[Ord. 96-266, 5/2/1996]
Words used in the present tense shall include the future. The
singular number shall include the plural, and the plural the singular.
The word "person" includes a corporation and unincorporated association.
The word "shall" is mandatory.
[Ord. 96-266, 5/2/1996; as amended by Ord. 99-299, 11/23/1999,
§ 1; by Ord. 2004-349, 6/3/2004, § 1; and by Ord.
2005-362, 12/15/2005]
As used in this chapter, the following terms shall have the
meanings indicated, unless otherwise specifically stated:
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 zoning
permit, for the approval of a subdivision plan or for the approval
of a development plan. Every application for development must include
the form designated by the Township and all other plans and information
required by this Code.
An architect registered by the Commonwealth of Pennsylvania.
The area of a lot measured on a horizontal plane bounded
by the front, side and rear lot lines of the lot.
The lot area less any portions of the lot located in identified
floodplain areas, or wetlands.
The site area less any portions of the site located in environmentally
sensitive areas, those areas designated for nonresidential uses including,
but not limited to, limited neighborhood commercial areas and common
open space, and those areas consisting of streets and utilities.
The total area of the lot or lots comprising a site.
Plans shall include profiles, cross-sections, and construction
details.
Any area of the building having its floor below ground level
on all sides.
A structure having a roof supported by columns, piers or
walls for the shelter of persons, animals, or other property. When
separated by walls which are common with the walls of adjoining buildings,
each portion of such structure shall be considered a separate building.
A line extending across a lot, establishing the minimum open
space to be provided between the front line of buildings and the front
lot line.
Caliper of a tree trunk is a diameter measurement taken six
inches above the ground for trees up to and including four-inch caliper
size and 12 inches above the ground for larger sizes. Caliper of trees
is a standard measurement used in the grading of nursery stock.
Large shade tree with deciduous foliage (leaves lasting only
one growing season, bare in winter) generally reaching at least 40
feet in height at maturity.
Paved area of right-of-way exclusive of curb structure.
An area of unobstructed vision at street intersection, defined
by lines of sight between points at a given distance from the intersection
of street lines.
A concept of design and site planning in which several houses
are grouped together on a tract of land. Each cluster of houses is
set off from others by an intervening space, often held for the common
enjoyment of the neighboring residents or the community at large and
which helps give visual definition to each individual group.
The Code of Ordinances for the Township of Cranberry as adopted by the Board of Supervisors by Ord. 2005-362, 12/15/2005, and as may be subsequently amended by the Board of Supervisors. The Code of Ordinances of Cranberry Township contains all Township ordinances of a general and permanent nature as is more fully described in Chapter 1, Part 1, of this Code.
Cranberry Township Planning Advisory Commission, Cranberry
Township, Butler County, Pennsylvania.[1]
That area in a subdivision or planned residential development,
including common open space, owned or leased and maintained by an
association or other combination of persons for the benefit of the
residents of the planned residential development and, if owned under
the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq., including all common elements designated for the use of all
dwelling unit owners.
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 lots, areas set aside for public facilities,
and stormwater detention basins unless designed and constructed as
a wet basin or a naturalized basin as provided in the Township Public
and Private Improvements Code. Common open space includes usable common
open space and passive common open space.
The Comprehensive Development Plan of Cranberry Township
indicating the general locations recommended for circulation facilities,
community improvements and land uses.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
The County of Butler, Commonwealth of Pennsylvania.
A public right-of-way which crosses a block to furnish access
by pedestrians to adjacent streets or properties.
A short street having one end open to traffic and being permanently
terminated by a vehicle turnaround.
Any structure not classified as a bridge, which provides
an opening under the roadway.
A stormwater facility that collects and temporarily stores
surface runoff and releases it at a controlled rate. Detention basins
maybe classified into the following categories:
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DRY BASIN — A detention basin designed to completely drain following a storm event. (see Chapter 17)
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NATURALIZED BASIN — A detention basin designed to completely drain following a storm event and which blends into the surrounding environment by being curvilinear in shape and using native plants to provide soil stabilization. (see Chapter 17)
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UNDERGROUND BASIN — Detention storage located
in underground tanks or vaults designed to provide water quantity
control through detention of stormwater runoff.
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WET POND — A basin that has a permanent pool
of water throughout the year.
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WET POND — Also may be called a "wet basin" or "retention pond." (See Chapter 17.)
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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, streets
and other paving, utilities, filling, grading, excavation, mining,
dredging or drilling operations and the subdivision of land.
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" shall mean the written and graphic materials
referred to in this definition.
All drawings, cross sections, applicable standard drawings
or reproductions thereof pertaining to the construction of the project.
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.
One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family.
