[Ord. No. 2002-196, 9/30/2002]
1.
For the purpose of this chapter, certain terms and words used herein
shall be interpreted or defined as follows:
A.
Words
used in the present tense shall include the future.
B.
Words
used in the singular number shall include the plural.
C.
Words
used in the plural number shall include the singular.
D.
The word
"person" includes a corporation, partnership, firm, company or similar
entity as well as an individual, or an association of individuals.
E.
The words
"shall" and "will" are always mandatory.
F.
The word
"may" is permissive or discretionary where compliance is indicated.
[Ord. No. 2002-196, 9/30/2002]
Unless otherwise expressly stated, the following words or phrases
shall, for the purpose of this chapter, have the meaning herein indicated
and shall be literally applied by the Borough of New Stanton staff,
members of the Planning Commission, Zoning Hearing Board, consultants
and by the Borough Council. Words or terms used but not defined in
this Part shall have the same meaning as stated in the Pennsylvania
Municipalities Planning Code[1] or Chapter 27, Zoning, of the Code of the Borough of New Stanton.
The Storm Water Management Act (Act of October 4, 1978, P.L.
No. 167; 32 P.S. § 680.1 et seq., as amended and supplemented).
A public thoroughfare which affords only a secondary means
of access to abutting property and is not intended for general traffic
circulation.
A tract of land or an area used principally as the location
for permanent amusement structure or rides.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his 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.
Plans, profiles, cross sections and construction details
showing the exact final location, elevation, grade, size and material
used in the construction of all facilities installed, to the same
scale as the approved construction drawings.
A municipal sewer is considered available if:
Connection is recommended and/or required in the regulations
of the Borough of New Stanton or any municipal authority with jurisdiction
by the Borough;
Connection is recommended and/or required by the regulations
of the Pennsylvania Department of Environmental Protection pursuant
to the "Pennsylvania Sewage Facilities Act;"[2] or
An existing municipal sewer line, with sufficient capacity,
is located within 1,000 feet of the nearest point of a subdivision
or land development.
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
prepared; for purposes of this chapter, the 100-year flood.
The 100-year flood elevation. Within the approximated floodplain,
the base flood elevation shall be established as a point on the boundary
of the approximate floodplain closest to the construction site in
question.
An area bounded by streets.
Borough of New Stanton, Westmoreland County, Pennsylvania.
A registered, professional engineer licensed as such in the
Commonwealth of Pennsylvania, duly appointed by the Borough to perform
the duties of engineer as herein specified.
An independent structure having a roof supported by columns
or walls resting on its own foundation and intended for the shelter,
housing or enclosure of any individual, animal, process, equipment,
goods, or materials of any kind. A "detached building" is one separate
on all sides from adjacent buildings by open spaces from the ground
up.
That line fixed by the required yard depths measured back
from the nearest road right-of-way or, where there is no road right-of-way,
the property line.
The line of that face of the building nearest the frontline
of the lot. This face includes sun parlors, attached decks and covered
porches, whether enclosed or unenclosed, but does not include steps
or patios.
That portion of the street right-of-way surfaced for vehicular
use. Width is determined from face of curb to face of curb or from
one edge of driving surface to the other edge of driving surface.
A perceptible natural or artificial waterway which periodically
or continuously contains moving water or which forms a connecting
link between two bodies of water. It has a definite bed and banks
which confine water.
The triangular area formed by two intersecting street center
lines and a line interconnecting points established on each center
line, 75 feet from their point of intersection. This entire area is
to remain clear of obstructions to sight above a plane established
3 1/2 feet in elevation from grade level at the intersection
of the street center line.
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.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The Westmoreland County Conservation District.
A line which joins all points of equal elevation on the ground.
A property which abuts two or more intersecting public streets
from each of which any building on the property must be set back the
minimum front yard distance for the zoning district in which such
property is located.
A metal pipe or iron pin of at least one-half-inch outside
diameter and at least 18 inches in length, to be placed in the ground
per survey, and used to identify the location of a lot or parcel of
land boundary line, at a corner or otherwise.
