[Ord. 105, 12/13/1993, § 300]
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 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.
[Ord. 105, 12/13/1993, § 301; as amended by Ord.
169, 10/11/1999, § 1]
For the purpose of this chapter, the following terms shall have
the meanings indicated, unless otherwise specifically stated. Words
not defined herein shall be observed and applied according to their
generally accepted dictionary definitions.
Any person, corporation, partnership, association or legal
entity having completed forms provided by the Township relative to
this chapter and having submitted such completed forms to the Township
with the required application fee for review and approval of any subdivision
or land development application.
Every application, whether designated as preliminary or final,
required to be filed and approved prior to start of construction,
development and/or excavating, including but not limited to an application
for a building permit and/or an application for subdivision of land
and/or an application 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.
An area bounded by street, utility, railroad, public facility
or other rights-of-way or easements or other definite barriers.
The Board of Supervisors of the Township of Jefferson, Butler
County, Pennsylvania.
The line of that face of the building nearest the front line
of the lot at the street right-of-way line.
An independent and detached structure having a roof supported
by columns or walls, or resting on its own foundation, including but
not limited to principal structures, mobile homes, garages, greenhouses
and other accessory buildings.
That portion of the total street right-of-way surfaced or
otherwise prepared or meant 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.
An area of unobstructed vision at a street intersection defined
by lines of sight between points at a given distance from the intersection
of street lines.
The Jefferson Township Planning Commission as duly appointed
by the local Board of Supervisors.
A metal pipe or iron pin of at least 1/2 inch outside diameter
and at least 30 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.
An obligation defined by law or agreement, the violation
of which can be restrained by court action; these are usually stated
in the deed. Private covenants are not legally enforceable by the
Township.
A street open to traffic and pedestrian access with one end
permanently terminated by a vehicular turnaround.
Any person, individual, firm, partnership, association, corporation,
estate, trust or any other group acting as a unit, who makes or causes
to be made a subdivision of land or a land development.
A minor vehicular way providing access between a street or
road and a parking area or garage within a lot or parcel of ground.
A minor vehicular way providing access between a street or
road and a parking area or garage within and serving a maximum of
two lots or parcels of ground, 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 terminology for a common driveway maintenance agreement or
declaration for approval prior to plat or plan approval, and said
maintenance agreement shall be duly executed and in due course be
recorded of record separately, or set forth verbatim, on the approved
plan of subdivision as a covenant or declaration.
A grant by a property owner for the use of land which is
given to persons, corporations or the public for purposes such as
access, utility placement or similar activities.
The engineer for the Township as officially designated by
the Board of Supervisors.
A tract, parcel or area of land abutting and located to the rear or behind another tract, parcel or area of land and which 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 as specified for its total length and which minimum width area is for the express purpose of providing vehicular egress, ingress and utility access to said tract, parcel or area of land. The said minimum width area serving the flag portion of the lot shall not be used in computing the minimum lot area required by the Jefferson Township Zoning Ordinance [Chapter 27]. Lot width at the building line shall comply with the requirements of this chapter.
Pennsylvania Department of Transportation Form 408, latest
publications and bulletins, Commonwealth of Pennsylvania, Specification
Publication No. 408.
The front boundary line of a lot facing a street. The front
of a corner lot shall be considered: on the street that parallels
the long dimension of the block, on the street of highest use classification,
or on the basis of orientation of the majority of other lots in the
vicinity.
The duly elected Board of Supervisors of the Township of
Jefferson, Butler County, Pennsylvania.
The entire land area of a tract, as distinguished from net
acreage.
A strip of land equal to or less than 1/2 of the required
right-of-way reserved or proposed for street purposes along the property
line. (Half streets are prohibited except to complete another existing
half street.)
The legally designated health authority of Pennsylvania,
including but not limited to the Pennsylvania Department of Environmental
Protection.
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including but not limited to
grading, paving, curbs, gutters, storm sewers and drains, improvements
to existing watercourses, sidewalks, crosswalks, street signs, monuments,
water supply facilities, sewage disposal facilities and stormwater
control facilities.
