Unless otherwise expressly stated, the following terms shall
have the meanings indicated or shall be interpreted as follows:
A.
Words in the singular include the plural and those in the plural
include the singular.
B.
Words used in the present tense include the future tense.
C.
The words "person," "subdivider" and "owner" include a corporation,
unincorporated association and a partnership, or other legal entity,
as well as an individual.
D.
The word "structure" includes "building" and shall be construed as
if followed by the phrase "or part thereof."
E.
The word "watercourse" includes channel, creek, ditch, dry run, spring
and stream.
F.
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory and directive.
G.
The word "lot" shall include the word "plot" or "parcel."
H.
The word "and" indicates that all connected items, conditions, provisions
or events must apply singly or in combination.
I.
The word "or" indicates that some of the connected items, conditions,
provisions or events may apply singly or in any combination.
J.
The words "either" and "or" indicate that the connected items, conditions,
provisions or events may apply singly but not in any combination.
K.
The word "Borough" means the Borough of Mount Oliver, Pennsylvania.
L.
The word "county" means the County of Allegheny, Pennsylvania.
M.
Any use of the gender-specific words (his, hers, him, her) shall
imply both genders.
N.
In case of any difference of meaning or implication between the text
of this chapter and any caption, illustration or table, the text shall
control.
O.
When a word or phrase is not specifically defined in this chapter,
or referenced in another ordinance, then the common meaning of the
word or phrase, or the definition contained in Webster's Dictionary,
most current version, shall apply.
Other terms or words used herein shall be interpreted or defined
as follows:
A thoroughfare, publicly or privately owned, other than a
side street, which affords only a secondary means of access to abutting
property and not intended for general traffic circulation.
A landowner or developer, including his heirs, successors,
or assigns, who has filed an application for development.
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
and an application for the approval of a development plan.
An area bounded by three or more streets.
The Borough of Mount Oliver, Allegheny County, Commonwealth
of Pennsylvania.
The Council of the Borough of Mount Oliver.
A street adopted as a public street by the Borough, or having
become a Borough street as legally determined.
Any permanent structure having a roof supported by columns
or by walls erected permanently and intended for the shelter, housing
and/or enclosure of persons, animals or other property.
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way.
The improved or paved portion or portions of a street available
for vehicular or other traffic; the portion or portions between curbs
where curbs are used.
An area of unobstructed vision at intersections defined by
lines of sight between points at a given distance from the intersection
of street center lines.
The Conservation District of Allegheny County.
The process, art, or manner of constructing something, usually
a structure.
Allegheny County, Commonwealth of Pennsylvania.
Allegheny County Economic Development.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street.
A dead-end street with a vehicular turnaround at the dead
end.
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 acting
with the permission of such landowner, who makes or causes to be made
a subdivision of land or a land development.
A tract of land that has been made available or usable; a
developed tract of land with structures, commercial or residential,
built on it.
An agreement between the Borough and the owners or developers
of property that is subject to an approved land development plan,
detailing the obligations of both parties and specifying the standards
and conditions that will govern development of the property.
All of the written and graphic materials which describe provisions
for development, including, but not limited to, 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,
and presented in sufficient detail so that its compliance with this
chapter may be determined.
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.
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 paved area leading from a street or other thoroughfare
to a building, house, garage, or parking area.
Any construction or other activity which disturbs the surface
of the land, including, but not limited to, excavations, embankments,
depositing or storing soil, rock or earth, clearing vegetation, tilling
soil, or any other activity which may cause erosion.
An interest in land owned by another person, consisting in
the right to use or control the land, or an area above or below it,
for a specific limited purpose.
A licensed professional engineer registered as such in the
Commonwealth of Pennsylvania.
The removal of surface materials by the action of natural
elements.
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 corporate bond, letter of credit, or escrow account from
a surety or a financial institution in a form acceptable to the Borough,
naming the Borough as obligee.
The duly elected Borough Council of Mount Oliver, Allegheny
County, Commonwealth of Pennsylvania.
The Allegheny County Health Department.
A construction or installation, including, but not limited
to, of any of the following: streets, gutters, culverts, sidewalks,
storm sewers, fiber optic cable, water drainage facilities, utilities
(gas, electric, telephone services), water system, fire hydrants,
sanitary sewers, septic tanks, street signs, or streetlights and including
cuts and/or fills.
Any one 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.
A single nonresidential building on a lot or lots, regardless
of the number of occupants or tenure.
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.
The following certain types of land development shall be excluded:
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 to be a condominium.
The addition of an accessory building to a residential principal
use, including farm buildings, on a lot or lots subordinate to an
existing principal building.
The expansion of an existing building footprint such that the
expansion footprint is 1,000 square feet or less and no greater than
25% of the existing building footprint.
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 the land.
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 lot measured on a horizontal plane bounded
by the front, rear and side lot lines of the lot. No part of a lot
which is also part of a public street, road, alley, or legal right-of-way
shall be included in determining the area of a lot.
A lot described in a deed or shown on a plan of lots which
has been recorded in the office of the Allegheny County Department
of Real Estate.
A lot bounded on at least two sides by streets.
An interior lot which abuts streets in both the front and
rear.
A lot having side lot lines which does not abut on a street.
A lot of record at the time of the adoption of this chapter,
which, by reason of area or dimension, does not conform to the requirements
of this chapter.