The Borough Council of the Borough of New Stanton, Westmoreland
County, Pennsylvania.
An obligation defined by law or agreement, the violation
of which can be restrained by court action: These are usually stated
in the deed.
A street or road with one end open to traffic and pedestrian
access and permanently terminated at the other end by a vehicular
turnaround. A "cul-de-sac" is the vehicular turnaround at the end
of a cul-de-sac street. See Part 5, Design Standards.)
A closed conduit for the free passage of surface drainage
under a highway, railroad, canal, or other embankment.
See "storm frequency."
The slowing, dampening or attenuating of runoff flows entering
the natural drainage pattern or storm drainage system by temporarily
holding water on a surface area in a detention basin or within the
drainage system.
A pond or reservoir constructed to impound or retard surface
runoff temporarily.
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 manufactured homes, streets and other paving, utilities,
filling, grading, excavation, mining, dredging or drilling operations
and the subdivision of land. Also, any activity that affects the stormwater
runoff characteristics of a site.
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
the development plan" when used in this Part shall mean the written
and graphic materials referred to in this definition.
The flow or rate of flow from a canal conduit, channel or
other hydraulic structure.
In general, the removal of surface water from a given area
commonly applied to surface water and groundwater.
A minor vehicular way providing access between a street or
road and a parking area or a garage within a lot or parcel of ground.
An improved vehicular access facility serving a maximum of
two parcels or lots which may be under separate or common ownership
which connects the parcels and provides access to a public street.
All subdivisions proposing to create a common driveway shall submit
a common driveway maintenance agreement for approval prior to plan
approval. Said maintenance agreement shall be recorded with the plat.
An improved vehicular access facility serving three or more parcels or lots shall be considered a private street and shall comply with the design and construction requirements for a private street. (See "street, private.") All subdivisions proposing to create a multidriveway shall submit a multidriveway maintenance agreement for approval prior to plan approval and comply with the requirements of § 22-701, Performance Requirements, § 22-702, Performance Guarantees, and § 22-703, Release from Improvement Bond.
An improved vehicular access facility serving only one parcel
or lot which connects and provides access to a public street but which
does not provide access to any other lot or parcel under separate
ownership.
A building or portion thereof designed for and used exclusively
for residential development:
DWELLING UNITOne or more rooms having cooking and facilities and access directly outdoors or through a common entrance hall.
SINGLE-FAMILY DETACHED UNITA residential structure containing only one dwelling unit.
CONVERSION UNITExisting residential structure which has been modified structurally in such a way as to convert it from one dwelling unit to multiple dwelling units.
SEMIDETACHED UNITA residential structure containing two single-dwelling units having one common wall.
ATTACHED ROW HOUSE OR TOWNHOUSEA residential structure containing three or more dwelling units which are separated from each other by two common walls, except for the end units.
MULTIPLE DWELLING OR APARTMENT UNITA residential structure of two or more stories containing three or more dwelling units (not attached, row house or townhouse units).
CONDOMINIUMSA given set of dwelling units, each of which is owned by an individual person or persons in fee simple, and which is assigned a proportionate interest in all common elements, as set forth in the Unit Property Act[3] of the Commonwealth of Pennsylvania.
An interest in land granted across private property for private
or public utility lines, stormwater management facilities, or similar
uses, or for access to other properties beyond, and/or passage over,
under or through, which is granted by the property owner to those
using or occupying the easement.
A point or series of points (see "contours") which are a
known vertical distance above or below a predetermined elevation datum.
All elevations used shall be based on United State Geological Survey
Datum.
Any structure or activity which in any manner changes, expands
or diminishes, the course, current or cross section of any watercourse,
floodway or body of water.
A professional engineer registered in the Commonwealth of
Pennsylvania (see also "Borough Engineer").
