[Amended 11-21-1988 by Ord. No. 489; 9-19-1989 by Ord. No. 500; 8-16-2004 by Ord. No. 640]
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY BUILDING
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
ACCESSORY USE
A use subordinate to the main use of land or of a building
and customarily incidental thereto, including, but not limited to,
the use of a building as a private garage.
ARTERY (ARTERIAL) ROADS
The following roads are classified as artery (arterial) roads:
Fox Chapel Road, Dorseyville Road and Powers Run Road.
BOROUGH PLAN
The Comprehensive Development Plan for the Borough of Fox
Chapel, dated April 1963, and prepared by the Pittsburgh Regional
Planning Association, which Plan was received by Borough Council,
as said Plan may be amended, revised or superseded from time to time.
BUILDING
A roofed structure for the shelter, housing or enclosure
of persons, animals or property.
BUILDING LINE
A line through a lot, parallel to the street line, and situated at a distance from said street line equal to the distance shown on the subdivision plan, as approved, or the minimum setback distance established by the Zoning Ordinance, Chapter
400, Part
1, of the Code, for the district concerned, whichever is greater. Where distance in reference to a structure is specified in this chapter, it shall be measured from the outermost projection of the structure, including bay windows, sun parlors, sun porches, open and terraced porches, dormers, second-floor projections, cornices, eaves, gutters, chimneys and solid entrances; and none of the foregoing shall be constructed or maintained nearer to the specified street, public highway or lot line than is herein provided for.
CARTWAY
The portion of a road or lane intended for vehicular use.
In determining the width of a cartway, the edge of the cartway is
considered to be the gutter line or the inside of the curb, whichever
is more limiting; where a curb is not present, the edge of the cartway
is considered to be the edge of the area paved for vehicular use.
COMMON OPEN SPACE
A parcel or parcels of land or water, or a combination of
land and water, within a subdivision or development site and designated
and intended for the use or enjoyment of residents of a subdivision
or the Borough, not including streets, off-street parking areas and
areas set aside for public facilities.
COUNCIL
The governing body of the Borough of Fox Chapel.
CUL-DE-SAC
A road or system of connected roads with one end open for
vehicular access and one or more other ends terminating in a loop
or vehicular turnaround.
DENSITY DEVELOPMENT
The subdivision of land into single-family lots smaller than
that normally permitted in the applicable zoning district or districts,
when authorized as a special exception.
DEVELOPER
Any landowner, agent of such landowner, tenant with the permission
of such landowner, or holder of an option to purchase land, who proposes,
makes or causes to be made a subdivision land.
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants and provisions relating
to use, location and bulk of structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space, incidental recreational facilities 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.
DISTRICT DWELLING
The total number of acres of a density development or planned
residential development divided by the minimum single-family lot size
normally required in the zoning district in which that density development
or planned residential development is located. If a density development
or planned residential development is located in more than one zoning
district, its district dwellings are the sum of the results of dividing
the number of acres of that density development or planned residential
development located in each zoning district by the minimum single-family
lot size normally required in that district.
DRIVEWAY
A vehicular path, which must have a dust-free surface, providing
access from a road or lane to one dwelling.
GRADING ORDINANCE
The Borough of Fox Chapel Grading Ordinance (see Chapter
363, Part
2, Natural Resources Assessment and Protection).
INCIDENTAL RECREATIONAL FACILITIES
Hiking, walking, jogging, equestrian or bicycle trails; private stable (subject to §
400-14B of the Zoning Ordinance); tennis, platform tennis, basketball, racquet ball, squash, volleyball, shuffleboard and badminton courts; baseball, football and rugby fields; swimming pool and related bathhouse; sunning deck; putting, bowling and croquet greens and accessory facilities, of which the location, orientation, arrangement and design are those listed in DeChiara, Joseph, and Koppelman, Lee E., Site Planning Standards, McGraw Hill, 1978, or Handbook of Landscape Architectural Construction, Landscape Architecture Foundation, 1976.
LANE
A cartway, which must have a dust-free surface, providing
access from a road to two or three dwellings or their individual driveways.
