Township of Cranberry, PA
Butler County
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[Ord. 96-266, 5/2/1996]
Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word "person" includes a corporation and unincorporated association. The word "shall" is mandatory.
[Ord. 96-266, 5/2/1996; as amended by Ord. 99-299, 11/23/1999, § 1; by Ord. 2004-349, 6/3/2004, § 1; and by Ord. 2005-362, 12/15/2005]
As used in this chapter, the following terms shall have the meanings indicated, unless otherwise specifically stated:
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
The application for development for subdivision or land development submitted under §§ 22-305 and 22-404 of this chapter.
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 zoning permit, for the approval of a subdivision plan or for the approval of a development plan. Every application for development must include the form designated by the Township and all other plans and information required by this Code.
The application for development submitted in compliance with §§ 22-304 and 22-403 of this chapter.
An architect registered by the Commonwealth of Pennsylvania.
The area of a lot measured on a horizontal plane bounded by the front, side and rear lot lines of the lot.
The lot area less any portions of the lot located in identified floodplain areas, or wetlands.
The site area less any portions of the site located in environmentally sensitive areas, those areas designated for nonresidential uses including, but not limited to, limited neighborhood commercial areas and common open space, and those areas consisting of streets and utilities.
The total area of the lot or lots comprising a site.
Plans shall include profiles, cross-sections, and construction details.
Any area of the building having its floor below ground level on all sides.
A structure having a roof supported by columns, piers or walls for the shelter of persons, animals, or other property. When separated by walls which are common with the walls of adjoining buildings, each portion of such structure shall be considered a separate building.
A line extending across a lot, establishing the minimum open space to be provided between the front line of buildings and the front lot line.
Caliper of a tree trunk is a diameter measurement taken six inches above the ground for trees up to and including four-inch caliper size and 12 inches above the ground for larger sizes. Caliper of trees is a standard measurement used in the grading of nursery stock.
Large shade tree with deciduous foliage (leaves lasting only one growing season, bare in winter) generally reaching at least 40 feet in height at maturity.
Paved area of right-of-way exclusive of curb structure.
An area of unobstructed vision at street intersection, defined by lines of sight between points at a given distance from the intersection of street lines.
A concept of design and site planning in which several houses are grouped together on a tract of land. Each cluster of houses is set off from others by an intervening space, often held for the common enjoyment of the neighboring residents or the community at large and which helps give visual definition to each individual group.
The Code of Ordinances for the Township of Cranberry as adopted by the Board of Supervisors by Ord. 2005-362, 12/15/2005, and as may be subsequently amended by the Board of Supervisors. The Code of Ordinances of Cranberry Township contains all Township ordinances of a general and permanent nature as is more fully described in Chapter 1, Part 1, of this Code.
Cranberry Township Planning Advisory Commission, Cranberry Township, Butler County, Pennsylvania.[1]
That area in a subdivision or planned residential development, including common open space, owned or leased and maintained by an association or other combination of persons for the benefit of the residents of the planned residential development and, if owned under the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., including all common elements designated for the use of all dwelling unit owners.
A parcel or parcels of land or 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 lots, areas set aside for public facilities, and stormwater detention basins unless designed and constructed as a wet basin or a naturalized basin as provided in the Township Public and Private Improvements Code. Common open space includes usable common open space and passive common open space.
The Comprehensive Development Plan of Cranberry Township indicating the general locations recommended for circulation facilities, community improvements and land uses.
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
The County of Butler, Commonwealth of Pennsylvania.
A public right-of-way which crosses a block to furnish access by pedestrians to adjacent streets or properties.
A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
Any structure not classified as a bridge, which provides an opening under the roadway.
A stormwater facility that collects and temporarily stores surface runoff and releases it at a controlled rate. Detention basins maybe classified into the following categories:
DRY BASIN — A detention basin designed to completely drain following a storm event. (see Chapter 17)
NATURALIZED BASIN — A detention basin designed to completely drain following a storm event and which blends into the surrounding environment by being curvilinear in shape and using native plants to provide soil stabilization. (see Chapter 17)
UNDERGROUND BASIN — Detention storage located in underground tanks or vaults designed to provide water quantity control through detention of stormwater runoff.
WET POND — A basin that has a permanent pool of water throughout the year.
WET POND — Also may be called a "wet basin" or "retention pond." (See Chapter 17.)
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.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.
The provisions for development, including a planned residential 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.
All drawings, cross sections, applicable standard drawings or reproductions thereof pertaining to the construction of the project.
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.