Surveys for:
The development of any tract of land, including the incidental
design of related improvements, such as line and grade, extension
of roads, sewers and grading, but not requiring independent engineering
judgment; provided, however, that tract perimeter surveys shall be
the function of the professional land surveyor.
The determination of the configuration or contour of the earth's
surface, or the position of fixed objects thereon or related thereto
by means of measuring lines and angles and applying the principles
of mathematics, photogrammetry or other measurement methods.
Geodetic survey, underground survey and hydrographic survey.
Stormwater management surveys and sedimentation and erosion
control surveys.
The determination of the quantities of materials.
Tests for water percolation in soils.
The preparation of plans and specifications and estimates of
proposed work and attendant costs as described in this definition.
Wearing away of the lands by running water, winds and waves.
The application of measures to reduce erosion of land surfaces.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
The erection, construction, alteration or maintenance by
public utilities or municipal or other government agencies of underground
or overhead gas, electrical steam or water ion or distribution systems,
communication, or disposal systems, including poles, wires, mains,
drains, sewers, pipes, conduit cables, fire alarm boxes, police call
boxes, traffic signals, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
such service by such public utilities or municipal or other governmental
agencies; excluding, however, buildings, storage tanks, wireless communications
facilities, towers, antennas, relay or transmission stations, substations
and pumps.
Any act by which earth, sand, gravel rock or other similar
material is dug into, cut, carried, uncovered, removed, displaced,
relocated or bulldozed. It shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any other similar
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 also 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.
A temporary inundation of normally dry land areas.
That area of the 100-year floodplain not included in the
floodway district. The basis for the outermost boundary of this district
shall be the 100-year flood elevations contained in the flood profiles
of the Flood Insurance Study (FIS) prepared by the Federal Insurance
Association (FIA) and dated June 15, 1981, revised in 1997.
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. In determining the necessary elevations
for the purposes of this chapter, other sources of data may be used,
such as:
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the 100-year magnitude.
A biological community of a minimum one acre in land area
dominated by trees, 50% which have a minimum two-inch caliper at a
height of 4 1/2 feet from ground level.
Pennsylvania Department of Transportation Form 408, latest
publications and bulletins, Commonwealth of Pennsylvania, Specification
Publication No. 408.
Materials and/or vegetation covering the ground surface.
Subsurface water occupying the saturation zone, from which
wells and springs are fed.
Replenishment of groundwater naturally by precipitation or
runoff or artificially by spreading or injection.
An organization of property owners of lots in individual
residential developments sharing some or all of the responsibilities
for the ownership and maintenance of common open space in each plan.
The floodplain area specifically identified on the FEMA community
parcel map as being inundated by the 100-year flood.
Not allowing or allowing only with great difficulty the movement
of water; impermeable.
Those physical changes to land or structures necessary or
desirable to produce lots, including, but not limited to: grading,
paving, curbs, gutters, stormwater sewers, individual or community
sanitary sewage systems, improvements to existing watercourses, sidewalks,
crosswalks, street signs, monuments, water supply and water distribution
systems and facilities, sanitary sewers, sanitary sewerage collection
systems and sanitary sewage treatment plant facilities.
An authorized representative of the Borough Council assigned
to make any or all on-site inspection of work performed and materials
furnished by the developer or his agents.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street. Such right-of-way
shall have a minimum width of 10 feet.
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
tenants; 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,
leasehold, condominium building groups or other features.
A subdivision of land.
Development other than those activities specified as exclusions in § 22-105 of this chapter.
Any man-made change to improved or unimproved real estate,
including, but not limited to, improvements, buildings or other structures,
the placement of mobile or manufactured homes in a manufactured home
park, streets and other paving, utilities, filling, grading, excavating,
mining, dredging, or drilling operations, and any and all required
information, technical reports or surveys to be submitted to the Borough
for review under the provisions of this chapter.
Any activity involving the changing, grading, transportation,
fill and any other activity which causes land to be exposed to the
danger of erosion.
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.
The area of a horizontal plane measured at grade and bounded
by the front, side and rear lot lines.
