[Ord. 147, 1/10/2008]
For the purpose of this chapter certain terms and words used
herein shall be interpreted or defined as follows:
A.Â
The word "lot" includes the word "plot" or "parcel."
B.Â
Words used in the present tense shall include the future.
C.Â
Words used in the singular imply the plural.
D.Â
The masculine gender includes the feminine and neuter genders.
E.Â
The word "person" includes a corporation, partnership, association
and/or an individual as well as an association of individuals.
F.Â
The words "shall" and "will" are always mandatory; the word "may"
is permissive.
G.Â
References to codes, ordinances, resolutions, plans, maps, governmental
bodies, commissions, agencies or officials are to codes, ordinances,
resolutions, plans, maps, governmental bodies, commissions, agencies
or officials of Frazer Township as in effect or office from time to
time including amendments thereto or revisions or successors thereof,
unless the text indicates another reference is intended.
[Ord. 147, 1/10/2008; as amended by Ord. 159, 4/6/2010, §§ 1,
38]
Unless otherwise stated, the following words, terms and phases shall have the meanings indicated in this section; provided, that any terms or words not defined herein shall be interpreted consistent with the definitions and meanings referenced in the Zoning Ordinance [Chapter 27].
A private drive providing pedestrian and vehicular access
between a public or private street and a parking compound on a single
lot. An access drive shall not include and shall not be considered
a driveway.
A detached, subordinate building or structure, the use of
which is customarily incidental to that of the principal structure
or use of land and which is located on the same lot as occupied by
the principal structure or use.
A use on the same lot with, and of a nature customarily incidental
and subordinate to, the principal use.
An application that has been submitted to the Township along
with all documents, exhibits, plans and fees required by this chapter
and any other Township ordinances, resolutions and/or regulations
and has been declared by the Township Zoning Officer as a completed
application and therefore officially received for review.
Any person, other than a landowner or developer, who, acting
for the landowner or developer, submits to the Township subdivision
and/or land development plans for the purpose of obtaining approval
thereof.
The use of land exclusively as a bonafide agricultural operation
by the owner or tenant including, but not limited to, farming, silviculture,
viticulture, fish culture, animal and poultry husbandry and the necessary
accessory uses for packing, treating or storing the produce and equipment
for housing and feeding the animals and housing the equipment, provided
that the operation of the accessory use is clearly incidental and
subordinate to the agricultural activity.
The Allegheny County Health Department or any agency successor
thereto.
See definition of "alley" under "street."
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors,
assigns or agents.
Every application, whether preliminary, tentative 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
zoning permit, conditional use, for the approval of a subdivision
plat or plan and/or for the approval of a development plan.
A plan showing the actual location of easements, curbs, paving,
catch basins, manholes, storm and sanitary sewers, wye-branches, waterlines,
drainage channels, utilities, guardrails and retaining walls and the
surface and flow line elevations of storm and sanitary sewers at every
catch basin and manhole. The "as-built plan" must be based on actual
field measurements made during and after construction and it shall
be prepared, sealed and certified by the licensed design professional
of record.
An area bounded by streets.
The Board of Supervisors of Frazer Township, Allegheny County,
Pennsylvania.
Any structure occupied or intended for supporting or sheltering
any occupancy.
Same as "building setback line."
Same as "front building setback line."
See "principal building."
An expansion of the floor area or the increase in the building
area of an existing building or structure. The increase or expansion
of which shall be included within, or attached to, the existing building
or structure.
The total area of the greatest outside dimensions, on a horizontal
plane, of a building or structure.
That area of the lot which has no building dimensional restrictions.
The building envelope shall not include the area of any required setbacks
(except for driveways which cross yards), buffer yards or floodplains.
A line parallel to a lot line, defining the yard required by the Zoning Ordinance [Chapter 27].
The building setback line that is parallel to the front lot line, located at a distance equal to the front yard required by the Zoning Ordinance [Chapter 27].
The building setback line that is parallel to the rear lot line, located at a distance equal to the rear yard required by the Zoning Ordinance [Chapter 27].
The building setback line that is parallel to the side lot line, located at a distance equal to the side yard required by the Zoning Ordinance [Chapter 27].
That portion of the street right-of-way surfaced for vehicular
use, excluding shoulders and berms.
An area of unobstructed vision at the intersection of two
or more streets, access drives or alleys. The triangle shall be measured
100 feet from the intersection of the center line, unless otherwise
determined by the Township Engineer based on sound and accepted engineering
practices on a case-by-case basis.
