1.
Words in the
singular include the plural, and words in the plural include the singular.
The words "persons" or "owners" include an individual, corporation,
partnership, joint venture or any other legal entity whatsoever. "Building"
includes "structure" and shall be construed as if followed by the
words "or part thereof."
2.
The word "street"
includes "road," "highway" and "lane." The word "watercourse" includes
"drain," "ditch" and "stream." The word "may" is permissive; the words
"shall" and "will" are mandatory.
Unless otherwise expressly stated, the following
terms shall, for the purpose of interpreting this chapter, have the
meanings indicated:
A means of approaching or the right to approach, enter and
use.
A building which is on the same lot with, but detached from,
the principal building and which is subordinate to the principal building.
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use.
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of properties whose principal
frontage is on some other public or private street and not intended
for general traffic circulation.
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 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 or for the approval
of a development plan.
See "plan, as-built."
Borough of Homestead, Allegheny County, Commonwealth of Pennsylvania.
See "Council."
A professional engineer licensed in the Commonwealth of Pennsylvania
with training and experience in civil engineering, duly appointed
by Borough Council to serve as engineer for the Borough.
A landscaped area of certain depth specified by this chapter
which shall be planted and maintained in grass, ground cover, shrubs,
bushes or other natural landscaping material of a mix of sizes and
types of plant material, designed to reduce or eliminate incompatibility
or conflicts between adjacent uses of differing character within the
same zoning district or between zoning districts.
[Amended 12-10-1992 by Ord. No. 1031]
A line parallel to the street right-of-way at a distance therefrom which is equal to the depth of the front yard required by Chapter 27, Zoning, for the zoning district in which the lot is located.
The horizontal length of a building facade or the sum of
building facade segments which are parallel to the street which the
building wall faces.
The portion of a street or alley which is surfaced for vehicular
use, excluding shoulders and berms.
The Chairman of the Homestead Borough Planning Commission.
An area of unobstructed vision at the intersection of two
streets and a driveway, measured at the height of a driver's eye which
is assumed to be 3.75 feet above the road surface, between points
at a given distance from the intersection of the center lines of two
streets or of a street and driveway as specified in Appendix I of
this chapter[1] intended to allow the operators of vehicles approaching
simultaneously to see each other in time to prevent a collision.
Surety, in a form acceptable to the Borough, in the form
of cash, a certified check, a letter of credit, a corporate performance
bond or a labor and material payment bond from an approved Pennsylvania
surety company which guarantees the satisfactory completion of those
private improvements in a subdivision or land development plan which
are required by this chapter or voluntarily proposed by the developer
and intended for the use and enjoyment of the residents, tenants and
users of the subdivision or land development.
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 and/or users of a development,
not including streets, off-street parking areas and areas set aside
for public facilities.
Surety, in a form acceptable to the Borough, in the form
of cash, a certified check, a letter of credit, a corporate performance
bond or a labor and material payment bond from an approved Pennsylvania
surety company which guarantees the satisfactory completion of improvements
required by this chapter.
A building where each unit in the structure is individually
owned and the owner of each unit has an undivided interest in the
common areas and facilities of the structures surrounding grounds.
The combination of two or more lots, tracts or parcels for
the purpose of sale or lease or land development.
[Amended 12-10-1992 by Ord. No. 1031]
See "plan, construction."
An imaginary line on the surface of the earth connecting
all points that are of equal heights above some reference plane, usually
sea level, which never cross one another.
Homestead Borough Council, Allegheny County, Commonwealth
of Pennsylvania.
County of Allegheny, Commonwealth of Pennsylvania
Allegheny County Planning Commission.
A right-of-way, municipally owned, which cuts across a block
to furnish access for pedestrians to adjacent streets or properties.
A short street having one end open to traffic and being permanently
terminated by a vehicle turnaround, including a court or dead-end
street.
An excavation; the difference between a point on the original
ground and a designation point of lower elevation on the final grade;
the material removed in excavation.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who proposes, makes or causes to be made
a subdivision of land or a land development.
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 chapter shall mean the written
and graphic materials referred to in this definition and as required
by the provisions of this chapter.
A lot having two or more of its nonadjoining property lines
abutting on a street or streets, usually having front and rear street
frontage.
A vehicular access route serving only one parcel or lot which
provides access to a public street, but which does not provide access
to any other lot or parcel under separate ownership.
