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. The word
"building" includes structure and shall be construed as if followed
by the words "or part thereof." The word "street" includes road and
highway and "watercourse" includes drain, ditch and stream. The words
"shall" or "will" are mandatory, and the word "may" is permissive.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary 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 land development plan.
An area bounded by rights-of-way.
The line within the property defining the required minimum
distance between any structure and the adjacent street right-of-way.
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 and the sight lines.
The word "Commission" or the words "Planning Commission"
or "Township Planning Commission" shall mean the North East Township
Planning Commission.
The Erie County Department of Planning, Erie County, Pennsylvania.
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.
The provisions for development of a planned residential development,
including 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" shall mean the written and graphic materials referred to in
this definition.
A right granted to use certain private land for a special
purpose not inconsistent with the general property rights of the owner.
A professional engineer licensed as such in Pennsylvania,
duly appointed as the Municipal Engineer of North East Township.
The Board of Supervisors of North East Township, Erie County,
Pennsylvania.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots. (Grading, water
mains, sanitary sewers, storm sewers and drains, street shade trees,
street signs and monuments, street paving and lights, and curbs and
sidewalks).
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 persons having a proprietary interest in land, shall be deemed
to be a landowner.
A parcel of land intended for transfer or ownership or building
development, that is presently occupied or capable of being occupied
by one principal building or use and by those buildings or uses accessory
to the principal building or uses.
The area contained within the property lines of the individual
parcels of land as shown on the subdivision plan, excluding space
within any street, but including the area of any easement.
A lot having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
The North East Township portion of the North East Regional
Comprehensive Plan Update, which is the comprehensive general plan,
or any of its parts, for the future growth, protection and development
of the Township of North East.
North East Township, Erie County, Pennsylvania.
Pennsylvania Municipalities Planning Code (Act 247 of July
31, 1968) and amendments thereto which are from time to time adopted.[1]
A complete and exact subdivision plan prepared for official recording as required by Article VI.
A tentative subdivision plan showing existing features of land and proposed street and lot layout within and adjacent to a subdivision as required in Article VI.
A freehand sketch showing the contemplated development of
the subdivision and its relationship to adjacent land.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district created, from time to time, under
the provisions of a municipal zoning ordinance. No PRD is permitted
in the Township.
The map or plan of a subdivision or land development, whether
preliminary or final.
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 and the second publication shall not
be less than seven days from the date of the hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Land reserved, by the subdivider on a subdivision plat, for
the use of a public or private road, street, alley or crosswalk, which
furnishes physical access to adjacent properties, and furnishes space
for public utility systems, sidewalks, and shade trees.
A general term used to describe the surface treatment of a right-of-way, whether municipally or privately maintained, serving as the means of vehicular and pedestrian movement. A street may be considered "public" only after the following conditions are met by the applicant, developer, landowner(s) and/or subdivider: the road shall have been constructed to comply with all the requirements of Articles IV and V of this chapter, and the Board of Supervisors shall have accepted the completed street construction as a "North East Township road open to the general public" by ordinance. A street is classified by function as follows:
ARTERIAL STREETA highway devoted primarily to through traffic and major internal traffic movement and may perform secondary land service to business districts and major neighborhoods.
COLLECTOR STREETA highway or road that serves the middle function of both traffic movement and land access, by connecting individual developments to each other and neighborhoods to the arterials.
MARGINAL ACCESS ROADA collector street parallel to, and immediately adjacent to, an arterial highway providing general access to abutting properties and controlled access to the arterial at designated intersections.
LOCAL STREETA road devoted primarily to immediately adjacent land access and may perform incidental traffic movement with other local streets within a development.
ALLEYA narrow right-of-way, privately maintained, serving as a secondary means of access to two or more properties.
CUL-DE-SACA dead-end local street with one end terminating in a vehicular turnaround.
PEDESTRIAN CROSSWALKA narrow right-of-way, privately maintained, which bisects a block to furnish access for pedestrians to an adjacent street or property.
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 registered owner, of land to be subdivided.
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, 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 residential
dwellings, shall be exempted.
The term "subdivision" includes any development of a parcel
of land (for example, as a shopping center, an industrial park, or
a multiple dwelling project), which involves installation of streets
and/or alleys, even though the streets and alleys may not be dedicated
immediately to public use and the parcel may not be divided immediately
for purposes of conveyance, transfer or sale.
A subdivision containing more than five lots, requiring the
submission by the subdivider and approval by the governing body (either
conditional or final) of preliminary and final subdivision plans,
and/or a subdivision involving a new street right-of-way.
A subdivision containing five lots or fewer, served by an
existing public street, wherein the governing body may waive the requirements
of submitting a preliminary subdivision plan, provided the final subdivision
plan meets all the requirements of this chapter.
Where, in the judgment of the 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