A private driveway utilized by two or more separate lots
or dwelling units for access to a public or private street.
A parcel or parcels of land, 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 parking compound utilized by more than one principle use,
structure or dwelling on a single lot.
A water supply system, other than a public water system,
providing water for more than two units of occupancy which shall comply
with all applicable regulations of the Department of Environmental
Protection or other regulatory agency.
The Comprehensive Plan of Frazer Township, as amended.
The combination of two or more lots, tracts or parcels of
land for the any purpose, including sale or lease of a building or
lot. A consolidation shall be generally referred to as a subdivision
under the provisions of this chapter.
See "lot, corner."
U.S. Army Corps of Engineers or any agency successor thereto.
The Allegheny County Department of Economic Development or
its successor.
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 intersecting another street at one end and terminating
at the other in a vehicular turnaround.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic;
all curbs shall be constructed in accordance with the specifications
in this chapter or any other ordinance enacted by the Board of Supervisors
setting requirements for the construction of roads, curbs and sidewalks
or PennDOT specifications (if applicable).
The deliberate appropriation of land by its owner for general
public use.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
The speed used for the design of streets. For purposes of
this chapter, design speed shall equal the proposed or posted speed
plus a minimum of 10 miles per hour. The minimum proposed or posted
speed in the Township is 25 miles per hour, unless otherwise approved
in accordance with PennDOT regulations.
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; a subdivider.
The provisions for development, including a planned residential
development, a land 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.
A private drive providing access between a public or private street or access drive and a parking area for a single-family residential dwelling unit and/or a lot utilized for a single-family dwelling, which shall comply in all respects with the Zoning Ordinance [Chapter 27], Driveway and Street Access Ordinance [Chapter 21, Part 2] and any other chapter or Township ordinance regulating the placement and/or construction of driveways.
A building, or portion thereof or other structure used primarily
for human habitation (whether permanent or seasonal) providing complete
housekeeping facilities for a single family and which includes exclusive
sleeping, cooking, eating and sanitation facilities. Buildings with
more than one set of cooking facilities are considered to contain
multiple dwelling units unless the additional cooking facilities are
clearly accessory, such as an outdoor grill.
Grant by a property owner for the use, for a specific purpose
or purposes, of a strip of land by the general public, a corporation
or a certain person or persons.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The natural process by which soil and rock material moves
on the earth's surface through the forces of wind and water.
The Fawn-Frazer Joint Water Authority or any successor entity
thereto.
A complete and exact subdivision and/or land development plan, including all supplementary data specified in § 22-403 of this chapter.
See "lot, flag."
The Frazer Township Authority or any successor entity thereto.
The length of a property line bordering a public or private
street right-of-way that is open to vehicular traffic.
The slope expressed in a percent which indicates the rate
of change of elevation in feet per 100 feet.
Excavation or fill or any combination thereof, including
conditions resulting from such activities.
The sum of the gross horizontal area of several floors of
a principal building or buildings located on the same lot. All dimensions
shall be measured between exterior faces of walls.
An area at the end of a dead-end street where the cartway
branches in two directions, providing sufficient space for vehicles
to execute three point turning maneuvers without entering adjacent
properties or the driveways of any lots abutting the street.
An unincorporated association or not-for-profit corporation
whose membership consists of the lot owners of a residential development.
A homeowners association shall also include a condominium unit owners
association. All such associations shall comply with the requirements
for unit owners associations contained in the Pennsylvania Uniform
Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
A surface which resists the entrance or passing through of
water or other liquids and prevents the percolation of water into
the ground.
A complete and exact subdivision and/or land development
plan, the sole purpose of which is to permit the construction of only
those improvements required by this chapter, as an alternative to
guaranteeing the completion of those improvements by a corporate bond
or other surety.
Pavements, curbs, gutters sidewalks, water mains, sanitary
sewers, storm sewers, stormwater management facilities, grading, street
signs, plantings and other items for the welfare of the property owners
and the public.
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
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.
Development in accordance with § 503(1.1) of the MPC,
53 P.S. § 10503(1.1), as amended.
As used in this definition, the term "improvement" shall include,
but not be limited to:
Construction of a new principal building.
Construction of an addition to an existing building.
A change in the use of an existing building or lot resulting
in an increase in the area of the lot covered by a building and/or
an impervious surface.
