As used in this chapter, words in the singular
include the plural and those in the plural include the singular. The
word "person" includes a corporation, unincorporated association and
a partnership, as well as an individual. The word "building" includes
"structure" and shall be construed as if followed by the phrase "or
part thereof." The word "street" includes avenue, boulevard, court,
expressway, highway, lane, arterial and road. The word "watercourse"
includes channel, creek, ditch, drain, dry run, spring and stream.
The word "may" is permissive; the words "shall" and "will" are mandatory.
As used in this chapter, the following terms
shall have the meanings indicated:
The governmental officer charged with administering development
regulations.
The traveled way by which cars enter and depart parking spaces.
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his or her heirs,
successors and assigns.
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 subdivision plat or plan or for the
approval of a development plan. This definition shall also include
the application form and all accompanying documents required by ordinance
for approval of a subdivision plat or site plan.
The Council of Latrobe.
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."[1]
A mound of soil, either natural or man-made, used to obstruct
views.
A pathway usually separated from the roadway, designed specifically
to satisfy the physical requirements of bicycling.
A pathway designed to be used by bikers.
Property abutting on one side of a street, and lying between
the two nearest intersecting or intercepting streets, or railroad
right-of-way, waterway, unsubdivided area or other defined barrier.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, designed to limit continuously the view of and/or sound
from the site to adjacent sites or properties.
A distance measured from any property line to a parallel
line within the property, describing the limit of construction of
a structure on the property and defining the required front, side
and rear yards. The limit of construction shall be defined as including
any projections of the structure, including sun parlors, foyers, bay
windows, porches, decks, projecting eaves, dormers, gutters, covered
stairs and ramps and any other solid projections and solid entrances.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes and deceleration acceleration
lanes. Where there are not curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
The bed and banks of a natural stream which convey the constant
or intermittent flow of the stream.
The Latrobe Planning Commission, unless otherwise noted.
A sewer or water pipe serving more than one unit. (See "lateral
sewers.")
A parcel or parcels of land, or an area of water, or a combination
of land and water, within a development and designed and intended
for the use or enjoyment of residents of the development not including
streets, off-street parking areas, and areas set aside for public
facilities.
The Commonwealth of Pennsylvania, unless otherwise noted.
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
Development other than planned development.
The Planning Commission of Westmoreland County.
A local street with only one outlet and having the other
end for the reversal of traffic movement. See "street."
A structure designed to convey a water course not incorporated
in a closed drainage system under a road or pedestrian walk.
A vertical or sloping edge of a roadway.
Supportive or protective bedding materials placed underneath
piping.
An act transmitting property or interest thereto.
The permitted number of dwelling units per gross acre of
land to be developed.
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and water surface elevations.
Standards that set forth specific improvement requirements.
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same gradually at a rate not greater than that prior
to the development of the property, in to natural or man-made outlets.
Any landowner, agent of such landowner, or tenant with written,
notarized permission of such landowner, who makes or causes to be
made, a subdivision of land or a land development.
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.[2]
The provisions for land 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 this chapter shall also mean the
written and graphic materials referred to in this definition. See
"development, land."
Zoning, subdivision, site plan, Official Map, flood plain
regulation or other governmental regulation of the use and development
of land.
The removal of surface water or groundwater from land by
drains, grading or other means.
A component of the drainage system.
The system through which water flows from the land, including
all watercourses, water bodies and wetlands.
A paved or unpaved area used for ingress or egress of vehicles,
and allowing access from a street to a building or other structure
or facility.
A manhole provided for inspection and maintenance of sewers
where an incoming sewer is considerably higher than the outgoing.
A right-of-way granted for limited use of private land for
a public or quasi-public purpose and within which the owner of the
property shall not erect any permanent structures.
Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instance may preclude development.
The detachment and movement of soil or rock fragments, or
the wearing away of the land surface by water, wind, ice or gravity.
A deed, a bond, money, or a piece of property delivered to
a third person to be delivered by him to the grantee only upon fulfillment
of a condition.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
The official action of the Council of Latrobe taken on a
preliminarily approved land development plan, after all conditions,
engineering plans, and other requirements have been completed or fulfilled
and the required improvement have been led, or guarantees properly
posted for their completion, or approval conditional upon the posting
of such guaranty.
The final map of all or a portion of a land development plan
which is presented for final approval.
Area of all floors of buildings or structures.
See "lot frontage."
A plan outlining general, rather than detailed development
intentions. It describes the basic parameters of a major development
proposal, rather than giving full engineering details. As such, it
allows general intentions to be proposed and discussed without the
extensive costs involved in submitting a detailed proposal.
The Council of Latrobe.
The slope of a street or other public way, specified in percentage
terms.
A planting of low-growing plants or sod that in time forms
a dense mat covering the area, preventing solids from being blown
or washed away and the growth of unwanted plants.
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
An area related by historical events or themes, by visual
continuity or character, or by some other special feature that helps
give it a unique historical identity. May be designated a historic
district by local, state, or federal government and given official
status and protection.
A structure or place of historical significance; may be designated
as such by local, state or federal government.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
Any man-made, immovable item which becomes part of, is placed
upon, or is affixed to, real estate.
A septic tank, seepage tile sewage disposal system, or any
other approved sewage treatment device serving a single unit.
In street design, a raised area, usually curbed, placed to
guide traffic and separate lanes, or used for landscaping, signing
or lighting.
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.[3]
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.
Pipes conducting sewage from individual buildings to larger
pipes called or interceptor sewers that usually are located in street
rights-of-way.
A parcel of land whether separate or within a mobile home
park, improved with the necessary utility connections and other appurtenances
necessary for the erection thereon of a single home.
