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 when approved as a variance.
Unless otherwise expressly stated, the following words or phrases
shall, for the purpose of this chapter, have the meaning herein indicated
and shall be literally applied by Brady Township staff, members of
the Planning Commission, Zoning Hearing Board, consultants and by
the Board of Supervisors.
A structure, located on the same lot with the principal use
or structure, that is subordinate and incidental to the principal
structure or use of the property and that may occupy a separate structure
and/or area on or in the ground, including but not limited to storage
buildings or other storage structures, off-street parking, garages,
swimming pools, detached decks, fences and similar structures.
A public thoroughfare which affords only a secondary means
of access to abutting property and is not intended for general traffic
circulation.
A tract of land or an area used principally as the location
for permanent amusement structure or rides.
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 building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
See "street classifications."
Plans, profiles, cross-sections and construction details
for the required public improvements in a plan 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.
A municipal sanitary sewer is considered available if:
Connection is recommended and/or required by the regulations
of Brady Township or any Authority incorporated by the Township;
Connection is recommended and/or required by the regulations
of the Pennsylvania Department of Environmental Protection pursuant
to the Pennsylvania Sewage Facilities Act;[1] or
An existing municipal sewer line, with sufficient capacity,
is located within 1,000 feet of the nearest point of a subdivision
or land development.
An area bounded by streets.
The Board of Supervisors of Brady Township, Butler County,
Pennsylvania.
A roofed structure enclosed by walls used for the shelter,
enclosure or protection of persons, goods, materials, vehicle, equipment
or animals. (See also "structure.")
The area of the lot, expressed in square feet, which is covered
by the ground floor of a building, measured between exterior faces
of the walls of the building.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps or patios.
An imaginary line located on the lot at a fixed distance from the street right-of-way line as required by Chapter 350, Zoning, interpreted as being the nearest point that building may be constructed to the street right-of-way. The building line shall limit the location of porches, patios and similar construction, steps excepted, to the face of this line.
That portion of the street right-of-way surfaced 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.
The triangular area formed by two intersecting street center
lines and a line interconnecting points established on each center
line, 75 feet from their point of intersection. This entire area is
to remain clear of obstructions to sight above a plane established
3 1/2 feet in elevation from grade level at the intersection
of the street center line.
See "street classifications."
The combination of two or more lots, tracts or parcels of
land for the purpose of a land development. For purposes of this chapter,
a consolidation shall be considered a subdivision.
A document entitled, "Brady Township Construction Standards
and Specifications" prepared by the Township Engineer, adopted and
amended from time to time by resolution of the Board of Supervisors
upon recommendation of the Township Engineer, copies of which are
on file in the office of the Township Secretary or his/her authorized
designee.
A line which joins all points of equal elevation on the ground.
A lot at the point of intersection of and abutting on two
or more intersecting streets or other public spaces, the angle of
intersection being not more than 135°.
The Butler County Planning Commission.
A private obligation defined by law or agreement, usually
stated in a deed and enforceable by the parties subject to it, the
violation of which can be restrained by court action. Private covenants
are not enforceable by the Township.
A street or road with one end open to traffic and pedestrian
access and permanently terminated at the other end by a vehicular
turnaround. A cul-de sac is the vehicular turnaround at the end of
a cul-de-sac street.
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.
An improved vehicular access facility serving two or more
parcels or lots which may be under separate or common ownership which
connects the parcels and provides access to a public street.
An improved vehicular access facility serving only one parcel
or lot which connects and provides access to a public street but which
does not provide access to any other lot or parcel under separate
ownership.
A grant or dedication to the general public, a corporation
or a certain person, by a property owner or developer of a right-of-way
or parcel of land for a specific purpose or use.
A point or series of points (see "contours") which are a
known vertical distance above or below a predetermined elevation datum.
All elevations used shall be based on United State Geological Survey
Datum.
See "Township Engineer."
The required charge, payable to the Township, established
from time to time by resolution of the Board of Supervisors collected
to defray the costs of processing an application, reviewing an application
or inspecting the installation of public improvements pursuant to
this chapter.
A land area adjoining a river, stream, water body, or watercourse
which may periodically flood as established by the United States Federal
Emergency Management Agency and mapping issued by the Federal Insurance
Administration (FIA).
An organization of property owners of lots in individual
residential developments responsible for the maintenance of common
open space in each plan and the payment of taxes on that land classified
as commonly owned open space.
Surety, in a form acceptable to the Township, in the form
of cash, a certified check, a letter of credit, a corporate performance
bond or a labor and material payment bond from a surety company licensed
to do business in the Commonwealth of Pennsylvania and approved by
the Township Solicitor which guarantees the satisfactory completion
of the public improvements required by this chapter.
