For purposes of these regulations, certain terms
or words used herein are defined as follows:
A.Â
The word "person" or "developer" includes a firm,
association, organization, partnership, trust, company or corporation
as well as an individual.
B.Â
The present tense includes the future tense.
C.Â
The singular number includes the plural and the plural
number includes the singular.
D.Â
The word "shall" is mandatory; the word "may" is permissive.
E.Â
Words generally found in legal terminology not otherwise
defined in this article shall be considered to have meanings in this
chapter similar to their generally held definition in a court of law.
For the purposes of this chapter, the following
terms shall have the specific meanings indicated:
Any building used exclusively for storage that will not be
intended for human occupancy of the structure, which is on the same
lot with and is subordinate to and customarily incidental to the principal
use of the lot.
[Added 10-20-1997 by Ord. No. 760]
The vertical or horizontal line described by bearings, angles
and distances to which a street, road or utility adheres in its passage
across, over or under the land surface.
A private right-of-way not less than 30 feet in width which
provides secondary access to a property or properties and which is
not the only means of access for any property.
A change in these regulations, including addition of new requirements, revision of existing requirements or deletion of obsolete requirements adopted in accordance with the procedures specified in Article VIII of this chapter and Act 247, Pennsylvania Municipalities Planning Code, as amended (53 P.S. § 10101 et seq.).
Surety in a form approved by the Township after recommendation
by the Township Solicitor, including but not limited to cash, a certified
check, an irrevocable letter of credit or a labor and material payment
bond which guarantees the satisfactory completion of improvements
which are not to be dedicated to the public, but which improvements
are required by this chapter or as a condition of the approval of
an application submitted under this chapter.
A landowner or developer who has filed a completed application
for a subdivision or land development, including his or her heirs,
successors and assigns.
A complete and properly filed formal request, in writing,
by a person or developer for consideration of a proposal to develop
land in accordance with the requirements of these regulations.
An area of land, generally in a plan of lots, or a parcel
or tract bounded by streets, or a combination of streets and public
lands, railroad rights-of-way, waterways, municipal boundaries or
any other barrier to the continuity of development.
A line that demarcates the geographic limits of a municipality,
development plan, zoning district or other land area.
Any man-made structure having a roof and walls which are
continuous from ground to roof placed upon the land for any purpose.
A document issued by the Township attesting that a proposal
for construction of a structure meets all requirements of these regulations
and other applicable development ordinances in force and allowing
such proposed construction to commence.
The area, usually hard surfaced, within a vehicular right-of-way
for passage of vehicles, excluding curbs or berms.
Unless indicated specifically as the County Planning Commission,
the term refers to the Township Planning Commission.
A document based on study and analysis of past trends in
the Township, projecting future change, recommending measures to cope
with such change and representing the official policy of the Township
towards physical change.
The combination of two or more lots, tracts or parcels of
land for the purpose of development or sale or lease of a building
or lot.
An imaginary line connecting all points with the same elevation
above or below a fixed base point whose elevation is known.
A property that abuts two adjacent streets that intersect
at one corner of the lot.
An agreement legally binding successor owners of a property
to certain conditions regarding use of the property stipulated by
the original owner.
A drawing showing the relation of component parts as if the
object being examined had been cut through; usually a cut-through
of a road or utility at right angles to its length revealing materials
and dimensions of components of construction.
A street with connection to other streets at only one end
and having a permanent vehicular turnaround at the closed end.
A rounded change of direction of an alignment that can be
described by bearings, angles and distances; a sag curve describes
the lowest point in a vertical alignment and a crest curve the highest
point.
An excavation into earth material that has lain dormant for
at least two years.
Final adjudication of any board or other body granted jurisdiction
under this chapter, or the Pennsylvania Municipalities Planning Code,[1] to do so, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations. All decisions shall be
appealable to the Court of Common Pleas of Butler County.
[Added 12-21-2009 by Ord. No. 846]
The designation of property, formerly privately owned, for
public purposes, such designation stipulated in writing by the private
owner and accepted by the public body.
A measure of the intensity of the use of the land, usually
measured by the number of dwelling units per gross acre of land.
[Added 12-21-2009 by Ord. No. 846]
Any landowner, agent of such landowner or tenant with the
permission of such landowner who undertakes a subdivision or land
development in accordance with these regulations with approval of
the Board of Commissioners.
