Unless otherwise expressly stated, the following words shall
for the purpose of this chapter have the meanings herein indicated.
The present tense shall include the future, the singular number shall
include the plural, words used in the masculine gender shall include
the feminine and the neuter; the word "shall" is always mandatory;
the word "may" is always permissive.
As used in this chapter, the following terms shall have the
meanings indicated:
A flood that on the average is likely to occur once every
100 years.
To join at a border or boundary; to share a common boundary
with.
[Added 2-9-2015 by Ord.
No. 1052]
A minor way, whether or not legally dedicated, intended and
used primarily for vehicular service access to the rear of properties
which abut on a street and not intended for the purpose of through
vehicular traffic.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a development plan.
An area divided into lots and usually bounded by streets.
The Board of Commissioners of Wilkins Township, Allegheny
County, Pennsylvania.
A combination of materials to form a permanent structure
having walls and a roof, including but not limited to all mobile homes
and trailers.
The portion of a street or alley improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street center lines.
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, not including
streets, off-street parking areas and areas set aside for public facilities.
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 building 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.
The County of Allegheny, Pennsylvania.
The Planning Commission of the County of Allegheny.
A minor street intersecting another street at one end and
terminated at the other by a vehicular turnaround.
An excavation; the difference between a point on the original
ground and designated point of lower elevation on the final grade;
also, the 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.
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 as designated in Chapter 450, Zoning, as amended.
An area in which surface water runoff is temporarily stored
pending its release at a controlled rate.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land 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.
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
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 building which is designed for human living quarters,
but not including hotels, boardinghouses, tourist cabins, motels and
other accommodations used for transient occupancy.
A grant of limited use of private land for a public or quasi-public
purpose.
A registered professional engineer in Pennsylvania designated
by the Township.
The engineering criteria of the Township regulating the installation
of any improvement or facility. In the absence of such Township engineering
criteria, the applicable standards of the Allegheny County Subdivision
and Land Development Ordinance shall apply.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed. It 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. It shall include the conditions resulting therefrom.
The difference in elevation between a point on the original
ground and a designated point of higher elevation of the final grade.
The material used to make fill.
The area along a natural watercourse which may from time
to time be overflowed by water therefrom.
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.
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.
Those physical additions, installations and changes required
to render land suitable for the use intended, including but not limited
to grading, paving, curbing, streetlights and signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, crosswalks, driveways, culverts and street shade
trees.
A right-of-way or easement for pedestrian use extending from
a street into a block or across a block to another street.
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.
"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; or
The addition of an accessory building, including a farm building,
on a lot or lots subordinate to an existing principal building.
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.
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 lot abutting upon two or more streets at their intersection,
the front of which shall be considered to be the frontage of least
dimension of 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.
An interior lot which abuts streets in both the front and
rear.
A lot having side lot lines which do not abut on a street.
The distance between the side lot lines measured at the building
setback line.
A lot which does not comply with the applicable use provisions
of this chapter or an amendment heretofore or hereafter enacted where
such lot was lawfully in existence prior to the enactment of such
chapter or amendment or prior to the application of such chapter or
amendment to its location by reason of annexation.
[Amended 12-28-1998 by Ord. No. 917]
A lot extending between and having frontage on an arterial
street and a local access street and with vehicular access solely
from the latter.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
An activity that involves more than 2,000 square feet of
impervious area, to include both newly created impervious area and
any reconfiguration of existing impervious area, and results in a
total earth disturbance of more than 5,000 square feet.
[Added 2-9-2015 by Ord.
No. 1052]
Any subdivision not classified as a minor subdivision.
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 land and property survey and to facilitate the sale of lots.
The subdivision of land into not more than two parcels located on an existing improved street that does not involve: installation of improvements as required by this chapter; extension of utilities; frontage on an arterial or collector street; adverse effect to the development of the remaining parcel; adverse effect to adjoining properties; and conflict with the Township's Comprehensive Plan; Chapter 450, Zoning; any portion of this chapter or other state, county or Township ordinances, laws or regulations.
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 or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
That document issued annually by the Township of Wilkins
for the operation of a mobile home park.
[Added 11-10-2014 by Ord.