A grant or dedication to the public, a municipality, a corporation,
a person, or a grantee by a property owner/developer or grantor of
a right-of-way or parcel of land for a specific purpose, right, interest,
benefit, or usage.
A point or series of points (contours) which are a common
distance above sea level or some other alternative point of reference
which has a predetermined elevation. In terms of regulations, only
the United States Geological Survey shall be utilized unless otherwise
approved by the Township Engineer.
A professional engineer registered by the Commonwealth of
Pennsylvania.
An assessment of the impact of a use on the (1) natural environment,
i.e., geology, topography, soils, hydrology, vegetation, wildlife,
wetlands, and air quality; and (2) the cultural environment, i.e.,
lot use, utilities, traffic, population, economics, services, historic
assets, and general character of the neighborhood. The assessment
of traffic impact must include a complete traffic analysis prepared
and sealed by a professional traffic engineer identifying the impact
of the proposed development on existing traffic and circulation patterns
and proposing solutions to problems which may arise as a consequence
of the proposed development.
An area with one or more of the following environmental characteristics:
Surety, in a form acceptable to the Township Solicitor, in
the form of cash, a certified check or irrevocable letter of credit
and restrictive or escrow account or set-aside agreement from a federal-
or commonwealth-chartered lending institution, or a corporate performance
bond or a labor-and-material payment bond from a surety company authorized
to conduct business in the commonwealth, which may be classified as
the following:
IMPROVEMENT SECURITYA financial security which guarantees the satisfactory completion of improvements required by this chapter.
MAINTENANCE SECURITYA financial security which guarantees the structural functioning and integrity of improvements required by this chapter for a specified period after their completion and acceptance by the Township.
A temporary inundation of normally dry land areas.
The Flood Insurance Study prepared for the Township by the
Federal Emergency Management Agency, Federal Insurance Administration,
dated April 1, 1982, and all accompanying maps, which include flood
profiles and the water surface elevation of the base flood, as may
be amended.
[Amended by Ord. 2015-454, 5/6/2015]
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
Relatively flat or low land area(s) which is/are 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.
[Amended by Ord. 2014-454, 5/6/2015]
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 channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
[Amended by Ord. 2014-454, 5/6/2015]
One side of a street divided longitudinally by a property
line.
A number assigned to a specific lot or parcel to be used
as an address.
The floodplain area specifically identified in the Floodplain Ordinance, Ord. 124, 3/25/1982, as amended, and the Zoning Ordinance [Chapter 27] as being inundated by the one-hundred-year flood. Included would be areas identified as Floodway (FW), Floodfringe (FF) and General Floodplain (FA).
An authorized representative of the Supervisors assigned
to make any or all inspections of the work performed and materials
furnished by the developer.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purposes 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.
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 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.
A landscape architect registered by the Commonwealth of Pennsylvania.
A qualitative measure describing operational conditions within
a traffic stream; generally described in terms of such factors as
speed, freedom to maneuver, traffic interruptions, comfort, convenience,
and safety. Levels of service are designated "A" through "F," with
LOS "A" indicating the best service and LOS "F" indicating the worst.
A line which separates a lot from another lot or from a street
or any other public or private space.
A line parallel to a lot line, at a distance from the lot line in accordance with the yard, perimeter, or setback requirements of the Zoning Ordinance [Chapter 27].
A designated parcel, tract, or area of land established by
a plat or otherwise permitted by law and to be used, developed, or
built upon as a unit.
The mean horizontal distance between the front and rear lines
of a lot.
A lot, the generally opposite ends of which both abut on
streets.
The horizontal distance between side lot lines measured on the front yard setback line in accordance with the requirements of the Zoning Ordinance [Chapter 27].
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of the Zoning Ordinance [Chapter 27].
(See "financial security" definition.)
A mobile home as defined in the Zoning Ordinance [Chapter 27].
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.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A permanent marker constructed of concrete or metal placed
in the ground to establish the location of the legal right-of-way
of streets, easements, boundary lines and property corners. Each monument
shall be constructed and placed as specified herein by this chapter.
The Pennsylvania Municipalities Planning Code, Act 247 of
1228, 53 P.S. 10101 et seq., and as it may be amended.
Pennsylvania Department of Transportation.
The preliminary map or maps of a proposed subdivision, drawn
and submitted in accordance with the requirements of this chapter.
The outline representation of a proposed subdivision.
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 the Zoning Ordinance [Chapter 27].
The map or plan of a subdivision or land development, whether
preliminary or final, which has been approved.
See "subdivision" definition.
Any of the following improvements for which plans must comply with the minimum requirements of this chapter, the Public Improvements Code [Chapter 17], the Zoning Ordinance [Chapter 27] of the Code or with conditions of approval of a final plat, land development, site plan or conditional use: roads, streets, walkways, parking areas, gutters, curbs, waterlines, sewers, stormwater management facilities, landscaping or other facilities to be owned, maintained or operated by a private entity, such as an individual, corporation or homeowners' association, including temporary erosion and sedimentation control or stormwater management control methods undertaken during construction.