The average horizontal distance between the front and rear
lot lines.
A tract, parcel or area of land abutting and located to the rear or behind another tract, parcel or area of land and is connected to a public or private street by a contiguous area of land that is a part of said lot that has a minimum width of 25 feet for its total length and is for the express purpose of providing pedestrian and/or vehicular egress, ingress, and/or utility access to said tract, parcel or area of land. The area of the flag portion of the lot shall not be used in computing the minimum lot area required by Chapter 27, Zoning, of the Code of the Borough of New Stanton. Lot width at the building line shall comply with the requirements of the Chapter 27, Zoning.
The boundary fine describing the limits of a property and
separating it from adjacent properties or a public street or right-of-way.
The average horizontal distance across the lot between the
side lot lines, measured at the building fine.
See "corner lot."
A lot other than a corner lot.
The upkeep necessary for efficient operation of physical
properties.
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 or home park which is designed
and unproved for the placement thereon of a single mobile or manufactured
home.
A parcel (or contiguous parcels) of land which has been so
designated and improved for the placement of two or more mobile or
manufactured homes.
That part of an individual mobile or manufactured home lot
which has been reserved for the placement of the mobile or manufactured
home, appurtenant structures or additions.
Where, because of peculiar conditions pertaining to the land
in question, literal enforcement of the provisions of this chapter
will exact undue hardship, modification may be granted, provided that
such modification will not be contrary to the public interest and
the purpose and intent of this chapter as observed.
When the developer can show that a provision of this Part would
cause unnecessary hardship if strictly adhered to and where because
of topographical or other conditions peculiar to the site and, in
the opinion of the Planning Commission, a modification may be made
without destroying the intent of such provision, the Planning Commission
may recommend and the Borough Council may authorize relief from the
strict application of this provision. Any relief thus authorized shall
be entered in the minutes of the Borough Council along with the reasons
which justify the modification.
A permanent marker constructed of concrete and metal or entirely of metal, capable of being found with a metal detector, and placed in the ground by survey, as per the provisions of Part 6, Improvements. Each monument shall be constructed and placed as specified elsewhere in this chapter.
Act 247 of 1968, as amended, supplemented and reenacted.[4]
A watershed where natural surface configuration, runoff characteristics
and defined drainage conveyances have attained the condition of equilibrium.
Any wall, dam, embankment, levee, dike, pile, abutment, projection,
excavation, channel rectification, culvert, building, fence, stockpile,
refuse, fill, structure or matter in, along, across or projecting
into any channel watercourse or designated floodplain district which:
A sanitary sewage collection system planned, designed, constructed,
operated and maintained in accordance with the provisions of the Pennsylvania
Sewage Facilities Act,[5] as amended and supplemented, and approved by the governmental
agencies having jurisdiction, and in which sewage is carried from
individual lots or dwelling units by a system of pipes to a central
treatment and disposal plant which may be publicly or privately owned
and operated.
A potable water distribution system planned, designed, constructed,
operated and maintained in accordance with the provisions of the Water
Plan and Clean Water Act of 1991, as amended and supplemented, and
approved by the governmental agencies having jurisdiction, and in
which water is carried to individual lots or dwelling units by a system
of pipes from a central water source, located beyond the limits of
the lot being serviced, which may be publicly or privately owned and
operated. Applicants for subdivision and land development approval
shall be required to connect to a public water distribution system
unless lots are to be served by private wells.
A flood that, on the average, is like to occur once every
100 years or that has a 1% chance of occurring each year, although
the flood could occur in any year.
A single system of piping, tanks or other facilities approved
by the Borough and any other governmental agency having jurisdiction
and planned, designed, constructed, operated and maintained in accordance
with the provisions of the Pennsylvania Sewage Facilities Act,[6] as amended and supplemented, serving only a single lot
and disposing of sewage in whole or in part into the soil.