No. 1046]
That document issued by the Building Inspector granting permission
to establish or enlarge a mobile home park.
[Added 11-10-2014 by Ord.
No. 1046]
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 survey.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945," as reenacted and amended.[1]
[Amended 12-28-1998 by Ord. No. 917]
Act of Assembly of July 31, 1968, P.L. 805, as amended.[2]
An activity that involves more than 2,000 square feet of
impervious area, to include both newly created impervious area and
any reconfiguration of existing impervious area, and results in a
total earth disturbance of more than 5,000 square feet.
[Added 2-9-2015 by Ord.
No. 1052]
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/she
is authorized under the lease to exercise the rights of the owner
or other persons having a proprietary interest in the land shall be
deemed to be an "owner" for the purpose of this chapter.
Any security which may be in lieu of a requirement that certain
improvements be made before the Board of Commissioners approves a
final subdivision or land development plan, including performance
bonds, escrow agreements and other similar collateral or surety agreements.
An individual, partnership, corporation or other legally
recognized entity.
A complete and exact subdivision plan or land development
plan prepared for official recording as required by statute to define
property rights and proposed streets and other improvements.
A tentative subdivision plan or land development plan in
lesser detail than a final plan showing approximate proposed street
and lot layout as a basis for consideration prior to preparation of
a final plan.
An informal subdivision or land development plan not necessarily
to scale indicating salient existing features of a tract and its surroundings
and the general layout of the proposed subdivision.
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.
The Planning Commission of the Township of Wilkins.
A map or plan of a subdivision or use indicating the location
and boundaries of individual properties.
Includes:
A formal meeting held pursuant to public notice by the Board
of Commissioners or Planning Commission intended to inform and obtain
public comment prior to taking action in accordance with this chapter.
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq. (October 15, 1998, P.L. 729, No. 93), as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. 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 100-year flood elevation plus a freeboard safety factor
of 1 1/2 feet.
A narrow parcel of ground having inadequate area for building
purposes separating a street or a proposed street from other adjacent
properties.
Any individual maintaining a voting address in the Township
within 1,000 feet of the proposed subdivision and owning real estate
in his own or joint names.
Any subdivision or transfer of land laid out on a plan which
has been approved by the Township which changes or proposes to change
property lines and/or public right-of-way not in strict accordance
with the approved plan.
Land legally dedicated for public purposes, including but
not limited to a street, alley or interior walk.
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.
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."
A watertight tank in which raw sewage is broken down into
solid, liquid and gaseous phases to facilitate further treatment and
final disposal.
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 portion of a roadway (cartway) between the curb or gutter
and the travel way intended for emergency and parking use.
The extent of unobstructed vision in a horizontal or vertical plane along a street as defined in § 385-22 of this chapter.
The face of an embankment of a 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 difference in
feet 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.
Includes a street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
LOCAL ACCESS STREETSThose used primarily to provide access to abutting properties.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept local access streets and provide routes to community facilities and to arterial streets.
ARTERIAL STREETSThose serving large volumes of comparatively high-speed and long-distance traffic and includes facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
MARGINAL ACCESS STREETSMinor streets parallel and adjacent to arterial streets providing access to abutting properties and control of intersections with the arterial street.
HALF OR PARTIAL STREETA street generally parallel and adjacent to a property line having a lesser right-of-way width than normally required for satisfactory improvements and use of the street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
Where in the judgment of the Township Engineer at least 90%
(based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
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.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
Surface soils and subsurface soils which normally are fertile
soils and soil material ordinarily rich in organic matter of humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A Horizon."
The Township of Wilkins, Allegheny County, Pennsylvania.
Trailer shall mean any vehicle used or so constructed as
to permit its being used as conveyance on the public streets and highways
and duly licensed as such and constructed in such a manner as will
permit occupancy thereof as a temporary dwelling for one or more persons.
A trailer shall not be construed as a mobile home for purposes of
this article.
[Added 11-10-2014 by Ord.
No. 1046]
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building
or other improvement.
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.
Any waterworks, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Township.
A stream of water, a river, brook, creek or a channel or
ditch for water, whether natural or man-made.
