For the purpose of this chapter, words in the singular include the plural,
and words in the plural include the singular. The word "person" includes a
corporation, unincorporated association and a partnership as well as an individual
or any other legal entity. Words used in the present tense include the future
tense, the terms "shall" and "will" are always mandatory, and the word "may"
is permissive.
Unless otherwise expressly stated, the following words shall, for the
purpose of this chapter, have the meanings herein indicated:
A subordinate building, the use of which is customarily incidental
to that of the main building and is used for an accessory use, and is located
on the same lot, or lots.
A use customarily incidental and subordinate to the principal use
and located on the same lot with the principal use.
A minor right-of-way providing secondary vehicular access to the
side or rear 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 or land development plan, or for the approval of
a land development plan.
A municipal sewer is considered available if, in the opinion of the
Planning Commission, Board of Supervisors, and the Township Engineer, it is
considered feasible to make the connection.
The net land area divided by the number of lots developed.
The Zoning Hearing Board of the Township of Kilbuck, Allegheny County,
Pennsylvania.
Any structure having a roof supported by columns or walls and intended
for the shelter, housing or enclosure of any individual, animal, process,
equipment, goods or material of any kind or nature. When separated by walls
which are common with the walls of adjoining buildings, each portion of such
structure shall be considered a separate building.
An imaginary line located a fixed distance from the front line of
the lot and interpreted as being the nearest point that a building may be
constructed to the front lot line. The building line shall limit the location
of porches, patios and similar construction, steps excepted, to the face of
this line.
That portion of the street right-of-way surfaced for vehicular use.
Width is determined from face of curb to face of curb, or from one edge of
driving surface to the other edge of driving surface.
That triangular area lying between the intersection of two streets
and the line of sight across the corner lots from points at a given distance
along the center line of each street.
The land area set aside for joint recreational (active or passive),
aesthetic or density requirement purposes.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and 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.
The comprehensive development plan of the Township of Kilbuck, indicating
the general locations recommended for circulation facilities, community improvements
and land uses.
A unit in which, or an arrangement under which, a tenant in a multifamily
building or in a complex of multiunit dwellings holds full title to his or
her unit and joint ownership in the common grounds.
The combination of two or more lots, tracts or parcels of land into
one lot, tract or parcel for the purpose of sale, lease or development of
a building or lot.
Allegheny County, Pennsylvania
Allegheny County Department of Economic Development.
An obligation defined by law or agreement, a violation of which can
be restrained by court action; these are usually stated in the deed.
A residential street with one end open to traffic and pedestrian
access and permanently terminated by a vehicular turnaround.
An excavation; the difference in vertical elevation between a point
on the surface of the original ground and a point of lower elevation on the
finished grade; material removed in excavation.
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.
An area in which surface water runoff is temporarily stored pending
its release at a controlled rate.
Any person, individual, firm, partnership, association, corporation,
estate, trust or any other group or corporation acting as a unit dividing,
developing or proposing to divide or develop land, so as to constitute a subdivision
or land development as defined by the Township Code and includes any agent
of the subdivider or developer.
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.
A lot having two or more of its nonadjoining property lines abutting
a street or streets, usually having front and rear street frontage.
A private vehicular passageway providing access between a street
and a private parking area or private garage.
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.
Any structure, or part thereof, designed to be occupied as living
quarters as a single housekeeping unit. It shall not be deemed to include
hotels, boardinghouses or rooming houses, institutional homes and residence
clubs.
A right-of-way granted for the use of private land for a public or
private purpose.
The Engineer of the Township of Kilbuck.
The detachment and movement of soil or rock fragments, or the wearing
away of the surface of the land by wind, water, ice, or gravity.
The required charge, which shall be payable to the municipality,
established from time to time by resolution of the Supervisors collected to
defray the costs of processing an application, reviewing an application or
inspecting the installation of improvements.[1]
Any act by which earth, sand, gravel, rock or any other material
is placed, 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 finished grade; the material used to make a fill.
