Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated: Words
in the singular include the plural, and the 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. The words "shall" and "will" are mandatory; the word
"may" is permissive. An "agency" shall be construed to include its
successors or assigns. Some words in this article are defined by the
Pennsylvania Municipalities Planning Code (PAMPC). Where it is the
intent of this chapter to follow the PAMPC definitions, such words
are noted with (MPC).
As used in this chapter, the following terms shall have the
meanings indicated:
A minor right-of-way, publicly or privately owned, primarily
for vehicular service access to the back and sides of properties.
Alleys are not intended for through vehicular traffic.
A landowner or developer, as hereinafter defined, including
his heirs, successors and assigns, who has filed an application for
subdivision or land development. (MPC)
An 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 plat or plan,
a mobile home park, or for the approval of a land development plan.
(MPC)
The Potter Township Board of Supervisors (unless otherwise
specified).
The average number of vehicular trips generated by a land
use over a twenty-four-hour period during the week. Also cited as
"AADT" (annual average daily trips).
An area divided into lots and usually bounded by four roads.
The Board of Supervisors of Potter Township, Beaver County,
Pennsylvania.
A roofed structure, whether or not enclosed by walls, to
be used for the shelter, enclosure, or protection of persons, goods,
materials, or animals.
The improved surface of a street or alley designed for vehicular
traffic; does not include shoulders or surface outside the gutter
line.
A triangular 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.
The Planning Commission of the Township of Potter.
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. (MPC)
A building or group of buildings in which dwelling units,
offices, or floor area is owned individually, and the structure, common
areas, and facilities are owned by all the owners on a proportional,
undivided basis.
A lot located at the intersection of two or more existing
or proposed street rights-of-way.
The County of Beaver, Pennsylvania.
A street intersecting another street at one end and terminating
at the other end in a vehicular turnaround.
An excavation; the difference between a point on the original
grade and a 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.
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. (MPC)
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 and parking
facilities, common open space and public facilities. The phrase "provisions
of the development plan," when used in this chapter, shall mean the
written and graphic materials referred to in this definition. (MPC)
A lot having its front and rear lot lines abutting the right-of-way
of a street, sometimes also referred to as a "reverse-frontage lot."
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.
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.
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.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A grant of one or more property rights, usually in a defined
area, by the property owner to and/or for use by the public, a corporation,
or another person or entity.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
A plan showing all present and proposed grades and facilities
for stormwater, drainage, erosion and sediment controls, and which
is in accordance with this chapter and applicable county, state, and
federal laws and regulations (contact the Beaver County Conservation
District).
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed, and 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 and shall include the conditions resulting therefrom; the
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade; the material
used to make a fill.
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.
A strip of land equal to or less than 1/2 the required right-of-way
reserved or proposed for street purposes along the property line.
Half streets are prohibited.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
Any of the following activities: (MPC)
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;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the 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 the proper authorities.
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. (MPC)
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. (MPC)
Any financial security, acceptable under Article V of the PAMPC, which may be accepted by the Township of Potter for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
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 and may be designed as a local
street or collector as anticipated daily traffic dictates.
A metal stake placed to designate the boundary and comers of lots in the subdivision of land for the purpose of reference in land and property surveys and to facilitate the sale of lots (see § 185-43).
If a subdivision contains not more than three lots, sites or other divisions of land, plus a residual parcel, and such subdivision or land development meets criteria as stated in § 185-6A of this chapter, then it will be a minor subdivision.
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 permanent foundation.
(MPC)
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. (MPC)
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes. (MPC)
When an applicant can show that a provision of this chapter
would cause unnecessary hardship if strictly adhered to, and where,
because of topographic or other conditions peculiar to the site, in
the opinion of the Township, a departure may be made without destroying
the intent of such provisions, the Planning Commission may recommend
and the Township Supervisors may authorize a modification thereto.
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 (see § 185-43).
A building containing three or more independent dwelling
units.
Any security, consistent with the criteria of Article V of the Pennsylvania Municipalities Planning Code, that may be accepted by the Township as a financial guarantee that required improvements are satisfactorily completed.