Any building or portion thereof which is built, altered or
used for residential purposes, including single-family, two-family
and multiple-family dwellings, but not including hotels, motels or
other lodging houses, nursing homes, hospitals or residential clubs.
A residential building or portion thereof containing three
or more independent dwelling units, including high-rise multiple-family
dwellings, mid-rise multiple-family dwellings, low-rise multiple-family
dwellings, garden apartments, townhouses, triplexes and quadruplexes.
A detached residential building designed for or occupied
exclusively by one family and which is the only principal structure
on the lot.
A detached residential building containing separate, independent
dwelling units for two families with the units attached either side
by side or one over the other and which is the only principal structure
on the lot.
One or more rooms in a dwelling designed and used as a single
housekeeping unit for one family, having its own bathroom and cooking
facilities.
A grant of one or more of the property rights by the property
owner to and for use by the public, a corporation or another person
or entity.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania with training and experience in civil engineering.
The use of the word "engineer" shall not exclude the practice of topographic
surveying by a registered surveyor as provided for in state law.
[Amended 12-10-1992 by Ord. No. 1031]
One or more persons related by blood, marriage, adoption
or foster care, or a group of not more than three persons who need
not be related by blood, marriage, adoption or foster care, who are
living together in a dwelling unit and maintaining a common household.
The required charge established by Borough Council to defray
the cost of processing an application, reviewing an application or
inspecting improvements during installation which shall be payable
to the Borough in accordance with the requirements of this chapter.
Homestead Borough Council.
Any area identified by the Borough as an area containing
one or more historic resources.
Any site, object or structure identified by the Borough as
having value due to its historic significance.
A building, site or structure that has been identified as
significant in a historic resource survey conducted in accordance
with the guidelines of the Pennsylvania Historic and Museum Commission
or which has been listed or is eligible for listing on the official
national, state or Borough historic register.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers and other facilities to be owned, maintained
or operated by a private entity such as an individual, corporation
or homeowners' association for which plans and specification shall
comply with the Borough Construction Standards and Specifications.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers and other facilities to be dedicated to
or maintained by the Borough for which plans and specifications shall
comply with the Borough Construction Standards and Specifications.
A code enforcement officer or other authorized representative
of Homestead Borough assigned to make any or all necessary inspections
of the work performed and materials furnished by the developer and
his contractors to install the public and private improvements required
by this chapter.
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.
Developments authorized to be excluded from the regulations of land development by § 22-303 of this chapter.
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 or
she is authorized under the lease to exercise the rights of the landowner;
or other persons having a proprietary interest in land.
A tract of land in a plan of subdivision or any other parcel
of land described in a deed or legal instrument pursuant to the laws
of the Commonwealth of Pennsylvania intended to be used as a unit
for development or transfer of ownership.
The area contained within the property lines of an individual
parcel of land, excluding space within the street right-of-way, but
including the area of any easement.
Surety, in a form acceptable to the Borough, in the form
of cash, a certified check, a letter of credit or corporate bond from
an approved surety company which guarantees the repair or maintenance
of the improvements required by this chapter for a specified time
after their completion and acceptance by the Borough.
A voluntary process in which parties in a dispute mutually
select a neutral mediator to assist them in jointly exploring their
differences, culminating in a written agreement which the parties
themselves create and consider acceptable.
A departure from the literal terms of this chapter granted by Borough Council in accordance with Part 9 of this chapter in cases of physical hardship or where equal or better specifications are available.
See "engineer."
The Borough of Homestead.
A lot the area or dimension of which was lawful prior to the adoption or amendment of Chapter 27, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in Chapter 27, Zoning, or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.
The date of the regular or special meeting of the Planning
Commission at which an application submitted for approval under this
chapter is accepted by the Planning Commission as complete in content
and properly filed in accordance with the requirements of this chapter.
A map adopted by ordinance pursuant to Article IV of the
Pennsylvania Municipalities Planning Code, Act 170, 1988.[2]
A tract of land separately owned and described in a deed
recorded in the office of the Allegheny County Recorder of Deeds.
The hour during which the highest cumulative directional
traffic flow or demand occurs for a development site, transportation
facility or system which is the subject of traffic impact analysis.
Act 247 of 1968, as amended by Act 170 of 1988, 53 P.S. § 10101
et seq.
Updated set of drawings showing all details in the as-built
condition, illustrating field adjustments and true conditions of the
improvement installations.
