de-sac: - A street intersecting another street at one end and terminating at the other in a vehicular turn-around.
(18) Cut: - An excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade; or the material removed in excavation.
(19) Department of Environmental Resources (DER): - The Pennsylvania Department of Environmental Resources, 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.
(20) Designated Flood Plain Areas: - A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation in a 100-year flood.
(21) Detention Pond: - An area in which surface water runoff is temporarily stored pending its release at a controlled rate.
(22) Developer: - A landowner, an agent of such landowner or a tenant with permission of such landowner, who makes or causes to be made a subdivision of land or land development.
(23) 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.
(24) 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 the development plan” when used in these Regulations shall mean the written and graphic materials referred to in this definition.
(25) Double-Frontage Lot: - A lot with front and rear street frontage.
(26) Drainage: - The removal of surface water or ground water from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development.
(27) 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 ground water.
(28) Drainage Right-of-Way: - The lands required for installation of storm water 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.
(29) Driveway: - A private vehicular passageway providing land for public and quasi-public purposes, including such things as utilities and drainage.
(30) Engineer: - A professional engineer licensed as such in the Commonwealth.
(31) Erosion: - The removal of surface materials by the action of natural elements.
(32) 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 current State law (Erosion and Sedimentation Control), Title 25, Chapter 102.
(33) 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, including the conditions resulting therefrom.
(34) Fill: - Any act by which earth, sand, gravel, rock or any other similar 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, including 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; or the material used to make a fill.
(35) Flood Plain: - The area along a natural watercourse which may from time to time be overflowed by water therefrom.
(36) Floodway: - 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.
(37) 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.
(38) Improvements: - Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.
(39) Land Development: -
A. “Land development” includes 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; or
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;
2. A subdivision of land.
B. “Land development” does not include development which involves:
1. The conversion of an existing single-family detached dwelling or a 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; or
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 paragraph, 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.
(40) 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 persons having a proprietary interest in land.
(41) 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.
(42) 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 rights of way, but including the area of any easement.
(43) Lot, Corner: - A lot abutting upon two or more streets at their intersection, the front of which shall be considered to be the frontage or 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.
(44) Lot, Double Frontage: - An interior lot which abuts streets in both the front and rear.
(45) Lot, Interior: - A lot having side lot lines which do not abut on a street.
(46) Lot, Minimum Width: - The distance between the side lot lines measured at the building setback line.
(47) Lot, Nonconforming: - A lot of record at the time of the adoption of these Regulations, which, by reason of area of dimension, does not conform to the requirements of these Regulations.
(48) 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 Beaver and Lawrence Counties, Pennsylvania.
(49) 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.
(50) Maintenance Guarantee: - Any security, other than cash, which may be accepted by the Ellwood City Borough for the maintenance of any improvements required by these Regulations.
(51) Major Subdivision: - Any subdivision not classified as a minor subdivision.
(52) 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 a land and property survey, and to facilitate the sale of lots.
(53) Minor Subdivision: - The subdivision of land into not more than five parcels, including the residual located on an existing improved street that does not involve installation of improvements as required by these Regulations; extension of utilities; frontage on an arterial or collector street; an adverse effect on adjoining properties; and conflict with the Comprehensive Plan of the Borough or any portion of these Regulations or other State, County or Municipal ordinances, laws or regulations.
(54) 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 incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation; and as may be permitted by the Borough Zoning Code.
(55) 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.
(56) Monument: - A concrete, stone or other permanent object placed to designate boundary lines, corners of property and rights of way of streets and utilities, for the purpose of reference in land and property surveys.
(57) Municipal Authority: - A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 1641), known as the Municipalities Authority Act of 1945.
(58) One Hundred Year Flood: - A flood that, on the average, is likely to occur once every 100 years.
(59) Performance Guarantee: - Any security which may be in lieu of a requirement that certain improvements be made before the Borough approves a final subdivision or land development plan, including performance bonds, escrow agreements and other similar collateral or surety agreements.
(60) Person: - An individual, partnership, corporation or other legally recognized entity.
(61) Plan, Final: - A complete and exact subdivision plan prepared for official recording as required by statute and these Regulations.
(62) Plan, Preliminary: - The preliminary drawing indicating the proposed layout of the subdivision to be submitted to the Borough for consideration as required by these Regulations.