LEVEL OF SERVICE (UNSIGNALIZED INTERSECTIONS)
A measure used to classify roads and lanes as a function
of delay, delay being a measure of driver discomfort, frustration,
fuel consumption and lost travel time. Levels of service anticipated
in new subdivisions and the measure of delay associated therewith
are as follows:
|
|
Average Arrival Rate
|
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Level of Service
|
Description
|
On Controlled Road
|
On Cross Road
|
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A
|
Little or no delay entering the cross stream
|
1 vehicle every 50 seconds
|
1 vehicle every 20 seconds
|
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B
|
Short traffic delays entering the cross stream
|
1 vehicle every 20 seconds
|
1 vehicle every 12 seconds
|
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. In determining the area of a lot, no part
of the right-of-way of a road or lane, whether public or private,
may be included.
MASTER PLAN
"Master plan" shall have the meaning assigned to it in the Zoning Ordinance, Fox Chapel Code, Chapter
400, Article
IX, §§
400-47 through
400-50.
NATURAL RESOURCES ORDINANCE
The Fox Chapel Natural Resources Assessment and Protection Ordinance (Ordinance No. 681, Code Chapter
363, Part
2, as amended from time to time).
OWNER
Any person or legal entity having a proprietary interest
in land to be subdivided, but not including a mortgagee, liener, lessee
or contract purchaser.
PARKING SPACE, OFF-STREET
A space adequate for parking an automobile with room for
opening doors on both sides, but in no case measuring less than nine
feet, six inches by 18 feet, together with maneuvering room and properly
related access to a public street or alley.
PERSON
A natural person, firm, association, organization, partnership,
company or corporation.
PHASE
A contiguous area within a subdivision, approval of a final
plat of which is applied for or granted at one time, and in which
all subdivision is completed at one time.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land controlled by a developer, to be developed as a single entity for a number of dwellings, 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 under the provisions of the Zoning Ordinance (Chapter
400, Part
1).
PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, P.L. 805, effective January 1, 1969, as amended.
PLAT
The map or plan of a subdivision, whether preliminary or
final.
ROAD
A right-of-way, municipally or privately owned, serving or
intended to serve as a means of vehicular and pedestrian travel, furnishing
actual or potential access from another road to four or more abutting
lots.
ROAD, PRIVATE
A road not dedicated for general public use or public maintenance.
ROAD, PUBLIC
A road accepted for public maintenance, whether by Borough,
county or state governments.
SHALL
Is mandatory; "may" is permissive.
SIGN
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located.
SIMPLE LOT-LINE CHANGE
The reconfiguration of a lot line between two or more lots,
tracts or parcels of land, provided:
A.
There shall be no net change in the lot area of any of the lots,
tracts or parcels affected by the lot line change; and
B.
The total area of land to be added or removed from any lot,
tract or parcel shall not exceed 7,500 square feet.
SITE IMPROVEMENT
Any facility installed to help render the land suitable for
its proposed use, including but not limited to clearing, grading,
paving, street name signs, fire hydrants, water mains, gas mains,
sanitary sewers, storm sewers, sewage disposal facilities, survey
monuments, landscaping, electric and telephone facilities.
STRUCTURE
Anything constructed or erected with a fixed location on
the ground or an attachment to something having a fixed location on
the ground, including but not limited to tennis courts, other sport
courts and all inflatable enclosures of ground space; provided, however,
that fences, walls or other like divisional construction or enclosure
composed of nongrowing material, if not in excess of 6 1/2 feet
in height, and a growing hedge, row of trees or shrubbery to any height
shall not be deemed a structure.
SUBDIVISION
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A planned residential development as defined in Chapter
400, Zoning, Part
2, Planned Residential Development;
(2)
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
(3)
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 roads, lanes, common areas,
leaseholds, condominiums, building groups or other features.
B.
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 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 residential
dwellings, shall be exempted.
UNDISTURBED OPEN SPACE
Common open space which does not include incidental recreational
facilities or grading or other disturbances incidental to facilities
outside the undisturbed open space area.
WATERCOURSE
Channel, creek, ditch, drain, dry run, spring or stream.