A lot that abuts two streets that do not intersect adjacent
to the lot.
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.
A building designed exclusively for residential purposes
for one or more families on a permanent basis.
A right-of-way granted across private property generally
for public utility lines or storm drainage or for access to another
property beyond, passage over which is guaranteed by the grantor to
those using the easement.
A professional engineer licensed as such in the commonwealth.
The use of the word "engineer" in this chapter shall not exclude the
practice of topographic surveying as provided for in state law.
The process of breaking down and carrying away of exposed
ground surfaces by action of wind, water and temperature change.
The required charge established, from time to time, by resolution
of the Board of Commissioners to defray the cost of processing an
application submitted for approval under the terms of this chapter
and which shall be payable to the Township at the time an application
is filed.
Earth material excavated elsewhere and deposited upon the
ground surface in the process of grading, or the excavation of earth
that has lain dormant less than two years.
The written and graphic materials specified by this chapter
to be submitted to the Township in order to obtain final approval
of a proposed subdivision or land development plan.
The map or plan of a proposed subdivision or land development
containing all the information required by this chapter for final
plat approval and in a form acceptable for recording in the office
of the Butler County Recorder of Deeds.
An imaginary line parallel to the street right-of-way line extending across a property between side lot lines a minimum distance from the right-of-way line prescribed by Chapter 300, Zoning, which describes the limit of construction on the property relative to the street.
The Butler Township Board of Commissioners.
The total area within the site of a subdivision, land development
or mobile home park plan, including internal streets and other public
or semipublic land areas recorded in the plan.
A right-of-way, established in certain plans of lots approved
prior to adoption of this chapter, running parallel to and abutting
the plan boundary and recorded as one-half the width required for
a public street on the presumption that developers of the abutting
tract of land will provide the other half width to create a street
of the required width.
A condition, often chronic, caused by the impermeability
of the soil, poor drainage characteristics or unusually heavy precipitation
that brings the level of water in the ground close to the surface.
A number assigned to a lot in a subdivision, so that all
the lots in a plan presented for preliminary approval are numbered
consecutively and in order beginning with one, such numbers to be
retained through recording of the plan.
Surety, in a form approved by the Township after recommendation
by the Township Solicitor, including but not limited to: cash, a certified
check, an irrevocable letter of credit or a labor and material payment
bond from an approved surety company which guarantees the satisfactory
completion of improvements required by this chapter to be dedicated
to the public.
Physical man-made changes to a property needed to prepare
the property to receive the uses proposed for it.
The Township Engineer or his or any other authorized representative
assigned by the Board of Commissioners to make any or all necessary
inspections of the work performed and materials furnished by the developer
or the contractors selected to install the improvements required by
this chapter.
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; 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, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Developments authorized to be excluded from the regulation of land development by § 252-6 of this chapter.
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 of density
of development; streets, ways and parking facilities; common open
space and public facilities. 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 persons having a proprietary interest in land, shall be deemed
to be a landowner for the purpose of this chapter.
A tract of land in a plan of subdivision recorded in compliance
with the regulations of this chapter or recorded legally prior to
the adoption of this chapter, intended to be used as a unit for development
or transfer of ownership.
A number assigned to a lot in a subdivision, so that all
the lots in a plan presented for preliminary approval are numbered
consecutively and in order beginning with one, such numbers to be
retained through recording of the plan.
The distance between the side lot lines measured along the
front building line of a lot.
Surety, in a form approved by the Township after recommendation
by the Township Solicitor, including but not limited to: cash, a certified
check, an irrevocable letter of credit or a labor and material bond
from an approved surety company which guarantees the repair of maintenance
of any improvements required by this chapter for a specified period
after their completion and approval or acceptance by the Township.
A permanent indication, established by a registered surveyor,
of specified points in a subdivision or land development, in accordance
with these regulations.
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.
The expansion of or addition to a nonresidential use and
structure in combination, not involving a subdivision, and not exceeding
1,000 square feet, no extension of existing public or private streets
or roads, the introduction of new public utility lines, the expansion
of parking areas, no new exterior freestanding lighting fixtures or
an increased impact on stormwater management facilities.
[Added 12-21-2009 by Ord. No. 846]
A transportable single-family dwelling intended for permanent
occupancy by one family after being towed on its own chassis in one
section arriving ready for use except for minor assembly and connecting
operations, and containing its own toilet, bathing, cooking and food
storage facilities; said unit having an overall width of 14 feet or
less.
