Words used in the present tense shall include the future. The
singular shall include the plural, and the plural the singular. Reference
to one gender shall be deemed to include the other. The words "shall"
or "must" is intended to be and shall be deemed mandatory.
Where not defined in this chapter, definitions of terms adopted
in the Municipalities Planning Code,[1] the Second Class Township Code,[2] Chapter 145, Zoning, Chapter 116, Stormwater Management, and Chapter 29, Code Enforcement, Public and Private Improvements (PPIC), shall govern. The terms "as-built plan," "cartway," "developer," "landowner" and "Township Engineer" as defined in § 29-25 of the PPIC are expressly adopted.
Where not defined in this chapter or in applicable Pennsylvania
statutes or Township ordinances, terms shall be given their common
or ordinary meaning.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this article unless the context
clearly indicates otherwise:
A strip of land over which there is either a public or private
right-of-way which serves as access to the rear or sides of properties.
The minimum width of an alley shall be 20 feet.
A landowner or developer who has filed an application for
development, including his, her or its 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 zoning
permit, for the approval of a subdivision plan, land development plan
or other development plan. Every application for development must
include the form designated by the Township and all other plans and
information required by this and other applicable ordinances.
The application for final development for a subdivision or
land development submitted under this chapter.
The preliminary application for development submitted in
compliance with the requirements of this chapter for preliminary plans.
An architect registered by the Commonwealth of Pennsylvania.
The lot area less any portions of the lot located in identified
floodplain areas and/or wetlands.
The site area less any portions of the site located in environmentally
sensitive areas and/or constituting nondevelopable land, those areas
designated for nonresidential uses, including but not limited to neighborhood
commercial areas and common open space, and those areas consisting
of streets and utilities.
The total area of the lot or lots comprising a site.
An authority created under the Municipality Authorities Act,
as amended.[1]
That portion of a street lying on either side of the cartway
between the edge thereof and the adjacent road ditch, intended primarily
for stopping and parking purposes.
An area bounded by streets.
The Millcreek Township Board of Supervisors; also includes
"approving/appointing authority," "Board," "Supervisors" and "governing
body."
Any structure or part of a structure affixed to the land.
A line within a property, generally parallel to the street
line, between which and the adjacent right-of-way no structure may
be built.
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.
A development design technique that concentrates buildings
in specific areas on the site to allow the remaining land to be used
for recreation, common open space and preservation of environmentally
sensitive features.
A form of development for single-family residential developments
which permits a reduction in lot area and yard requirements, provided
there is no increase in the density of development permitted in a
conventional development and that the resultant land is devoted to
open space.
The Millcreek Township Planning Commission.
That area in a development, including common open space,
owned or leased and maintained by the developer/declarant and/or by
an association or other combination of persons for the benefit of
the residents of the subdivision, a planned community and/or a condominium,
including all common elements designated for the use of all dwelling
unit owners.
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 utilities
and stormwater detention or retention basins. Common open space includes
usable and/or developable open space and passive common open space.
The Comprehensive Plan of Millcreek Township.
A multiple occupancy project developed under applicable Pennsylvania law, including private streets and/or indivisible common areas and grounds owned in common with other purchasers, individual interest in a space within a residential building and properly developed only where permitted under Chapter 145, Zoning.
An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, and may include common ownership of open spaces and certain grounds. Where land is otherwise developed in accordance with regulations of this chapter and Chapter 145, Zoning, applicable to the zoning district, streets are constructed and dedicated to the Township and the density and nature of development is consistent with regulations for the district, the fact that open space and other grounds acceptable the Board of Supervisors is to be owned in common shall not be deemed to render the plan a "condominium development."
A concept of design and site planning in which specific features
of land proposed for development are identified and analyzed, with
development designed to protect and preserve special features and
open space and reduce the portion of the parcel consumed by streets
and lots while allowing for density of development similar to that
allowed in the zoning district.
Construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured or mobile homes.
The County of Erie, Commonwealth of Pennsylvania.
A public right-of-way which crosses a block to furnish access
by pedestrians to adjacent streets or properties.
A street with one end open for public vehicular and pedestrian
access and the other end terminating with a vehicle turnaround.
Any structure not classified as a bridge which provides an
opening under a roadway.
The determination of the Board of Supervisors upon an application
for subdivision or land development or other matter brought to the
Board under the MPC, this chapter or other Township ordinance.
A stormwater management facility that collects and temporarily
stores surface runoff and releases it at a controlled rate. Such facilities
may be classified into the following categories:
DRY BASINA detention basin designed to completely drain after a storm event.