A single system providing potable water consisting generally
of piping, tanks or other facilities serving only a single lot and
obtaining the water either in whole or in part from a primary source
located within the limits of the lot being served.
An unoccupied space open to the sky on the same lot with
the building or on the same tract of land upon which building lots
are recorded.
The means of controlling the relationship between the headwater
elevation and the discharge, placed at the outlet or downstream end
of any structure through which water may flow.
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 landowner
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purposes of this chapter.
An off-street space having minimum dimensions of nine feet
in width and 18 feet in depth and an area of not less than 162 square
feet, whether inside or outside of a structure, for the temporary
standing of an automotive vehicle.
A paved, at-grade open area without a permanent covering,
no part of which shall be greater than three feet above adjacent ground
level.
Maximum flow.
The Pennsylvania Department of Environmental Protection.
A standard which establishes an end result or outcome which
is to be achieved but does not prescribe specific means for achieving
it.
A complete and exact plan of a subdivision or land development, prepared as required or permitted by statute and containing all information required by Part 3 of this chapter, with registered professional engineer's or registered surveyor's seal affixed and prepared for official approval and/or recording as required by this chapter.
An area of land or real estate to be developed as a planned
community in accordance to the Uniform Planned Community Act, being
Act No. 180 of 1996,[7] or as same may be subsequently amended, and therein defined
and again herein defined as real estate with respect to which a person,
by virtue of ownership of an interest in a portion of the real estate,
is or may become obligated by covenant, easement or agreement imposed
on the owner's interest to pay any amount for real property taxes,
insurance, maintenance, repair, improvement, management, administration
or regulations of any part of the real estate other than the portion
or interest owned solely by the person. The term excludes a cooperative
and a condominium, but a condominium or cooperative may be part of
a planned community. For the purpose of this definition, ownership
includes holding a leasehold interest of more than 20 years, including
renewal options, in real estate. The term includes nonresidential
campground communities.
The duly constituted Planning Commission of the Borough of
New Stanton, Westmoreland County, Pennsylvania.
A complete and exact plan of a subdivision or land development, prepared as required or permitted by statute and containing all information required by Part 3 of this chapter, with registered professional engineer's or registered surveyor's seal affixed and prepared for official approval and/or recording as required by this chapter.
A tentative subdivision or land development plat containing the information required in Part 3 of this chapter.
(Also "deck.") A freestanding or attached structure or improvement
used with or as part of a principal structure and primarily used for
outdoor purposes. A porch or deck is considered a part of the principal
structure for the purpose of determining minimum setbacks.
A formal meeting held pursuant to public notice by the Borough
Council 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 the Act of June 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.[8]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. 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 area of any property between the rear line of the property
and the rear setback line parallel to it.
The watershed factor determined by comparing the maximum
rate of runoff from a subbasin to the contributing rate of runoff
to the watershed peak rate at specific points of interest.
A strip of land adjacent to a street intended to control
access to the street from an adjacent property.
A basin, usually enclosed by artificial dikes, that is used
to retard stormwater runoff by temporarily storing the runoff and
releasing it at a predetermined rate.
The average interval in years over which an event of a given
magnitude can be expected to recur.
A lot extending between and having frontage on a major traffic
street and a local street, and with vehicular access solely from the
latter.
Land reserved for use as a street, alley, interior walk or
other public or private purpose.
That part of precipitation which flows over the land.
The surface components of any watershed which affect the
rate, amount and direction of stormwater runoff. These may include,
but are not limited to, vegetation, soils, slopes and man-made landscape
alterations.
United States Department of Agriculture Soil Conservation
Service.
Mineral or organic solid material that is being transported
or has been moved from its site of origin by air, water or ice and
has come to rest.
The process by which mineral or organic matter is accumulated
or deposited by moving water, wind, or gravity.
The area of any property bounded by the required front and
rear yards and the side property line and parallel side setback line.
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 0.50 foot.
See "detention pond" and "retention pond."
The average interval in years over which a storm event of
a given precipitation volume can be expected occur.