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 of or contiguous parcels of land under single ownership
which has been so designated and improved that it contains two or
more mobile home lots for the placement thereon of mobile homes.
A deviation from the regulations of this chapter granted
by the Board of Commissioners upon recommendation by the Planning
Commission in accordance with the criteria established by this chapter.
A permanent indication, established by a registered surveyor,
of points in the boundary of a subdivision or land development plan,
or at points of intersection or changes of direction in street rights-of-way
within the plan.
A residential structure designed to accommodate more than
two families, with access to the outside via common halls, stairways
and, where approved, elevators.
The Township of Butler, Butler County, Pennsylvania.
All references to "ordinance" or "this chapter" refer to
the Township of Butler Subdivision and Land Development Ordinance.
The individual or corporation whose name appears on the records
of the County Recorder of Deeds as the current owner of a property.
The map or plan of a subdivision or land development, whether
preliminary or final. (See also "preliminary plat" and "final plat.")
The written and graphic material specified by this chapter
to be submitted to the Township in order to obtain preliminary approval
of a proposed subdivision or land development.
The map or plan of a proposed subdivision or land development
which contains all of the information required by this chapter for
approval of a preliminary plat.
An access to a second property over the property from which
the second property was subdivided, approved in accordance with the
requirements of these regulations.
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.
[Added 12-21-2009 by Ord. No. 846]
A drawing following the center line of a street or utility
line indicating the vertical alignment of the street or utility line,
the vertical dimension often exaggerated to clarify the relation between
horizontal and vertical measurements.
An area or tract of land, all portions of which are in the
same ownership and the boundary of which closes on itself; also a
parcel.
A formal meeting held pursuant to public notice by the Board
of Commissioners or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
All improvements, including but not limited to: roads, streets,
gutters, curbs, sewers and other facilities to be dedicated to and
officially adopted by the Township for which plans and specifications
must comply with the standards of this chapter.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[2]
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 not be more then 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A right-of-way dedicated for and open to public use which
may or may not have been accepted for maintenance by the Township.
The act of registering with the County Recorder of Deeds
a subdivision or land development plan which has received final approval
by the Township.
A lot whose frontage is at right angles or nearly so to the
other lots in the vicinity, typified by corner lots or lots fronting
on the end rather than the side of a rectangular or curvilinear block.
A strip of land which has been dedicated for public use and
provides access to private property abutting it, connecting with other
rights-of-way to form a vehicular and pedestrian circulation pattern;
or an easement across private property for the passage of public utilities,
the disposal of stormwater, or access to private property as a private
lane.
A community facility or use generally open to the public,
often with constraints, but not publicly owned or controlled.
Imaginary lines describing the boundary of the area on a property within which construction can occur, the lines being parallel with the front, side and rear property boundaries and set back from them a distance prescribed by Chapter 300, Zoning.
The distance that an automobile driver can see ahead and/or
to either side unobstructed by changes in alignment or roadside structures
or topography, as required by the latest edition of the American Association
of State Highway and Transportation Officials (AASHTO) Manual.
The division or redivision of a single lot, tract or parcel
of land into no more than three contiguous lots, tracts or parcels
all of which abut a public street in existence prior to the presentation
of the subdivision, each lot with the required frontage thereon; and
further, no extension of public sewer or water lines is required to
serve any or all of the proposed lots, tracts or parcels.
A procedure for measuring the ability of soil to absorb moisture
as an indication of problems that will occur in connection with on-lot
sewage disposal, conducted by the Township Sewage Enforcement Officer.
A way designed for circulation of vehicular traffic, whether
designated as a street, highway, throughway, thoroughfare, parkway,
boulevard, road, avenue, lane, place or the like.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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 devises, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels or more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
Traffic that is passing through an area because there is
no more feasible way for it to move between its origin and destination.
A map delineating by contours the surface elevations of a
land area.
Township of Butler, Butler County, Pennsylvania.
A natural or man-made drainageway, which has a definite channel
and flows in a definite direction, whether continuously or intermittently,
including streams, rivers, creeks, channels, conduits, canals, drains,
gullies, ravines and the like and which is certified by a registered
surveyor or engineer as being a natural watercourse.
Document adopted by the Township establishing zone districts
throughout the municipality, specifying uses permitted as well as
other regulations in each district, and the means to administer and
enforce these regulations.