Construction, reconstruction, and/or renovation of an existing
principal building the cost of which is equal to or greater than 40%
of the fair market value of the subject property as established by
the current Allegheny County property assessment records.
See "minor land development."
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 the land.
A professional landscape architect licensed as such in the
Commonwealth of Pennsylvania.
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers and shade trees.
A lot, tract or parcel of land divided or redivided from
the parent lot, tract or parcel by lease.
A map showing the site with relation to adjoining areas.
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.
A lot, abutting upon two streets at their intersection.
A lot that has any portion of its front lot line or front
yard abut the rear or side yard of an adjacent lot rather than a road
right-of-way and where access to the road right-of-way would typically
be by a narrow, private right-of-way or driveway.
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, not including any
area within a street right-of-way.
A subdivision that involves the combination of two or more
lots, tracts or parcels of land.
The mean horizontal distance between the front lot line and
the rear lot line.
Any boundary of a lot.
A lot line separating the lot from the street. For corner
lots, the front lot line abuts the street upon which the main entrance
of the structure is located. If a structure is angled, and faces neither
street but the intersecting points of the streets, then the front
lot line will be determined by the location of the pedestrian access.
Any lot line which is not a front lot line or a rear lot
line.
The lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front lot line. A lot
bounded by only three lot lines will not have a rear lot line.
A subdivision plan that revises the lot lines of an existing
plat without creating new lots, parcels, buildings, public improvements,
or revising existing easements and/or rights-of-way.
A lot that is part of a subdivision plat duly recorded in
the Allegheny County Recorder of Deeds identified in those records
by plan book volume and page number or other similar approved recording
citation.
The mean horizontal distance across the lot, between the
side lot lines, measured at the front building setback line unless
otherwise stated.
Financial security required to be posted as a condition of
the Township's acceptance of dedication of public improvements
following completion, by and in accordance with the requirements of
this chapter, Township ordinances and the MPC.
A land development plan that contains less than 10,000 square
feet of new building area.
A subdivision plan of not more than five lots and containing
not more than five dwelling units.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two 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.
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 body politic and corporate created pursuant to the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended and re-enacted.
A resident or tenant on a temporary or permanent basis.
Same as "landowner."
An area on a single lot containing any use other than agricultural
or one single-family detached dwelling for the parking of three or
more vehicles (see also "common parking compound.")
An off-street space available for the parking of a vehicle.
Occupancy of one space shall not restrict ingress or egress to another
space.
An outside surfaced area having no roof and no more than
three sides walled or fenced.
Financial security required to be posted as a condition to
final plat approval, by in accordance with the requirements of this
chapter, all Township ordinances and the MPC, in order to assure completion
of improvements required by this chapter. Also known as "completion
security."
Unless otherwise specified, person shall mean both the singular
or plural, male or female, firm, business, partnership, association,
limited liability company or corporation, or any other legal entity.
See "preliminary plan."
See "final plan."
A development of land controlled by one landowner to be developed
as a single entity for a number of dwelling units in accordance with
provisions of the Planned Residential Development regulations of the
Zoning Ordinance.
The Frazer Township Planning Commission.
A map or plan, either preliminary or final, presented to
the Township for approval, indicating the subdivision, consolidation,
re-division of land or a land development.
A subdivision and/or land development plan including all required supplementary data specified in § 22-402 of this chapter, showing approximate locations.
A building or buildings in which is conducted the main or
principal use of the lot on which the building is located.
The main use of land or structures as distinguished from
a subordinate or accessory use.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers and other facilities to be owned, maintained
or operated by a private entity as an individual, corporation or homeowners
association for which plans and specifications must comply with the
provisions of this chapter and all other Township ordinances and regulations.
See definition under "street."
Persons who provide expert or professional advice including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects and/or
planners.
All roads, streets, walkways, gutters, stormwater management,
facilities, curbs, sewers and other facilities to be dedicated and
accepted by or maintained by the Township for which plans and specifications
must comply with the provisions of this chapter and all other Township
ordinances and regulations.
Land set aside for use as a street, alley or other means
of travel.
The Frazer Township Authority or any other sewer authority
which provides public sewage service in the Township.
The length of street, measured along the center line, which
is continuously visible.
An informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of a proposal prepared in accordance with § 22-401 of this chapter.
Chapter 26, Part 1, of the Frazer Township Code of Ordinances, Stormwater Management, as amended.