A lot, area or dimension of which was allowed prior to the adoption or amendment of this Subdivision and Land Development Chapter, which fails to conform to the requirements of § 154-16B of this chapter by reason of such adoption or amendment.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, to be used, developed or
built upon as a unit.
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
That portion of a lot extending along a street line.
In any system of continuous piping, the principal artery
of the system to which branches may be connected.
Any security which may be required and accepted by a governmental
agency to ensure that necessary improvements will function as required
for a specific period of time.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
An inspection chamber whose dimensions allow easy entry and
exit and working room for a person inside.
A parcel, or contiguous parcels of land, which has been so
designated and improved, and that contains two or more lots for the
placement thereon of manufactured (mobile) homes.
A service street that runs parallel to a higher-order street
which, for purposes of safety, provides access to abutting properties
and separation from through traffic. May be designed as a residential
access street or sub collector as anticipate daily traffic dictates.
A comprehensive long-range plan intended to guide the growth
and development of a community or region. Includes analysis, recommendations,
and proposals for the community's population, economy, housing, transportation,
community facilities and land use.
That portion of a divided highway separating lanes of traffic
proceeding in opposite directions.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement,
which the parties themselves create and consider acceptable.
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 professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for Latrobe or the
Latrobe Planning Commission.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) that is the subject
of a development application, or on a contiguous portion of a street
or right-of-way.
A parking space provided in a parking lot, parking structure
or private driveway.
Not located on the property that is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property that is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated, or reserved for the public or
private use or enjoyment or for the use and enjoyment of owners and
occupants of land adjoining or neighboring such open space.
A lane usually located on the sides of streets, designed
to provide on-street parking for vehicular traffic.
An area provided for the parking of a motor vehicle.
See "cartway."
Any security that may be accepted by a municipality as a
guarantee that the improvements required as part of an application
for development are satisfactorily completed.
A surface that permits full or partial absorption of storm
water.
An area of land, controlled by a landowner or a group of
landowners acting jointly, involving a related group of uses planned,
developed and regulated as an entity. Such developments are compactly
arranged as individual and/or multifamily dwelling units grouped in
or around common open spaces, together with public and semipublic
uses and noncommercial recreation facilities. These developments must
be functionally integrated so that the character of the development
conforms to the purpose and intent of this chapter. Such developments
shall include the necessary covenants or other legal provisions and
financial programs as will assure conformity to and achievement of
the Comprehensive Plan.
The Latrobe Planning Commission, the Planning and Development
Department of Latrobe and the Code, Property and Planning Committee
of the Latrobe Council.
The map or plan of a land development, whether preliminary
or final. See also "site plan."
Water suitable for drinking or cooling purposes.
An initial meeting between developers and municipal representatives
which affords developers the opportunity to present their proposals
informally.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been approved by the
Latrobe Planning Commission and the Council of Latrobe.
A map indicating the proposed layout of a development and
related information that is submitted for preliminary approval.
Includes parks, playgrounds, trails, paths, other recreational
areas and other public areas; sites for schools, sewage treatment,
refuse disposal and other publicly owned or operated facilities; and
publicly owned or operated scenic or historic sites.
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 this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act." [4]
Notice published once each 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 be not more than 30 days or less than seven days from the date
of the hearing.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservational uses.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
The number of dwelling units per gross acre of residential
land area including streets, easements, and open space portions of
a development.
A structure erected between land of different elevation to
protect structures and/or prevent the washing down or erosion of earth
from the upper slope level.
A pond, pool or basin used for the permanent storage of water
runoff.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
for any other special use.
A structure or planting consisting of fencing, berms and/or
evergreen trees or shrubs providing a continuous view obstruction
within a site or property.
A deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity or other natural means as a
product of erosion.
A watertight receptacle that receives the discharge of sewage.
An underground system with a septic tank used for the decomposition
of domestic wastes.
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving streams.
A tree in a public place, street special easement, or right-of-way
adjoining a street.
The graded part of the right-of-way that lies between the
edge of the main pavement (main traveled way) and the curbline.
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
See "major site plan."
An accurately scaled development plan that illustrates the
existing conditions on a land parcel as well as depicting details
of a proposed development.
A rough plan of a proposed subdivision or other development.
A provision for storage of stormwater runoff and controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
Any street, alley, avenue, boulevard, road, parkway, viaduct,
drive, or other roadway or any other ways used or intended to be used
by vehicular traffic or pedestrians whether public or private. See
also "cul-de-sac."
Man-made aboveground items that are usually found in street
rights-of-way, including benches, kiosks, plants, canopies, shelters
and phone booths.
The mechanical and utility systems within a street right-of-way,
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, and parking meters.
Any man-made object having an ascertainable stationary location
on, or in, land or water, whether or not affixed to the land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development.
The natural ground lying beneath a road.
Where, in the judgment of the Municipal Engineer, at least
90% 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.
The original upper layer of soil material to a depth of six
inches which is usually darker and richer than the subsoil.
The attaching of development rights to specified land which
are desired by a municipality to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands within the
municipality where more intensive development is deemed by the municipality
to be appropriate.
A y-branch or y-fitting. In a plumbing system, a branch in
the shape of the letter Y.
A Y-fitting or connection. See "wye."
The following shall be the provisions for the
exclusion of certain land development from the definition of "land
development" contained in this chapter only when such land development
involves:
A.Â
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;
B.Â
The addition of an accessory building, including farm
buildings, on a lot or lots subordinate to an existing principal building;
or
C.Â
The addition or conversion of buildings or rides within
the confines of an enterprise which would be considered an amusement
park. For purposes of this subsection, 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 proper authorities.