That portion of the flood hazard area outside of the floodway based
on the total area inundated during the regulatory base flood plus 25% of the
regulatory base flood discharge.
The floodplain consisting of the floodway and the flood fringe area.
A flood that, on the average, is likely to occur once every 100 years
(i.e., that has a one-percent chance of occurring each year, although the
flood may occur in any year).
The channel and the relatively flat area adjoining the channel of
a natural stream or river which has been or may be covered by floodwater.
The channel of a natural stream or river and portions of the floodplain
adjoining the channel, which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream.
The open space extending across the entire width of the lot between
the front line of the building and the street line.
Those physical changes to the land necessary to produce usable and
desirable lots from raw acreage including but not limited to grading, paving,
curbs, gutters, storm sewers and drains, improvements to existing watercourses,
sidewalks, crosswalks, street signs, monuments, water supply facilities, and
sewage disposal facilities.
Any of the following activities:
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 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;
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
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 requirements of buildings
and other structures; the intensity of use or density of development; streets,
ways and parking facilities; common open space and public facilities, if any.
The land development plan shall include all of the written and graphic information
required by this chapter.
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.
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 area within the lot lines of a lot, excluding any street
rights-of-way.
A lot abutting upon two or more streets at their intersection, the
front of which shall be considered to be the frontage of least dimension on
a street, except that where any two frontages shall each exceed 150 feet in
length, either frontage may be designed as the "front" of the lot.
The mean horizontal distance between the front and rear lot lines.
The portion of the lot which abuts the street measured along the
front lot line.
A lot of record at the time of the adoption of this chapter which,
by reason of area or dimension, does not conform to the requirements of this
chapter.
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 Allegheny County, Pennsylvania.
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 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 mobile home.
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.
The gross area of a lot, parcel or tract of land, less the area of
any lands contained within the right-of way of a public street or streets,
on or adjacent to the lot, parcel or tract.
A tract of land which is recorded in a plan of subdivision or any
other tract of land described in a deed or legal instrument pursuant to the
laws of the Commonwealth which is intended to be used as a unit for development
or transfer of ownership.
The Pennsylvania Department of Transportation.
Act 247 of 1968, as amended by Act 170 of 1988, 53 P.S. § 10101
et seq., and as it may be amended.
A natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business trust, organization, or
the manager, lessee, agent, servant, officer or employee of any of them.
The Comprehensive Plan of Kilbuck Township.
The map or plan of a proposed subdivision or land development containing
all the information required by this chapter and the Allegheny County Subdivision
and Land Development Regulations for final plan approval and in a form acceptable
for recording in the office of the Allegheny County Recorder of Deeds.
The legally appointed Planning Commission of the Township of Kilbuck.
The map or plan of a proposed subdivision or land development which
contains all of the information required by this chapter for preliminary approval
of a proposed subdivision or land development.
The map or plan of a subdivision or land development, whether preliminary
or final.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment, prior
to taking action in accordance with the Pennsylvania Municipalities Planning
Code.
All roads, streets, walkways, gutters, stormwater management facilities,
curbs, sewers, landscaping and other facilities to be dedicated to or maintained
by the Township for which plans, specifications and construction shall comply
with municipal construction standards.
A forum held pursuant to notice under the Act of October 15, 1998,
P.L. 729, No. 93 (65 Pa.C.S.A. § 701 et seq.), known as the "Sunshine
Act."[2]
A notice published once a 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 not be more than 30 days and the
second publication shall not be less than seven days from the date of the
hearing.
The total extent of land reserved or dedicated as a street or way,
alley or lane, for public or private purposes. This includes land reserved
or dedicated for the location of utilities.
The process by which soil or other surface material is accumulated
or deposited by wind, water, or gravity.
The line within a property defining the required minimum distance
between any structure and the ultimate adjacent right-of-way, and the line
defining side and rear yards where required.
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.
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.