A strip of land, including the entire right-of-way and cartway,
utilized as a means of vehicular and pedestrian travel for more than
one lot or parking compound. Street includes avenue, boulevard, road,
highway, freeway, parkway, lane, alley, viaduct and any other ways
used or intended to be used by vehicular traffic or pedestrians, whether
public or private; however, "street" shall not include driveway, common
driveway or access drive as defined herein. Unless the existing streets
within the Township are officially classified, the following general
classifications will prevail:
ARTERIAL STREET; HIGHWAYA street or road which is used primarily for fast or heavy traffic including, but not limited to, all roads classified as main and secondary highways by PennDOT. The arterial streets in Township shall include, but not be limited to, the following:
Baileys Run Road (County).
Bakerstown Road (also known as Tarentum-Culmerville Road) (County).
Butler Logan Road (State).
Crawford Run Road (County).
Days Run Road (TR 952).
Murray Hill Road (TR 947).
Pittsburgh Mills Boulevard.
Riddle Run Road (State).
Route 908 Extension (State).
State Highway Route 28 (State).
Tawney Run Road (State).
COLLECTOR STREETA street which carries traffic from minor streets to the major system or arterial streets, including the principal entrance or circulation streets of a residential development and all streets within industrial and/or commercial subdivisions or developments. The collector streets within the Township shall include, but not be limited to, the following:
Beacom Road (TR 943).
Clarks Pike Road (TR 607).
Clarvista Drive (TR 732).
Crescent Drive (TR 721).
Cyphers Road (TR 722).
Dellenbaugh Road (TR 730).
Fairfield Road (TR 724).
Fashion Drive.
Galleria Drive.
Gillespie Road (TR 723).
Kurn Road (TR 953).
Log Cabin Road (State).
Mechling Street (TR 946).
Mills Drive.
Pittsburgh Mills Circle.
Retail Drive.
Sefton Road (TR 729).
Value Drive.
Village Center Drive.
Waltenbaugh Street (TR 944).
Yutes Run Road (TR 702).
LOCAL STREETA street designed to provide access to abutting lots and to discourage through traffic. The local streets within the Township shall include, but not be limited to, the following:
ALLEYA minor street which is used primarily for vehicular access to the rear or side of two or more properties, and otherwise abutting a street, or for placement of utilities.
PRIVATE LANEA private street which is used for access to no more than five abutting lots that are utilized for single-family detached dwellings and/or agricultural operations.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. Also known as the "street
line" and/or "right-of-way line."
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. The term "structure" includes buildings, communications towers, parking areas, sidewalks and similar construction, all as defined by this chapter and the Zoning Ordinance [Chapter 27].
Any change in the support members of a building such as bearing
walls, columns, beams or girders, changes in the means of ingress
and/or egress; enlargement of floor area or height of a structure;
or relocation from one position to another.
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, shall be exempted.
See "minor subdivision."
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
A map showing ground elevations by contour lines and the
location of important natural, man-made and other features.
The Frazer Township, Allegheny County, Pennsylvania.
The professional engineer licensed as such in the Commonwealth
of Pennsylvania and duly appointed as the engineer of Frazer Township
or his designee.
A facility that is not physically occupied by persons on
a regular basis and the operation and control of which is not performed
by persons physically located on the site of the facility.
An entity that provides utility service(s) to a property
or use including, but not limited to, the provider(s) of sanitary
sewage, water, stormwater conveyance and management, telephone, electricity,
natural gas, cable television and internet services.
The granting of an exception or modification to these regulations
which, in the opinion of the Board of Supervisors based on a recommendation
by the Township Planning Commission, will not be detrimental to the
general welfare, impair the intent of those regulations or conflict
with the Township Comprehensive Plan.
The Fawn-Frazer Joint Water Authority or any successor entity
thereto.
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow including, but not limited to, drainage channel, creek, drain,
river or stream.
Those areas that are inundated or saturated by surface 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 condition. Wetlands include,
but are not limited to, swamps, bogs and similar areas. Wetlands shall
be identified by a person appropriately qualified and trained to delineate
wetlands, using the current delineation manual and other protocols
and guidance required by the DEP, the U.S. Environmental Protection
Agency, and/or the Army Corps of Engineers.
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein or the Zoning Ordinance [Chapter 27].
That individual authorized by the Board of Supervisors to
be the administrator of the day-to-day application of the provisions
contained in this chapter.
Chapter 27 of the Frazer Township Code of Ordinances, Zoning, as amended.