A sewer that carries intercepted surface runoff, street water
and other drainage but excludes domestic sewage and industrial waste.
That portion of precipitation which runs over the land.
Natural or man-made structures that collect and transport
stormwater through or from a drainage area to the point of final outlet
including, but not limited to, any of the following: conduits and
appurtenant features, canals, channels, ditches, streams, culverts,
streets and pumping stations.
The plan for managing stormwater runoff as required by the
Storm Water Management Act.[9]
Includes 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.
The following street classifications shall apply to streets
in the Borough of New Stanton and shall be applied as defined in the
Comprehensive Plan for the Borough of New Stanton, Westmoreland County,
Pennsylvania, 2000.
ARTERIALArterials accommodate intercommunity traffic flow and afford connections to other communities or secondary regional traffic generators with direct access to adjoining property being a secondary function. The average length of trip of such highway normally exceeds three miles.
COLLECTORThese roads serve to funnel traffic onto arterials and to provide linkage on an intercommunity basis. Providing access to properties abutting a collector street is likewise a secondary function. The primary function of a collector street is to accept the traffic generated on local streets with which they may be interlinked.
LOCALSuch roadways are intended primarily to serve properties fronting on their right-of way. These roads generally do not carry major traffic volumes since their function is to serve that traffic generated from the residential properties.
A street, including the entire private right-of-way, which is privately owned and maintained through private agreement and which is intended for private use. A private street which provides access to three or more lots or parcels which do not have access to a public street shall be considered as access to a public street. (See also "driveway, private," "driveway, common" and "driveway, multi.") Design standards for private streets shall comply with the requirements of Part 5 herein and improvements shall comply with the standards of Part 6 herein. Performance requirements in § 22-701, performance guarantees in § 22-702, and release from improvement bond in § 22-703 shall apply to all development proposing the installation a private street.
A street, including the entire public right-of-way, which
has been dedicated to and accepted by the Borough, county or commonwealth
or which has been devoted to public use by legal mapping, use, or
other means.
A street, including the entire public right-of-way, which
has been dedicated to the public or the Borough or which has been
devoted to public use by legal mapping, use, or other means, but not
yet accepted by the Borough.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
See "developer."
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.
For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term
does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or a state inventory of historic places.
When, in the judgment of the Borough Engineer or Zoning and Codes Officer, at least 90% of those improvements required as a condition for final approval (based on the cost of the required improvements for which financial security was posted pursuant to § 22-702 of this chapter) have been completed in accordance with the approved plan.
A low-lying stretch of land which gathers or carries surface
water runoff.
A map showing ground elevations by contour lines and the
location of important natural and man-made features.
Includes all existing channels, creeks, ditches, drains,
dry runs, springs and streams, also all proposed channels, ditches,
drains and drainage facilities, whether natural or artificial, with
perennial or intermittent flow.
The entire region or area drained by a river or other body
of water, whether natural or artificial. A "designated watershed"
is an area delineated by the Pennsylvania Department of Environmental
Protection and approved by the Environmental Quality Board for which
counties are required to develop watershed stormwater management plans.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions as defined
and regulated by the United States Environmental Protection Agency
(EPA), United States Army Corps of Engineers (COE), and the Pennsylvania
Department of Environmental Protection (DEP).
The administrative officer designated to administer Chapter 27, Zoning, and issue zoning and building permits.
The official adopted zoning ordinance (Chapter 27) of New Stanton Borough and all subsequent amendments thereto.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]
Editor's Note: The former Unit Property Act, 68 P.S. § 700.101
et seq., was repealed 7-2-1980 by P.L. 286, No. 82, § 2.
See now 68 Pa.C.S.A. § 3101 et seq., the Uniform Condominium
Act.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: See 35 P.S. § 750.1 et seq.
[6]
Editor's Note: See 35 P.S. § 750.1 et seq.
[7]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
[8]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[9]
Editor's Note: See 32 P.S. § 680.1 et seq.