Owned, operated or controlled by a government agency, federal,
state or local.
A formal meeting held pursuant to the public notice by the
governing body or planning agency, intended to inform and obtain public
comment, prior to taking action in accordance with the MPC, 53 P.S.
§ 10101 et seq.
All roads, streets, walkways, gutters, curbs, waterlines, sewers, stormwater management facilities, landscaping and other facilities to be dedicated to or maintained by the Township or a public entity for which plans and specifications must comply with the Public Improvements Code [Chapter 17].
The Chapter 17 of this Code, entitled "Public and Private Improvements Code."
A forum held pursuant to notice under the act of July 3,
1986, P.L. 388, No. 84, known as the "Sunshine Act," 65 Pa.C.S.A.
§ 701 et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. 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 that seven days from the date of the hearing.
Fees authorized by the MPC as amended and imposed by this
chapter instead of the dedication of land for active recreational
use and the construction of recreational facilities upon agreement
with a developer.
An interest-bearing account established by the Township in
accordance with the MPC, as amended, for the deposit of fees in lieu
of dedication of recreation open space and recreation facilities.
That area of land suitable for the development of specific
active recreation facilities for leisure time activities, usually
of a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites or fields including,
but not limited to, baseball fields, soccer fields, football fields,
tennis, basketball and other court games, hockey facilities, multipurpose
fields and community swimming pools and attendant facilities.
The Cranberry Township Recreation and Open Space Study prepared
by Pashek Associates and adopted by the Supervisors on September 17,
1992, and amended February 23, 1995.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination.
A parcel of land separating a street from adjacent properties.
The sale of commodities and service directly to consumers.
Land reserved or dedicated for use as a street, pedestrian
way, or other means of public or private transportation; or for an
electric transmission line, oil or gas pipeline, water main, sanitary
or storm sewer, or other special use. A right-of-way includes the
entire area reserved or dedicated for the use.
The Secretary of Cranberry Township.
A street which is generally parallel to a collector or arterial
street which provides access to abutting residential or commercial
properties and protection from through traffic.
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 0.5 foot
above the pavement.
A contiguous community of trees sufficiently uniform in composition,
structure, age, size, class, distribution, spatial arrangement, site
quality, condition, or location to distinguish it from adjacent ecological
communities.
[Added by Ord. No. 2023-513, 8/3/2023]
Land area where the inclination of the land's surface from
the horizontal plane is 15% or greater. Slope is determined from on-site
topographic surveys prepared with two-foot contour interval or topography
taken from controlled aerial photography at two-foot contour intervals.
A public or private right-of-way deeded or dedicated for
public use by vehicular traffic, including street, highway, thoroughfare,
parkway, throughway, road, avenue, boulevard, lane, place or other
designation. A street shall also be classified by the adoption of
street classifications or, in the absence of the adoption of such
street classifications by the Supervisors, by determination by the
Township Engineer, according to its type of use as follows:
ARTERIAL STREETA street which serves or is designed to serve heavy flows of traffic and which provides for traffic movements between communities and/or other heavy traffic generating areas.
COLLECTOR STREETA street which serves or is designed to serve moderate flows of traffic and which provides for traffic movements between arterial streets and local streets or between another collector street and local streets.
LOCAL STREETA street which serves or is designed to serve low flows of traffic and which provides primarily for access to abutting properties.
CUL-DE-SAC STREETA short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
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 a private street. (See
also "driveway, private.")
A street, including the entire public right-of-way, which
has been dedicated to and accepted by the Township or which has been
devoted to public use by legal mapping, use or other means.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any person who undertakes the subdivision of land as defined
herein. The "subdivider" may be the owner or the authorized agent
of the owner of the 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, 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.
A subdivision limited to any of the following purposes:
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 pursuant to § 509 of the MPC, 53 P.S.
§ 10509) 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.
The Board of Supervisors of the Township.
A surveyor registered by the Commonwealth of Pennsylvania.
A map showing ground elevations by contour lines and the
location of natural and man-made features upon the land.
The Township of Cranberry, Butler County, Pennsylvania, and
its successors.
A duly registered professional engineer in the Commonwealth
of Pennsylvania employed by the Township or engaged as a consultant
thereto.
Shall include all existing and proposed rivers, streams,
creeks, runs, rivulets, channels, ditches, drains and drainage facilities
which may flow continuously or flow intermittently during periods
of wet weather or rain.
Any area meeting the criteria of the appropriate state or
federal agency to be a wetland.
[1]
Editor's Note: Amended at time of readoption of Code.