An authorized representative of the Township Board of Supervisors
assigned to make any or all on-site inspection of work performed and
materials furnished by the developer or his agents.
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; 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; or a subdivision
of land.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes in a 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 Jefferson Township for review.
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 tract or parcel of land designated for conveyance or transfer
of ownership, improvement or sale, whether immediate or future.
The area of a lot on which a building and its accessories
are located; provided that the area shall be measured to the street
right-of-way line only, and not including any part of a street, alley,
driveway or other area used in common with the owner or occupier of
other lots.
A lot abutting two or more streets at their intersection,
on which the building line for all streets must be observed.
The mean horizontal distance between the front lot line and
the rear lot line.
A lot that has access to a public right-of-way from both
the front yard and back yard. Double-frontage lots may be permitted
by the Board of Supervisors only as a modification due to unnecessary
hardship or unique physical circumstances that are not created by
an appellant.
The lines bounding a lot as defined.
A lot abutting a public right-of-way along both the front
and rear yards, having access to only one of the public rights-of-way.
The total horizontal distance across the lot, between the
side lot lines, measured at the building line.
Subdivisions of less than 10 lots developed along existing
improved public thoroughfares that require no additional streets or
street openings or realignment of existing streets; the division of
existing vacant lots; and the division of lots containing more than
one principal structure for the purpose of transferring legal ownership
of lots or structures and the land on which they are situated; provided
that no new land development or new streets or realignment of existing
streets is involved.
A transportable single-family dwelling intended for permanent
occupancy, an office or a place of assembly, contained in one unit,
or in two units designed to be joined into one integral unit capable
of again being separated for repeated towing, that 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 home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is developed and maintained consistent with the specific requirements of the mobile home park section of this chapter. (See Part 11.)
Any contiguous parcel or tract of land under single ownership, used or intended to be used for the placement of two or more mobile homes for nontransient use, developed and maintained consistent with the specific requirements of the mobile home park section of this chapter. (See Part 11.)
A relaxation or change in the provisions of this chapter
that is granted by the Board of Supervisors in cases where the developer
can show, to the satisfaction of the Board of Supervisors, that the
literal enforcement of the provisions would exact undue hardship because
of peculiar conditions pertaining to the land in question.
A survey reference point constructed and placed as specified
in this chapter.
The Township of Jefferson, Butler County, Pennsylvania.
The total acreage of a development site minus the areas utilized
for accessways, on-grade utilities and facilities, lakes, ponds or
similar water surfaces and parking facilities.
A sanitary sewage collection system in which sewage is carried
from an individual lot or dwelling unit 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 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 served which
may be publicly or privately owned and operated.
A system of piping, tanks or other facilities serving only
a single lot and disposing of sewage in whole or in part into the
soil or by a processing system located on site.
An unoccupied and undeveloped space open to the sky.
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 shall be deemed
to be a landowner for the purposes of this chapter.
For purposes of this Part, off-street parking and loading
areas shall be defined as follows:
Any individual, firm, trust, partnership, public or private
association or corporation or other entity.
A complete and exact plan of a subdivision or land development,
with professional engineer's or registered surveyor's seal
affixed, prepared for official approval and/or recording as required
by this chapter, to define property rights, streets and/or other proposed
improvements. When it is appropriate to prepare a plat using the professional
services as set forth in the definition of the "practice of landscape
architecture" under Section 2 of the Landscape Architects' Registration
Law, being Act No. 535 of 1965, enacted January 24, 1996 (1965 P.L.
1527), such final plat may bear the seal of a registered landscape
architect.
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, 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.
A tentative subdivision plan of an entire tract, prepared
by a registered land surveyor, showing approximate street and lot
layout, as a basis for consideration and review prior to preparation
of a final plan.
The map or plan of a subdivision or land development, whether
preliminary or final.
A formal meeting open to the general public held pursuant to proper public notice by the Board of Supervisors of Jefferson Township, the Jefferson Township Planning Commission or the Zoning Hearing Board of Jefferson Township, intended to inform and obtain public comment and/or to receive data, information and/or evidence, prior to taking action in accordance with this chapter or the Zoning Ordinance of Jefferson Township [Chapter 27].