NATURALIZED BASINA detention basin designed to completely drain following a storm event and which blends into the surrounding environment by being curvilinear in shape and using native plants to provide soil stabilization.
UNDERGROUND BASINDetention storage located in underground tanks or vaults designed to provide water quantity control through detention of stormwater runoff.
WET PONDA basin that has a permanent pool of water throughout the year; may also be called a "wet basin" or "retention pond."
That land proposed for development which excludes therefrom
all portions thereof:
Dedicated or to be dedicated or devoted for use as public or
private streets;
Dedicated or to be dedicated or devoted to use as public or
private improvements, including but not limited to stormwater management
improvements;
Defined by the Pennsylvania Department of Environmental Protection
as wetlands;
Defined by appropriate federal or state agencies as being within
a one-hundred-year floodplain; and
Having a slope in excess of 25%.
Where land proposed for development involves other factors prohibiting
or rendering impractical development of areas due to particular easements
or other circumstances, the Board of Supervisors shall have authority
to deem such areas of the parcel nondevelopable.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, streets
and other paving, utilities, filling, grading, excavation, mining,
dredging or drilling operations, the subdivision of land and/or land
development.
The provisions for development, including a planned residential
development, a plat of subdivision, a land development, all covenants
relating to use, location and bulk of buildings and other structures,
intensity of use or density of development, streets, ways, parking
facilities, public facilities, open space, stormwater management features,
required improvements and street or highway access. The phrase "provisions
of the development plan" when used in this chapter means the written
and graphic materials referred to in this term.
All drawings, cross sections, applicable standard drawings
or reproductions thereof pertaining to the construction of a project.
A vehicular access route serving only one parcel or lot and
which provides access to a street but which does not provide access
to any other lot or parcel under separate ownership.
One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family.
A grant or dedication to the public, a municipality, a corporation,
a person or a grantee by the property owner of a right-of-way or parcel
of land for a specific purpose, right, interest, benefit or usage.
A point or series of points (contours) which are a common
distance above sea level or some other alternative point of reference
which has a predetermined elevation. In terms of regulations, only
City of Erie datum shall be utilized unless otherwise approved or
required by the Township Engineer.
A professional engineer registered by the Commonwealth of
Pennsylvania.
An assessment of the impact of a use on the:
The assessment of traffic impact must include a complete traffic
analysis prepared and sealed by a professional traffic engineer identifying
the impact of the proposed development on existing traffic and circulation
patterns and proposing solutions to problems which may arise as a
consequence of the proposed development.
An area having one or more of the following environmental
characteristics:
Surety, in a form acceptable to the Township Solicitor, in
the form of cash, a certified or cashier's check, an irrevocable
letter of credit and/or a restrictive and dedicated account with a
federal- or commonwealth-chartered lending institution, as authorized
in this chapter. Financial security may be classified as being a guarantee
of satisfactory completion of improvements required by this chapter
or other Township ordinances or as a guarantee for the structural
functioning and integrity of improvements required by this chapter
or other Township ordinances for a specified period after their completion.
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).
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse, and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The channel of a stream plus any adjacent floodplain areas
that must be kept free of encroachment in order that the one-hundred-year
flood can be carried without substantial increases in flood heights.
The slope of a road, street or public way specified in percentage
terms.
The Erie County Department of Health.
As used in connection with the term "land development," shall
be deemed to include the construction of one or more buildings for
use other than residential on any lot or lots; the construction of
two or more residential buildings on any lot or lots; an addition
to an existing building or development involving more than 5,000 square
feet of area, including building, parking area or other impervious
area, and any development which increases average traffic volume from
minimum volume to any higher category.
An authorized representative of Millcreek Township assigned
to make any and all inspections of work performed and materials furnished
by the developer.
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 buildings on a lot or lots,
regardless of the number of occupants or tenure;
A single nonresidential building on a lot or lots, regardless
of the number of occupants or tenure;
A 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; and/or
A subdivision of land.
A landscape architect registered by the Commonwealth of Pennsylvania.
A qualitative measure describing operational conditions within
a traffic stream; generally described in terms of such factors as
speed, freedom to maneuver, traffic interruptions, comfort, convenience
and safety. Levels of service are designated as "A" through "F," with
LOS A indicating the best service and LOS F indicating the worst.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
and built upon as a unit.
The mean horizontal distance between front and rear lines
of a lot.
The area of developable land included in a lot, exclusive
of any part of an adjoining right-of-way, street or walk.
The mean horizontal distance between side lines of a lot.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
A land development which involves or requires construction
or extension of a public street, road or highway.
A subdivision of land involving construction or extension
of a public street and/or 10 or more lots.