A plan prepared by a registered engineer showing the horizontal
details, profile and typical cross section of a street or other public
improvements and their appurtenances to be constructed or installed.
A complete and exact subdivision plan, prepared for recording
by a registered engineer or registered surveyor, showing right-of-way
lines, easements, lot lines and areas and any other relevant information
pertaining to the streets or lot layout of a subdivision or of a land
development and containing all the information required by this chapter.
An area of land controlled by a landowner to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of Chapter 27, Zoning.
A member of the American Institute of Certified Planners
or a planner who is licensed or registered as a planner in a state
which registers planners.
The Borough of Homestead Planning Commission.
A plan prepared by a registered engineer or registered surveyor
showing existing features and topography of the land and proposed
street and lot layout within and adjacent to a subdivision or to a
land development and containing all the information required by this
chapter.
The map or plan of a subdivision or land development, whether
preliminary or final.
Includes:
A formal meeting held pursuant to public notice by the Borough
of Homestead or the Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A document entitled "Borough of Homestead Public Improvements
Code" prepared by the Borough Engineer, adopted and amended from time
to time by resolution of Borough Council upon recommendation of the
Borough Engineer, copies of which are on file in the office of the
Borough Secretary.
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."
[Amended at time of adoption of Code (see AO)]
Notice published once a 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.
A building or facility occupied or operated by a governmental
agency or philanthropic organization, where administrative activities
are conducted or social or educational services are provided to the
general public.
A strip of land, occupied or intended to be occupied by a
street, crosswalk, railroad, road, public utilities or other special
uses, which is separate and distinct from any lot or parcel and which
may be publicly or privately owned.
A group of three or more retail business establishments located
in a building or buildings developed as a single entity and sharing
a common parking lot.
A shopping center in which total gross floor area is more
than 250,000 square feet but does not exceed 500,000 square feet.
A shopping center in which total gross floor area does not
exceed 250,000 square feet.
The distance that an object six inches off the pavement is
visible from a driver's eye level 3 3/4 feet above the pavement
(average height of a driver's eyes).
See "clear sight triangle."
A subdivision containing no more than three lots, each of
which is not of sufficient size to be further subdivided in accordance
with the requirements of the zoning district in which they are located
and which are proposed for single-family dwellings, all of which have
frontage on an improved public street, and not involving any new street
or the extension or creation of any municipal facilities or public
improvements and which does not adversely affect the future development
of the remainder of the parcel or any adjoining property.
A lot, if the use is located on a recorded lot in a subdivision
and if there is no other use on the same lot. In a land development
where there are two or more buildings on a lot, the "site occupied
by a use" is the area large enough to accommodate the use and all
required parking and loading areas, setbacks, buffer yards and any
other required yards or open areas. Any land area counted as the "site
occupied by a use" shall not be counted as the site for any other
use.
A use authorized in a particular zoning district which is granted or denied by the Zoning Hearing Board pursuant to express standards and criteria contained in Chapter 27, Zoning.
A way designed for circulation of vehicular traffic, including
the entire right-of-way and cartway, whether designated as a street,
highway, throughway, thoroughfare, parkway, boulevard, road, avenue,
place or the like.
A public street which serves large volumes of local and through
traffic and which collects and distributes traffic from collector
streets through the region.
A public street which, in addition to providing access to
abutting lots, intercepts local streets and provides a route for carrying
considerable volumes of local traffic to community facilities and
arterial streets.
A public street designed to provide access to abutting lots
and to discourage through traffic.
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 provides access to several
lots or parcels which do not have access to a public street and which
require access to a public street through the private street. (See
also "driveway, private.")
A street, including the entire public right-of-way, which
has been dedicated to and accepted by the Borough or which has been
devoted to public use by legal mapping, use or other means.
[Amended 12-10-1992 by Ord. No. 1031]
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who proposes, makes or causes to be made
a subdivision of land or a land development.
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, or partition by the court for distribution to
heirs or devisees, provided 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.
See "simple subdivision."
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 § 509 of the Pennsylvania
Municipalities Planning Code[3]) 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 registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
The ability of a person to have an unobstructed line of sight
extended from a given point at a public viewing place, such as a public
street, public park, public building or other public site, across
an area.
A natural or artificial channel where water would, or does,
flow, including a channel, creek, drain, river and stream.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within a municipality.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
[2]
Editor's Note: See 53 P.S. § 10401
et seq.
[3]
Editor's Note: See 53 P.S. § 10509.
