(a) Interpretation. The word "person" includes a corporation, association, partnership or individual. The words" "shall" and "will" are mandatory; the word "may" is permissive. The word "building" includes structure or any part thereof. Words used in the present tense include the future tense.
(b) Definitions. As used in Title Seven, the following terms shall have the meanings indicated:
(1) "Applicant" means a landowner or developer who has filed an application for a subdivision or development, including his or her heirs, successors and assigns.
(2) "Application for development" means any application, whether preliminary or final, required to be filed and approved prior to the start of construction or development, including, but not limited to, an application for the approval of a subdivision plat or plan or for the approval of a development plan.
(3) "Borough" means the Borough of White Oak, Allegheny County, Pennsylvania.
(4) "Borough Council" means the Borough Council of the Borough of White Oak, Allegheny County, Pennsylvania.
(5) "Borough Engineer" means a professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by the Borough Council to serve as the engineer for the Borough.
(6) "Building line" means a line parallel to the front lot line at a distance therefrom which is equal to the depth of the front yard required by the Borough Zoning Ordinance for the zoning district in which the lot is located.
(7) "Cartway" means that portion of the street right of way which is surfaced for vehicular use.
(8) "Clear sight triangle" means 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.
(9) "Completion bond" means a surety, in a form acceptable to the Borough, in the form of cash, a certified check, a letter of credit, a corporate performance bond or a labor and material payment bond from an approved surety company which guarantees the satisfactory completion of improvements required by Title Seven.
(10) "Consolidation" means the combination of two or more lots, tracts or parcels of land for the purpose of sale or lease of a building or lot.
(11) "Construction standards" means those standards prepared by the Borough Engineer dated , 1986, and adopted by Resolution No. of Borough Council on, . 1986, as amended, copies of which are on file in the office of the Borough Manager.
(12) "County" means Allegheny County, Pennsylvania.
(13) "County Planning Commission" means the Allegheny County Planning Commission.
(14) "Cul de sac" means a short street having one end open to traffic and being permanently terminated by a vehicle turnaround, including a court or dead-end street.
(15) "Developer" means any landowner, agent of such landowner or tenant with the permission of such landowner, who proposes, makes, or causes to be made, a subdivision of land or a land development.
(16) "Driveway, private" means a vehicular access route serving only one parcel or lot which provides access to a public street, but which does not provide access to any other lot or parcel under separate ownership.
(17) "Easement" means a grant of one or more of the property rights by the property owner to and for the use by the public, a corporation or another person or entity.
(18) "Engineer" means a professional engineer licensed as such in the Commonwealth. The use of the word "engineer" shall not exclude the practice of topographic surveying as provided for in State law.
(19) "Fee" means the required charge established by Title Seven to defray the cost of processing an application which shall be payable to the Borough at the time an application is filed.
(20) "Final application" means the written and graphic materials specified in Title Seven to be submitted to the Borough in order to obtain final approval of a proposed subdivision or land development plan.
(21) "Final plat" means the map or plan of a proposed subdivision or land development containing all the information required by Title Seven and the Allegheny County Subdivision Regulations for final plat approval and in a form acceptable for recording in the Office of the Allegheny County Recorder of Deeds.
(22) "Inspector" means the Borough Engineer or his or any other authorized representative assigned by Council to make any or all necessary inspections of the work performed and materials furnished by the subdivider or developer or their contractors selected to install the improvements required by Title Seven.
(23) "Land development" means 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; or a subdivision of land.
(24) "Land Development Plan" means a plan which encompasses a proposed land development, which, in addition to a plat of subdivision, if required, includes: all covenants relating to the use of the land; the proposed use, location and bulk of buildings and other structures; the intensity of use or density of development; streets, ways and parking facilities; common open space and public facilities. The land development plan shall include all of the written and graphic information required by the Subdivision Regulations.
(25) "Landowner" means 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 the land.
(26) "Lot" means a tract of land in a plan of subdivision or any other parcel of land described in a deed or legal instrument pursuant to the laws of the Commonwealth of Pennsylvania intended to be used as a unit for development or transfer of ownership.
(27) "Maintenance bond" means a surety, in a form acceptable to the Borough, in the form of cash, a certified check, a letter of credit or corporate bond from an approved surety company which guarantees the repair or maintenance of the improvements required by the Subdivision Regulations for a specified period after their completion and acceptance by the Borough.
(28) "Ordinance". All references to "Ordinance" or "this Ordinance" refer to the Borough of White Oak Subdivision and Land Development Regulations.
(29) "Planning Commission" means the White Oak Borough Planning Commission.
(30) "Plat" means a map or plan, either preliminary or final, indicating the subdivision, consolidation or redivision of land or a land development.
(31) "Preliminary application" means the written and graphic materials specified by the Subdivision Regulations to be submitted to the Borough in order to obtain preliminary approval of a proposed subdivision or land development
(32) "Preliminary plat" means the map or plan of a proposed subdivision or land development which contains all of the information required by the Subdivision Regulations for approval of a preliminary plat.
(33) "Private improvements" means all roads, streets, walkways, gutters, stormwater management facilities, curbs, sewers and other facilities to be owned, maintained or operated by a private entity such as an individual, corporation or Homeowners Association.
(34) "Public improvements" means all roads, streets, walkways, gutters, stormwater management facilities, curbs, sewers and other facilities to be dedicated to or maintained by the Borough for which plans and specifications must comply with the Construction Standards of the Borough.
(35) "Public notice" means notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. 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 thirty days or less than fourteen days from the date of the hearing.
(36) "Street" means a way designed for circulation of vehicular traffic, whether designated as a street, highway, throughway, thoroughfare, parkway, boulevard, road, avenue, lane, place or the like.
(37) "Street, arterial" means a public street which serves large volumes of local and through traffic and which collects and distributes traffic from collector streets through the region.
(38) "Street, collector" means a public street which, in addition to providing access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial streets.
(39) "Street, local" means a public street designed to provide access to abutting lots and to discourage through traffic.
(40) "Street, private" means a street, including the entire private right of way, which is privately owned and maintained through private agreement and which is intended for private use. A private street provides access to several lots or parcels which do not have access to a public street and which require access to a public street through the private street. (See also driveway, private.)
(41) "Street, public" means a street, including the entire public right of way, which has been dedicated to and accepted by the Borough or which has been devoted to public use by legal mapping, use or other means.
(42) "Street, service" means a short street or alley, whether public or private, designed only to provide secondary access to a structure or group of structures or to parking and loading facilities accessory to the structures and which is not intended for general traffic circulation.
(43) "Structure" means any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
(44) "Subdivision" means the divisison 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.
(45) "Surveyor" means a registered professional land surveyor licensed as such by the Commonwealth of Pennsylvania.
(46) "Watercourse" means a channel, creek, drain, river or stream.
(47) "Zoning Ordinance" means the White Oak Borough Zoning Ordinance No. 1420, enacted December 2, 1974, as amended.
(Ord. 2748. Passed 11-17-86.)