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including but not limited to:
grading, paving, curb, gutter, stormwater sewers, individual sanitary
sewage system, improvements to existing watercourses, sidewalks, crosswalks,
street signs, monuments, water supply and water distribution systems
and facilities, sanitary sewers, sanitary sewerage collection systems
and sanitary sewage treatment plant facilities.
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.
All grading, paving, curbs, streets, walkways, gutters, stormwater
management facilities, sewers and other facilities to be dedicated
to or maintained by the Township for which plans and specifications
must comply with the Construction Standards of the Township.
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.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street. Such right-of-way
shall have a minimum width of 10 feet.
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
tenants; 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,
leasehold, condominiums, building groups or other features.
A subdivision of land.
Developments excluded from this definition are:
A single-family dwelling on an individual lot;
A two-family dwelling on an individual lot;
Conversion of a single-family dwelling into no more than three
dwelling units, unless intended as a condominium;
Additions of accessory buildings, including farm buildings,
on lots where a principal structure exists; and
Additions of buildings or rides within the confines of an existing
amusement park.
A plan which encompasses a proposed land development, which,
in addition to a plat of subdivision, if required, includes: all covenants
relating to the use of the land; the proposed use, location and bulk
of buildings and other structures; the intensity of use or density
of development; public improvements; private improvements and common
open space. The land development plan shall include all of the written
and graphic information required by 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 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.
A designated tract, parcel or area of land established by
a plat for ownership, development, use or improvement, whether immediate
or future.
The area of a horizontal plane measured at grade and bounded
by the front, side and rear lot lines.
The average horizontal distance between the front and rear
lot lines.
The lines bounding a lot as defined herein.
Any lot which is contained in a plan of subdivision duly
recorded in the Office of the Recorder of Deeds of Butler County.
The average horizontal distance across the lot between the
side lot lines, measured at the building line.
See "corner lot."
A tract parcel or area of land abutting and located to the rear or behind another tract, parcel or area of land and 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 of 25 feet for its total length and is for the express purpose of providing vehicular egress, ingress, and utility access to said tract, parcel or area of land. The area of the flag portion of the lot shall not be used in computing the minimum lot area required by Chapter 350, Zoning. Lot width at the building line shall comply with the requirements of Chapter 350, Zoning.
A lot other than a corner lot or reverse frontage lot.
Surety, in a form acceptable to the Township, in the form
of cash, a certified check, a letter of credit or corporate bond from
a surety company licensed to do business in the Commonwealth of Pennsylvania
and approved by the Township Solicitor which guarantees the repair
or maintenance of the improvements required by this chapter for a
specified period after their completion and acceptance by the Township.
Any land development which proposes the construction or addition
of more than 5,000 square feet of building footprint or more than
5,000 square feet of paving or a combination of building footprint
and paving that exceeds 5,000 square feet.
Any subdivision containing four or more lots or any subdivision,
containing less than four lots, that proposes the dedication and/or
construction of any public street or the extension or construction
of any other public improvements, including but not limited to storm
sewers or sanitary sewers.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Proposed development of no more than 5,000 square feet of
building footprint or no more than 5,000 square feet of paved area
or a combination of building footprint and paving that does not exceed
5,000 square feet.
A subdivision, resubdivision or re-platting containing no
more than three lots, all of which have frontage on an improved public
street, and not involving the dedication and/or construction of any
public street or the extension or construction of any other public
improvements, including but not limited to storm sewers or sanitary
sewers.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more 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,
and constructed so that it may be used without a permanent foundations.
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.
When the subdivider can show that a provision of this chapter
would cause unnecessary hardship if strictly adhered to and where
because of topographical or other conditions peculiar to the site,
and in the opinion of the Planning Commission a modification may be
made without destroying the intent of such provision, the Planning
Commission may recommend and the Board of Supervisors may authorize
relief from the strict application of this provision. Any relief thus
authorized shall be entered in the minutes of the Board of Supervisors
along with the reasons which justify the modification.
A permanent marker constructed of concrete or metal and placed
in the ground by survey, to establish the legal right-of-way line
of streets. Each monument shall be constructed and placed as specified
herein this chapter.
A sanitary sewage collection system approved by the Township
in which sewage is carried from individual lots or dwelling units
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 approved by the Township
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 serviced, which may be publicly or privately
owned and operated. Applicants for subdivision and land development
approval shall be required to connect to a public water distribution
system unless lots are to be served by private wells.
A single system of piping, tanks or other facilities approved
by the Township serving only a single lot and disposing of sewage
in whole or in part into the soil.
A single system of piping, tanks or other facilities serving
only a single lot and obtaining the water either in whole or in part
from a primary source located within the limits of the lot being served.
An unoccupied space open to the sky on the same lot with
the building or on the same tract of land upon which building lots
are recorded.
All references to "ordinance" or "this chapter" refer to
the Brady Township Subdivision and Land Development Ordinance.
See "landowner."