One or more living or sleeping rooms with cooking and sanitary facilities for one person or one family.
A grant or dedication to the public, a municipality, a corporation, a person, or a grantee by a property owner/developer or grantor of a right-of-way or parcel of land for a specific purpose, right, interest, benefit, or usage.
A point or series of points (contours) which are a common distance above sea level or some other alternative point of reference which has a predetermined elevation. In terms of regulations, only the United States Geological Survey shall be utilized unless otherwise approved by the Township Engineer.
A professional engineer registered by the Commonwealth of Pennsylvania.
An assessment of the impact of a use on the (1) natural environment, i.e., geology, topography, soils, hydrology, vegetation, wildlife, wetlands, and air quality; and (2) the cultural environment, i.e., lot use, utilities, traffic, population, economics, services, historic assets, and general character of the neighborhood. The assessment of traffic impact must include a complete traffic analysis prepared and sealed by a professional traffic engineer identifying the impact of the proposed development on existing traffic and circulation patterns and proposing solutions to problems which may arise as a consequence of the proposed development.
An area with one or more of the following environmental characteristics:
Slopes over 25%.
Identified floodplain area.
Surety, in a form acceptable to the Township Solicitor, in the form of cash, a certified check or irrevocable letter of credit and restrictive or escrow account or set-aside agreement from a federal- or commonwealth-chartered lending institution, or a corporate performance bond or a labor-and-material payment bond from a surety company authorized to conduct business in the commonwealth, which may be classified as the following:
A financial security which guarantees the satisfactory completion of improvements required by this chapter.
A financial security which guarantees the structural functioning and integrity of improvements required by this chapter for a specified period after their completion and acceptance by the Township.
A temporary inundation of normally dry land areas.
The Flood Insurance Study prepared for the Township by the Federal Emergency Management Agency, Federal Insurance Administration, dated April 1, 1982, and all accompanying maps, which include flood profiles and the water surface elevation of the base flood, as may be amended.
[Amended by Ord. 2015-454, 5/6/2015]
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
Relatively flat or low land area(s) which is/are subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
[Amended by Ord. 2014-454, 5/6/2015]
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
[Amended by Ord. 2014-454, 5/6/2015]
One side of a street divided longitudinally by a property line.
A number assigned to a specific lot or parcel to be used as an address.
The floodplain area specifically identified in the Floodplain Ordinance, Ord. 124, 3/25/1982, as amended, and the Zoning Ordinance [Chapter 27] as being inundated by the one-hundred-year flood. Included would be areas identified as Floodway (FW), Floodfringe (FF) and General Floodplain (FA).
An authorized representative of the Supervisors assigned to make any or all inspections of the work performed and materials furnished by the developer.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purposes 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.
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 landscape architect registered by the Commonwealth of Pennsylvania.
A qualitative measure describing operational conditions within a traffic stream; generally described in terms of such factors as speed, freedom to maneuver, traffic interruptions, comfort, convenience, and safety. Levels of service are designated "A" through "F," with LOS "A" indicating the best service and LOS "F" indicating the worst.
A line which separates a lot from another lot or from a street or any other public or private space.
A line parallel to a lot line, at a distance from the lot line in accordance with the yard, perimeter, or setback requirements of the Zoning Ordinance [Chapter 27].
A designated parcel, tract, or area of land established by a plat or otherwise permitted by law and to be used, developed, or built upon as a unit.
The mean horizontal distance between the front and rear lines of a lot.
A lot, the generally opposite ends of which both abut on streets.
The horizontal distance between side lot lines measured on the front yard setback line in accordance with the requirements of the Zoning Ordinance [Chapter 27].
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of the Zoning Ordinance [Chapter 27].
(See "financial security" definition.)
A mobile home as defined in the Zoning Ordinance [Chapter 27].
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.
A permanent marker constructed of concrete or metal placed in the ground to establish the location of the legal right-of-way of streets, easements, boundary lines and property corners. Each monument shall be constructed and placed as specified herein by this chapter.
The Pennsylvania Municipalities Planning Code, Act 247 of 1228, 53 P.S. 10101 et seq., and as it may be amended.
Pennsylvania Department of Transportation.
The preliminary map or maps of a proposed subdivision, drawn and submitted in accordance with the requirements of this chapter.
The outline representation of a proposed subdivision.
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, 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, from time to time, under the provisions of the Zoning Ordinance [Chapter 27].
The map or plan of a subdivision or land development, whether preliminary or final, which has been approved.
See "subdivision" definition.