Any home that is built in a factory to the HUD Code and transported
on its own wheel, axle and/or chassis system and installed on a building
site, whether or not wheels and axles are removed during siting. Shall
be deemed to include "mobile home," "modular home" and all other equivalent
terms, especially when located within a manufactured home park.
Defined as set forth in Chapter 70, Part 4, Manufactured Home Parks, of the Code of the Township of Millcreek. For purposes of this chapter, a manufactured home park is a land development; is subject to specific design regulations set forth in Article XIV of this chapter and shall be developed and used only in accordance with the provisions of this chapter.
Plans made, adopted and amended by the Township indicating
general locations recommended for major thoroughfares, streets, parks,
public buildings, zoning districts and other public improvements;
the term shall include but not be limited to the Comprehensive Plan
and the transportation plan.
A subdivision involving nine or fewer lots which does not
involve or require construction or extension of a public street, road
or highway.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as may in the future be amended.
A dwelling designed or occupied other than as a one-family
or two-family dwelling, and shall be deemed to include any type of
structure containing more than two dwelling units occupied and used
as separate housekeeping units. Creation of a multiple dwelling development
involving two or more buildings constitutes a land development.
As to a previously approved land development plan, shall
be deemed to include technical revisions, additions involving no more
than 10,000 square feet of additional floor and impervious area and
other matters which do not modify drive or street access; will not
alter the existing traffic volume classification, grading or other
existing or required features; do not materially alter use of the
premises or violate any requirements of the approved plan or of setback
or other applicable regulations. Amendment of an approved land development
plan shall not be deemed a "land development," but shall be subject
to this chapter's provisions for such amendment. This term shall
not include revisions or amendments to a previously approved land
development that do not meet the definition of the term or development
activity on a parcel for which no land development plan has previously
been approved and recorded.
A map adopted by ordinance pursuant to Section 401 et seq.
of the Municipalities Planning Code,[2] as may in the future be amended.
Land not developed for residential, agricultural, business
or industrial use but instead designated for preservation or development
as private or public recreation and park areas under a conservation
easement or otherwise. Within this general term, "common open space"
is as defined in this section; "private open space" is that common
open space held in common ownership, the use of which normally is
limited to occupants of a single dwelling or lots within a development;
and "public open space" is that dedicated to and accepted by the Township
or other public agency and maintained by it for the use and enjoyment
of the general public.
Commonwealth of Pennsylvania, Department of Environmental
Protection.
Commonwealth of Pennsylvania, Department of Transportation.
A plan and profile of a storm sewer, sanitary sewer, pavement
or other improvement as proposed and finally constructed.
A complete and exact plan of subdivision and/or land development
which is submitted by an applicant to the Board of Supervisors and
which, if approved, will be submitted by the applicant to the Recorder
of Deeds of Erie County for recording in accordance with applicable
law.
A tentative plan indicating the proposed layout of a subdivision
and/or land development submitted by an applicant to the Board of
Supervisors for its consideration, subject to requirements established
in this chapter.
An informal plan not necessarily to scale which indicates
existing features of a tract and its surroundings and the general
layout and features of a proposed development, submitted for consideration
by the Township Engineer or the Board of Supervisors pursuant to regulations
established in this chapter.
The map or plan of a subdivision, whether sketch, preliminary
or final.
The Erie County Department of Planning.
Includes wetlands, land within the one-hundred-year floodplain,
slopes exceeding that allowed for developable land and soils subject
to slumping.
That common open space held in common ownership, the use
of which is normally limited to occupants of a single dwelling or
building. The term shall include open space established within condominium
and planned community developments and that established within residential
developments remaining under the ownership and control of the developer
or its successors.
Owned, operated or controlled by a federal, state or local
government agency.
A formal meeting held pursuant to public notice by the Board
of Supervisors or the Planning Commission, intended to inform and
obtain public comment, prior to taking action in accordance with this
chapter.
Generally, all improvements for which plans must comply with the minimum requirements of this chapter, Chapter 29, Part 4, Public and Private Improvements, and other applicable laws or ordinances and which will be dedicated to the Township or another government agency and accepted as public improvements.
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," as may in the future be amended.[3]
Notice published once each week for two successive weeks
in a newspaper of general circulation in Millcreek Township. Where
required, 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 be not less than seven days prior to the date of
such hearing.
That open space dedicated to or owned by the Township or
other public entity and maintained by it for the use and enjoyment
of the general public.
The Millcreek Township Recreation and Open Space Plan adopted
by the Board of Supervisors on April 23, 2002, as may in the future
be amended.