An area of land, other than a lot of record, which is described
in a deed or legal instrument pursuant to the laws of the Commonwealth
of Pennsylvania and which is intended to be used as a unit for development
or transfer of ownership.
An off-street space having dimensions of 10 feet in width
and 20 feet in depth and an area of not less than 200 square feet,
whether inside or outside of a structure, for the temporary standing
of an automotive vehicle to be used exclusively as a parking stall
for one automotive vehicle plus 150 square feet for each parking space
used exclusively for turning and access to the parking space.
An outside surfaced area having no roof and no more than
three sides walled or fenced.
Pennsylvania Department of Transportation Publication 408,
latest publications and bulletins.
The duly constituted Planning Commission of Brady Township,
Butler County, Pennsylvania.
A complete and exact subdivision plat, prepared for official
recording as required by statue, to define property rights and proposed
streets and other improvements.
A tentative subdivision plat, in lesser detail than a final
plat, showing approximate locations of proposed streets and lot layouts
on a topographic map as a basis for consideration prior to preparation
of a final plat.
An attachment to the exterior of a principal residential
use or structure primarily used for private recreation. This attachment
is considered a part of the principal structure for the purpose of
determining a minimum setback.
See "improvements, private."
Persons who provide expert or professional advice, including
but not limited to architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
A formal meeting open to the general public held pursuant
to "public notice" by the governing body or planning agency, intended
to inform and obtain public comment, prior to taking action in accordance
with this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
See "improvements, public."
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq. (October 15, 1998, P.L. 729, No.
93).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The required open space extending from the rear of the main building to the rear lot line (not necessarily a street line) throughout the entire width of the lot as defined and required in Chapter 350, Zoning.
A strip of land adjacent to a street intended to control
access to the street from an adjacent property.
Any existing dwelling or any lot proposed for a dwelling type authorized by Chapter 350, Zoning, including single-family dwellings, two-family dwellings (duplexes) and multifamily dwellings.
The revision of lot lines, rights-of-way or any other aspect
of a plat of subdivision previously recorded in the office of the
Butler County Recorder of Deeds.
A lot extending between and having frontage on a major traffic
street and a local street, and with vehicular access solely from the
latter.
Land reserved for use as a street, alley, interior walk,
or other public purpose.
The required open space extending from the side of any building along the side lot line throughout the entire depth of the building as defined and required in Chapter 350, Zoning.
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 0.50 feet.
The following street classifications shall apply to streets
in Brady Township and shall be applied as defined in the Moraine Area
Comprehensive Plan, June 1970.
EXPRESSWAYThis class of highway facility is devoted entirely to the task of moving large volumes of traffic, and performs little or no land services function. It is generally characterized by some degree of access control. Normally, this classification should be reserved for multi-lane, divided roadways with few, if any, grade intersection.
ARTERIALArterials accommodate intercommunity traffic flow and afford connections to other communities or secondary regional traffic generators with direct access to adjoining property being a secondary function. The average length of trip of such highway normally exceeds three miles.
COLLECTORThese roads serve to funnel traffic onto arterials and to provide linkage on an intercommunity basis. Providing access to properties abutting a collector street is likewise a secondary function. The primary function of a collector street is to accept the traffic generated on local streets with which they may be interlinked.
LOCALSuch roadways are intended primarily to serve properties fronting on their right-of-way. These roads generally do not carry major traffic volumes since their function is to serve that traffic generated from the residential properties.
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 which provides access
to three or more lots or parcels which do not have access to a public
street shall be considered as access to a public street. (See also
"driveway, private and "driveway, common.")
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.
See "developer."
The division or redivision of a lot, tract or parcel of land
by any means, including partition by a court among heirs 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 land for agricultural
purposes into parcels of more than 10 acres not involving any new
street or easement of access, shall be exempted.
When, 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 § 295-900 of 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.
A plan prepared by a registered surveyor indicating the precise
metes and bounds of a lot or parcel, showing all easements and rights-of-way
of record and all other existing conditions which represent encumbrances
or restrictions on the use of the property.
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
A map showing ground elevations by contour lines and the
location of important, natural and man-made features.
Brady Township, Butler County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for Brady Township
or its Planning Commission.
All existing channels, creeks, ditches, drains, dry runs,
springs and streams, also all proposed channels, ditches, drains and
drainage facilities.
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 conditions as defined
and regulated by the U.S. Environmental Protection Agency (EPA), U.S.
Army Corps of Engineers (COE), and the Pennsylvania Department of
Environmental Protection (DEP).
A legal and administrative process whereby a municipality
divides its territory into districts and applies to each district
a number of regulations to control the use of land, the height and
bulk of buildings, and the area of ground built upon.
The individual authorized by Brady Township to be the administrator of the daily application of the provisions contained in this chapter and Chapter 350, Zoning.
The officially adopted Zoning Ordinance of Brady Township
and all subsequent amendments thereto.[2]