Any of the following improvements for which plans must comply with the minimum requirements of this chapter, the Public Improvements Code [Chapter 17], the Zoning Ordinance [Chapter 27] of the Code or with conditions of approval of a final plat, land development, site plan or conditional use: roads, streets, walkways, parking areas, gutters, curbs, waterlines, sewers, stormwater management facilities, landscaping or other facilities to be owned, maintained or operated by a private entity, such as an individual, corporation or homeowners' association, including temporary erosion and sedimentation control or stormwater management control methods undertaken during construction.
Owned, operated or controlled by a government agency, federal, state or local.
A formal meeting held pursuant to the public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the MPC, 53 P.S. § 10101 et seq.
All roads, streets, walkways, gutters, curbs, waterlines, sewers, stormwater management facilities, landscaping and other facilities to be dedicated to or maintained by the Township or a public entity for which plans and specifications must comply with the Public Improvements Code [Chapter 17].
The Chapter 17 of this Code, entitled "Public and Private Improvements Code."
A forum held pursuant to notice under the act of July 3, 1986, P.L. 388, No. 84, known as the "Sunshine Act," 65 Pa.C.S.A. § 701 et seq.
Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. 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 than 30 days and the second publication shall not be less that seven days from the date of the hearing.
Fees authorized by the MPC as amended and imposed by this chapter instead of the dedication of land for active recreational use and the construction of recreational facilities upon agreement with a developer.
An interest-bearing account established by the Township in accordance with the MPC, as amended, for the deposit of fees in lieu of dedication of recreation open space and recreation facilities.
That area of land suitable for the development of specific active recreation facilities for leisure time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields including, but not limited to, baseball fields, soccer fields, football fields, tennis, basketball and other court games, hockey facilities, multipurpose fields and community swimming pools and attendant facilities.
The Cranberry Township Recreation and Open Space Study prepared by Pashek Associates and adopted by the Supervisors on September 17, 1992, and amended February 23, 1995.
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination.
A parcel of land separating a street from adjacent properties.
The sale of commodities and service directly to consumers.
Land reserved or dedicated for use as a street, pedestrian way, or other means of public or private transportation; or for an electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, or other special use. A right-of-way includes the entire area reserved or dedicated for the use.
The Secretary of Cranberry Township.
A street which is generally parallel to a collector or arterial street which provides access to abutting residential or commercial properties and protection from through traffic.
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 0.5 foot above the pavement.
Land area where the inclination of the land's surface from the horizontal plane is 15% or greater. Slope is determined from on-site topographic surveys prepared with two-foot contour interval or topography taken from controlled aerial photography at two-foot contour intervals.
A public or private right-of-way deeded or dedicated for public use by vehicular traffic, including street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or other designation. A street shall also be classified by the adoption of street classifications or, in the absence of the adoption of such street classifications by the Supervisors, by determination by the Township Engineer, according to its type of use as follows:
A street which serves or is designed to serve heavy flows of traffic and which provides for traffic movements between communities and/or other heavy traffic generating areas.
A street which serves or is designed to serve moderate flows of traffic and which provides for traffic movements between arterial streets and local streets or between another collector street and local streets.
A street which serves or is designed to serve low flows of traffic and which provides primarily for access to abutting properties.
A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
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 provides access to several lots or parcels which do not have access to a public street and which require access to a public street, through a private street. (See also "driveway, private.")
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.
Any person who undertakes the subdivision of land as defined herein. The "subdivider" may be the owner or the authorized agent of the owner of the land to be subdivided.
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 or any residential dwelling, shall be exempted.
A subdivision limited to any of the following purposes:
Adjustment of lot lines between lots where no new lots are created.
Consolidation of lot lines.
Survey corrections including final survey corrections of property lines for townhouses and other attached dwellings after construction when in conformance with the previously recorded plan.
Where, 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 § 509 of the MPC, 53 P.S. § 10509) 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 Board of Supervisors of the Township.
A surveyor registered by the Commonwealth of Pennsylvania.
A map showing ground elevations by contour lines and the location of natural and man-made features upon the land.
The Township of Cranberry, Butler County, Pennsylvania, and its successors.
A duly registered professional engineer in the Commonwealth of Pennsylvania employed by the Township or engaged as a consultant thereto.
Shall include all existing and proposed rivers, streams, creeks, runs, rivulets, channels, ditches, drains and drainage facilities which may flow continuously or flow intermittently during periods of wet weather or rain.
Any area meeting the criteria of the appropriate state or federal agency to be a wetland.
Editor's Note: Amended at time of readoption of Code.