Fees authorized by the MPC, as amended, and imposed by ordinance
enacted by the Township instead of the dedication of land for active
recreational use and the construction of recreational facilities upon
agreement with a developer.
An interest-bearing account established by the Township in
accordance with the MPC, as amended, for the deposit of fees in lieu
of dedication of recreation open space and recreation facilities.
That area of land suitable for the development of specific
active recreation facilities for leisure time activities, usually
of a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites or fields, including
but not limited to baseball and softball fields, soccer fields, football
fields, tennis, basketball, volleyball and other court games, hockey
facilities, multipurpose fields and community swimming pools and attendant
facilities.
The adjustment or revision to a previously approved subdivision
plat or plan which does not substantially alter the previously approved
plan; including such matters as adjustment of lot lines, consolidation
of lot lines and survey corrections.
Those improvements required under this chapter and all other
applicable federal and state laws and Township ordinances in connection
with the development of land, whether the same be private or public.
Land dedicated, reserved and/or accepted for use as a road,
street, alley or crosswalk.
That portion of a street lying between the drainage or road
ditches and consisting of the cartway and berm.
Generally, the balance of land to be designated and permanently
protected as open space; comprising noteworthy features of the property
such as mature woodlands, greenways and trails, river, creek and stream
corridors, prime farmland, hedgerows and individual freestanding trees
or tree groups, wildlife habitats and travel corridors, historic sites
and structures, scenic viewsheds and the like. Greenway buffer areas
50 feet in width along bodies of water; wetlands soils classified
as "very poorly drained" and as access from a public street to the
designated buffer areas and 25 feet along each bank of watercourses
should be provided unless deemed by the Board of Supervisors not to
be feasible.
A line parallel to a lot line, at a distance from the lot line in accordance with the yard, perimeter or setback requirements of Chapter 145, Zoning.
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street. The safe stopping sight distance for the vertical
curves on roadway pavement shall be calculated with an eye height
of 3.5 feet above the pavement and a height of an object of 0.5 feet
above the pavement.
A plan showing all present and proposed grades and facilities for stormwater drainage and management, subject to regulations established in this chapter for stormwater management and in Chapter 145, Zoning, for issuance of building permits.
Generally, a public or private right-of-way serving as a
means of vehicular and pedestrian travel and furnishing space for
utilities. Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private. When used in this chapter, the term "street" generally shall
be deemed to mean a "public street," unless otherwise stated. A street
shall also be classified by the adoption of street classifications
or, in the absence of adoption of such street classifications by the
Board of Supervisors, by determination by the Township Engineer, according
to its type of use as follows:
ARTERIAL STREETA public right-of-way which involves considerable continuity connecting district centers, which serves or is intended in the future to serve large volumes of traffic. Also known as "primary" or "major" street.
COLLECTOR STREETA public right-of-way which, in addition to giving access to abutting properties, connects local streets to one another and provides a route to community facilities, primary or major thoroughfares, and which serves primarily neighborhood traffic.
LOCAL STREETA public right-of-way intended to serve and provide access to the properties abutting thereon, and not connecting with other streets or roads in such a manner as to encourage through traffic.
PRIVATE STREETA right-of-way not dedicated to public use and intended to serve and provide access exclusively to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
PUBLIC STREETA right-of-way dedicated to the Township and public use, including the entire width between the boundary lines of every street, road, way, lane, alley, court or public square maintained by the Township which is open to the use of the public for purposes of public travel, and including the entire right-of-way and all improvements constructed or to be constructed within it.
STATE HIGHWAYA street owned and maintained by PennDOT and subject to its regulation and maintenance.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A person who is the registered owner or authorized agent
of the owner of land proposed for subdividing. Deemed included in
the term "developer."
The division or redivision or replot 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 the construction or extension of any street or easement
of access or any residential dwelling, shall be exempted. Shall be
deemed included within the term "development" when that term is used
generally.
The original ink tracing on tracing cloth or an approved
equivalent; shall be applicable to subdivisions and land development.
Where allowed under County of Erie regulations and this chapter,
the authorization by the Township of assignment of separate tax assessment
numbers to parcels of land which are lots of record in an approved
subdivision and no violation of restrictions or other regulations
exists.
A professional land surveyor registered by the Commonwealth
of Pennsylvania.
Millcreek Township Engineer, his or her designee or other
person designated by the Board of Supervisors to perform duties of
an engineer as specified in this chapter.
Includes all existing and proposed rivers, streams, creeks,
runs, rivulets, channels, ditches, drains and drainage facilities
which may flow continuously or intermittently during periods of wet
weather or rain.
Any area meeting the criteria of the appropriate state or
federal agency to be a wetland.