The required length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed by
traffic. Sight distance measurements shall be made from a point 10 feet from
the edge of the cartway, 3 1/2 feet high, to a point 3 1/2 feet
above the road surface.
The face of an embankment, fill or cut section; any ground whose
surface makes an angle with the plane of the horizon, expressed as a percentage
based upon the number of feet of vertical difference in elevation per 100
feet of horizontal distance.
A field test conducted to determine the absorption capacity of soil
to a specified depth in a given location for the purpose of determining suitability
of soil for on-site sewage disposal.
A public or private right-of-way, excluding driveways, intended for
use as a means of vehicular and pedestrian circulation which provides a means
of access to abutting property. The word "street" includes thoroughfare, avenue,
boulevard, court, drive, expressway, highway, lane, alley and road or similar
terms.
A public street which serves large volumes of local and through traffic
and which collects and distributes traffic from collector streets through
the region and which collects and carries a daily volume of 8,000 AWDT (average
weekday traffic) or more.
An imaginary line which passes through the middle of a proposed or
existing right-of-way. This line may or may not coincide with the physical
cartway center line.
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 and
which carries a daily volume of at least 3,000 AWDT, but no more than 7,999
AWDT.
A public street designed to provide access to abutting lots and to
discourage through traffic which carries a daily volume of less than 3,000
AWDT.
The procedure applied to new or existing streets or streets under
construction including resurfacing, regarding drainage improvement, pothole
repair, dust prevention practices and snow removal.
A street, including the entire private right-of-way, which is privately
owned and maintained. 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.
A street including the entire public or private right-of-way which
has been dedicated to and accepted by the municipality, the county, or the
Commonwealth for public use.
Any man-made object having an ascertainable stationary location on
or in land or water, whether or not affixed to the land.
[3]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 10 acres,
not involving any new street or easement of access or any residential dwelling,
shall be exempted.
A subdivision, containing four or more lots or any subdivision, regardless
of the number of lots, which involves the creation, extension or improvement
of any public street.
A subdivision containing not more than three lots, proposed either
for the construction of one-family dwellings or two-family dwellings or for
the transfer of property between lots which contain existing one-family dwellings
or two-family dwellings, all of which have frontage on an improved public
street, and which subdivision does not involve the construction or improvement
of any public street and which does not adversely affect the future development
of the remainder of the parcel or any adjoining property.
The Township Supervisors of the Township of Kilbuck.
A professional surveyor licensed in the Commonwealth of Pennsylvania
in accordance with the Act of May 23, 1995 (P.L. 913, No. 367) known as the
"Engineer, Land Surveyor, and Geologist Registration Law."[4]
A map showing ground elevations by contour lines and the location
of important natural and other objects.
The Township of Kilbuck.
An area devoted to outdoor recreational space, greenery and/or services
for household activities which are normally carried on outdoors. The area
is accessible and available to all occupants of the dwellings. It does not
include streets or roadways open to vehicular traffic, or individual parking
spaces or loading space.
A plan to show all existing and proposed fire hydrants, water and
sewer lines, gas and electric lines, and streetlighting.
A permanent stream, intermittent stream, river, brook, creek, channel,
or ditch which carries water, whether natural or man-made.
An area of trees whose total combined canopy covers one acre or more,
in which at least 70% of the canopy trees have a diameter at breast height
(DBH) of 2.5 inches or more. Woodlands may also include tree plantations for
commercial or conservation purposes, and groves or stands of trees covering
less than one acre. Categories of woodlands shall be as follows:
MATURE WOODLANDAn area of trees whose total combined canopy covers one acre or more, in which at least 50% of the canopy trees have a DBH of 10 inches or more.
GROVES AND STANDSA contiguous grouping of eight or more individual trees having a DBH of at least 12 inches, and whose combined canopy covers at least 50% of the area encompassed by the grove, and which is not located within a woodland.
A yard between the building and the adjacent side lot line, extending
from the front yard to the rear yard of the lot.
[4]
Editor's Note: See 63 P.S. § 148 et seq.