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84) known as the "Sunshine Act."
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Township in accordance
with the requirements of the Pennsylvania Municipalities Planning
Code. Such notice shall state the time and place of the hearing and
the particular nature of the matter to be considered at the hearing.
The first publication shall be not more than 30 days and the second
publication shall not be less than seven days from the date of the
hearing.
Within the terms of this chapter, public utility shall be
defined to include gas, electric, telephone, sewerage, water and communication
cable services.
The modification of a recorded subdivision, in whole or in
part, by a redesign of lots, size, area or street layout. (Such action
requires subdivision approval.)
Land reserved for use as a street, interior walk or other
public purpose, and dedicated for public use; all must be recorded
in the County Recorder of Deeds' office. For purposes of this
chapter, public right-of-way lines shall prevail over private parcel
lines that are designated as falling within the public right-of-way.
When a lot abuts a right-of-way of a public thoroughfare, all applicable
lot area and lot requirements shall be computed from the public right-of-way
line.
The minimum distance that a structure can be located from
a right-of-way or property line or another structure, thereby creating
a required open space on a lot.
The designated official of the Township who issues and reviews
on-site sewage permit applications and conducts such investigations
and inspections as are necessary to implement the Pennsylvania Sewage
Facilities Act, as amended, and the rules and regulations thereunder.
A plan to control the increase and concentration of runoff
of stormwater caused by land development or predeveloped conditions.
The following street classifications shall apply to all streets
in the Township:
Expressway. Expressways are limited-access freeways that carry
through traffic between major urban centers and to and from points
outside of a region with no interference.
Arterial. Arterials carry major movements of traffic within
or through the community.
Collector. Collectors carry the internal traffic movements within
the Township and connect developed areas within the arterial system.
The collector system simultaneously provides abutting property with
road access and accommodates local internal traffic movements.
Local. Local streets provide access to immediately adjacent
land.
Private. Any vehicular way that is not dedicated as a public
street.
Any man-made object having an ascertainable stationary location.
The owner, authorized agent of the owner or applicant for
any subdivision or land development proposed in Jefferson Township.
The division or redivision of a lot, tract or parcel 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, for lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the division 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.
That point during construction when, in the opinion of the
Township Engineer, at least 90% (based on the cost of the required
improvements for which financial security was posted pursuant to 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.
The Township of Jefferson, Butler County, Pennsylvania.
A professional engineer or engineering firm licensed as such
in the Commonwealth of Pennsylvania, duly appointed as the Engineer
for the Township of Jefferson.
Includes all existing channels, creeks, ditches, drains,
dry runs, springs and streams, and also all proposed channels, ditches,
drains and drainage facilities, whether natural or man-made.
Those areas that are inundated by surface water or groundwater
with a frequency sufficient to support, and under normal circumstances
does support, a prevalence of vegetative or aquatic life requiring
saturated soil conditions for growth and reproduction. Wetlands generally
include swamps, marshes, bogs and similar areas such as sloughs, potholes,
wet meadows, river overflow, mudflats and natural ponds.
A yard extending across the full width of the lot, unoccupied
other than by steps, walks, terraces, driveways, lampposts and similar
improvements, the depth of which is the least distance between the
front lot line at the right-of-way line and the building line.
A yard extending across the full width of the lot between
the rear of the principal building and the rear lot line, unoccupied
other than by steps, walks, terraces, driveways, lampposts and similar
improvements.
A yard between the principal structure and the side lot line,
extending from the front yard, or from the front line where no front
yard is required, to the rear yard. The width of the required side
yard is measured horizontally at 90° with the side lot line, from
the nearest part of the principal building.
The zoning districts established by the Zoning Ordinance of Jefferson [Chapter 27].
The officially adopted Zoning Ordinance of Jefferson Township [Chapter 27] and all subsequent amendments thereto.
The individual authorized by the Jefferson Township Board of Supervisors to be the administrator of the daily application of the provisions contained in the Zoning Ordinance of Jefferson Township [Chapter 27].