A metal pipe or pin of at least 1/2 inch diameter (preferred
3/4 inch or 7/8 inch and at least 24 inches in length (preferred 30
inches to 36 inches) which shall be used for survey purposes.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A structure transportable in one or more sections, which
is built on a chassis, and is designed to be used as a dwelling unit
with or without a permanent foundation, when connected to required
utilities, and includes the plumbing, heating, air-conditioning and
electrical systems contained therein. A mobile home is intended to
be occupied as a dwelling complete, including major appliances, and
often furniture, and contains sleeping accommodations, a flush toilet,
an enclosed tub or shower bath, kitchen facilities, and interior plumbing,
heating and electrical systems meeting the requirements of the Borough,
county and state regulations pertaining to building construction for
human habitation.
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, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
A stone or concrete monument with a flat top at least four
inches in diameter or square, containing a copper or brass dowel (plug),
and at least 24 inches in length (preferred 30 inches to 36 inches).
The bottom, sides or radius shall be at least two inches greater than
the top, to minimize movements caused by front which shall be used
for survey purposes.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency, or joint planning commission.
Uses or areas which do not include or provide a place for
people to live, but containing areas suitable for commercial premises
rather than private houses.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed as intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas, driveways and areas set aside as
public grounds.
See "lot."
The Pennsylvania Department of Transportation.
An individual, partnership, corporation or other legally
recognized entity.
The Planning Commission of the Borough of Mount Oliver.
A complete and exact map or plan of a subdivision or land
development (and including all required supplementary data), prepared
for official recording as required by statute, defining property rights
as well as proposed streets and other improvements.
A tentative map or plan of a subdivision of land development
(and including all required supplementary data), in lesser detail
than a final plat, showing approximate proposed street and lot layout
as a basis for consideration prior to preparation of a final plat.
Said plat shall be prepared by an engineer or surveyor registered
in the Commonwealth of Pennsylvania.
A street, including the entire right-of-way which is privately
owned and maintained through private agreement, intended for private
use, and not adopted or otherwise determined to be a public street
by the Borough, or not having otherwise been adopted as a county,
state or Borough street. A private street typically provides access
to several lots or parcels which do not have access to a public street
or right-of-way.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects, or planners.
Includes:
A formal meeting held pursuant to public notice by the Borough
Planning Commission or Council of the Borough, intended to inform
and obtain public comment, prior to the taking of official action.
Any improvements (parks, streets, buildings, public utilities)
made, owned and operated by federal, state, county or local government.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[1]
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 not be more than 30 days, and the second publication shall not
be less than seven days, from the date of the hearing.
A street, including the entire right-of-way, which has been
dedicated to and accepted by the Borough, county, or state, and has
been devoted to public use by legal mapping or use of other means.
A parcel of ground in separate (sometimes public) ownership
separating a street from the adjacent properties, or from another
street.
Used as a residence for human habitation.
The total width of any land reserved or dedicated to use
as a street, alley, crosswalk or other public purpose.
The surface water discharge or rate of discharge of a given
area or watershed after a fall of rain or snow that does not enter
the soil but runs off the surface of the land.
A sanitary sewage collection system, managed and operated
under private auspices, in which sewage is carried from individual
lots by a system of pipes to a central treatment and disposal plant,
generally serving a neighborhood area.
Any structure designed to biochemically treat sanitary sewage
within the boundaries of an individual lot or tract of lots.
A sanitary sewage collection system, managed and operated
by the Borough, in which sewage is carried from individual lots by
a system of pipes to a central treatment and disposal plant.
Any public or privately owned sewer system in which sewage
is collected from more than one lot and piped to an approved sewage
disposal plant or approved community treatment system, including capped
sewers which are installed to Borough specifications.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is considered sediment.
A covered watertight settling tank in which raw sewage is
biochemically changed into solid, liquid and gaseous states to facilitate
further treatment and final disposal.
The treatment of human or animal waste, either public or
private, by an approved process as permitted by the Pennsylvania Department
of Environmental Protection.
A place where sewage is cleaned and treated so that it is
not harmful or dangerous to the environment.
The portion of a roadway (cartway) between the curb or gutter
and the travel way intended for emergency and parking use.
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.
A subdivision of a parcel into three or fewer lots, provided
that such subdivision does not involve a planned development, any
new street, or the extension of a utility or other Borough facility.
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise or descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for on-site sewage disposal.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
Any public or privately owned sewer system in which nonsanitary
rain or groundwater is collected from streets, on lot impervious areas,
roof drains, parking lots, and driveways and groundwater sump pumps,
including capped sewers, which are installed to Borough specifications.
Any way, whether public or private, used or intended to be
used by vehicular traffic and pedestrians, including avenue, boulevard,
road, highway, freeway, parkway, lane, alley, thoroughfare or viaduct.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The term "subdivider" shall be synonymous in meaning with
"developer," as defined herein, and shall be used interchangeably
with same.
The division or redivision of a lot, tract or parcel, of
and by any means, into two or more lots, tracts, parcels or other
division of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, petition by the court
for distribution to heirs or devisees, transfer of ownership, building
or lot development.
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
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.
A surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of land which gathers, or carries, surface
water runoff.
See "lot."
A vehicle with its axles/wheels still intact which is designed
to serve, wherever parked, as a temporary dwelling or place of business.
Services (such as those which provide light, power or water)
provided to commercial or residential users by a public utility or
municipality, including any equipment or a piece of equipment utilized
to provide such service or a comparable service.
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
Any public or privately owned pipe system in which potable
water is distributed to more than one lot and piped from an approved
water treatment plant or approved community water source which is
installed to Borough and water company specifications.
A pipe or conduit for conveying water.
A permanent stream; intermittent stream; river; brook; creek;
or a channel or ditch for water, whether natural or man-made.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