(63) Plan, Sketch: - An informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and a general layout of the proposed subdivision.
(64) 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.
(65) Planning Code: - The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 and such other amendments to the same as may be adopted from time to time.
(66) Plat: - The map or plan of a subdivision or land development, whether preliminary or final.
(67) Public Grounds: - Parks, playgrounds and other public areas, and sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
(68) Public Hearing: - A formal meeting held pursuant to public notice by the Ellwood City Borough or the Planning Commission of Ellwood City Borough, intended to inform and obtain public comment, prior to taking action in accordance with these Regulations.
(69) 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,” 54 P.S. §§ 271 et seq.
(70) Public Notice: - Notice as required under the provisions of the Pennsylvania Municipalities Planning Code.
(71) Regulatory Flood Elevation: - The 100-year flood elevation plus a freeborn safety factor of one and one-half feet.
(72) Resubdivision: - Any subdivision or transfer of land, laid out on a plan which has been approved by Ellwood City Borough, which changes or proposes to change property lines and/or public rights of way not in strict accordance with the approved plan. (See also Subdivision Replat.)
(73) 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.
(74) Reverse Strip: - A narrow parcel of ground having inadequate area for building purposes separating a street or a proposed street from other adjacent properties.
(75) Right of Way: - Land dedicated for use as a public street, alley or crosswalk, which may also be used by sewer, water, storm sewer, electric, gas, telephone and cable systems.
(76) 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.
(77) Secretary: - The Secretary of the Ellwood City Borough.
(78) 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.”
(79) 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.
(80) Setback (Building Setback Line): - The line within a property defining the required minimum distance between a structure and the ultimate adjacent right of way, and the line defining side and rear yards where required.
(81) 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.
(82) 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.
(83) Sight Distance: - The extent of unobstructed vision, in a horizontal or vertical plane, along a street.
(84) Slope: - The face of an embankment or cut section; or any ground whose surface makes an angle with the plane of the horizon.
(85) 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 the suitability of soil for on-site sewage disposal.
(86) 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:
A. Local Access Streets: - Those used primarily to provide access to abutting properties. (Also minor streets.)
B. Collector Streets: - Those which, in addition to giving access to abutting properties, intercept local access streets and provide routes carrying considerable volumes of traffic to community facilities and to arterial streets. (Also major streets.)
C. Arterial Streets: - Those 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 Streets: - Minor streets, parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with the arterial street.
(87) 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.
(88) Structure: - Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, in addition to buildings, billboards, carports, porches, swimming pools and other building features, but not including sidewalks, drives, fences and porches without a roof or enclosed sides.
(89) 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 ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
(90) Subdivision Replat: - The change of a lot line between two abutting existing parcels not intended to create a new parcel and where such lot line change is in full compliance with these Regulations and other ordinances, rules and regulations of the Borough. A replat which involves the creation of new lots or involves more than two lots shall be treated as a major or minor subdivision.
(91) Substantially Completed: - Where, in the judgment of the Borough Engineer, at least ninety percent (based on the cost of the required improvements for which financial security was posted) 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.
(92) Surveyor: - A professional surveyor, licensed as such in the Commonwealth of Pennsylvania.
(93) Swale: - A low-lying stretch of land characterized as a depression used to carry surface water runoff.
(94) Temporary Turn-around: - A temporary circular turn-around at the end of a road which terminates at or near the subdivision boundary bordering undeveloped land.
(95) 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.
(96) Underdeveloped Land: - Any lot, tract or parcel of land which has not been granted or in any other manner prepared for the construction of a building or other improvement.
(97) 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.
(98) Utility Plan: - A plan to show all existing and proposed fire hydrants, water and sewer lines, storm sewer lines, gas and electric lines and street lighting.
(99) Water Facility: - Any water works, water supply works, water distribution system or part thereof, designed, intended or constructed to provide or distribute potable water.
(100) Water Survey: - An inventory of the source, quantity, yield and use of ground water and surface water resources within the Borough.
(101) Watercourse: - A permanent stream, intermittent stream, river, brook, creek, or a channel, drain, or ditch for water, whether natural or man- made.
(Ord. 2143. Passed 8-16-93.)