An individual, partnership, corporation, or other legally
recognized entity.
A complete and exact subdivision plan, mobile home park,
land development site plan, or other plan prepared for official recording
as required by statute and this chapter.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and such other amendments to
the same as may be adopted from time to time.[1]
The Planning Commission of the Township of Potter, Beaver
County, Pennsylvania.
The preliminary drawing indicating the proposed layout of the subdivision, mobile home park or land development site plan to be submitted for consideration, as required by this chapter (see Article III).
An informal plan indicating salient existing features of
a tract and its surroundings and general layout of the proposed subdivision
or land development.
The map or plan of a subdivision or land development, whether
preliminary or final. (MPC)
Parks, playgrounds and other public areas, and sites for
schools, sewage treatment, refuse disposal, and other publicly owned
or operated facilities. (MPC)
A formal meeting held pursuant to public notice by the Township
of Potter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[2] (MPC)
Notice as required under the provisions of the Pennsylvania
Municipalities Planning Code.
A narrow parcel of ground, having inadequate area for building
purposes, separating a street or a proposed street from other adjacent
properties.
Land dedicated for use as a public street, alley or crosswalk,
which may also be used by sewer, water, storm sewer, electric, gas,
telephone and cable system(s).
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.
A system of piping, tanks or other facilities serving two
or more lots and collecting, treating and disposing of domestic sewage
into a subsurface soil absorption area or retaining tank located on
one or more of the lots or at another site.
A system of piping, tanks, or other facilities serving a
single lot and collecting, treating and disposing of domestic sewage
into a subsurface soil absorption area or a retaining tank located
on that lot.
The agency/individual appointed by Potter Township, Beaver
County, Pennsylvania.
The extent of unobstructed vision, in a horizontal or vertical plane, along a street, as defined in § 185-28 of this chapter.
An accurately scaled land development plan that illustrates
the existing conditions on a land parcel as well as depicting details
of a proposed land development.
A preliminary plan and attendant documentation of a proposed
subdivision plan or land development of sufficient accuracy to be
used for the purpose of discussion and classification.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct, and any other ways or strips of land
used or intended to be used by vehicular traffic or pedestrians, whether
public or private, and including the entire right-of-way.
An imaginary line which passes through the middle of the
right-of-way and the cartway simultaneously, or which is in the center
of the right-of-way in cases where the cartway is not centered in
the right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. (MPC)
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. (MPC)
The person appointed by the Potter Township Board of Supervisors
to administer this chapter.
The change of a lot line between two abutting existing parcels
which does not create a new parcel and where such lot line change
is in full compliance with this chapter, the Township of Potter Zoning
Ordinance and related ordinances, rules and regulations of the Township.
Any subdivision not classified as a minor subdivision.
Any subdivision abutting or accessible to, by a minimum fifty-foot
right-of-way, an existing public street or road, involving not more
than three lots plus residual land area which may also be a conforming
lot for area and dimensions, parcels of land, or other division, which
does not require a new street, the installation of sanitary sewers,
stormwater sewers, water mains or pipes, or other public improvements.
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) 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. (MPC)
A professional land surveyor, licensed as such in the Commonwealth
of Pennsylvania.
A low-lying stretch of land, characterized as a depression,
used to carry surface water runoff.
A temporary circular turnaround at the end of a road which
terminates at or near the subdivision boundary bordering undeveloped
land.
The Township of Potter, Beaver County, Pennsylvania.
A professional engineer or his/her representative, licensed
as such in Pennsylvania, duly appointed as the Engineer of the Township
of Potter.
An analysis prepared by a professional engineer of traffic
generated by a new or expanded development plan on roads that provide
access to the development.
A single or one-way vehicle movement to or from a property
or study area. "Trips" can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
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 plan to show all existing and proposed fire hydrants, water
and sewer lines, storm sewer lines, gas and electric lines, cable
television facilities, and streetlighting.
A permanent stream, intermittent stream, river, brook, creek,
or a channel, drain, or ditch for water, whether natural or man-made.
