Borough of Zelienople, PA
Butler County
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Table of Contents
Table of Contents
A. 
All words used in this chapter shall carry their customary definitions except where specifically defined herein.
B. 
Words in the singular include the plural, and words in the plural include the singular.
C. 
The word "person" includes a corporation and unincorporated association, partnership or individual.
D. 
The words "shall" and "will" are mandatory unless otherwise indicated. The word "may" is permissive. Words used in the present tense include the future tense.
E. 
The word "lot" shall include the words "parcel" and "tract."
F. 
Words in the masculine gender shall include the feminine gender.
G. 
References to "this ordinance" or "this chapter" shall refer to the Borough of Zelienople Subdivision and Land Development Ordinance.
The following terms shall be interpreted as defined except where expressly defined otherwise:
ACCESS DRIVE
A private drive providing access between a public or private street and a parking area within a land development; any drive servicing a nonresidential land development; or any drive servicing two or more residential dwelling units.
ACCESSORY STRUCTURE
Any structure, excepting parking lots, that bears or houses a use incidental or supportive of a principal establishment within the same lot or planned group of nonresidential uses.
ADMINISTRATIVE LAND DEVELOPMENT
Land development applications submitted more than one calendar year after the date on which the initial occupancy certificate was issued by the Borough where said occupancy directly followed a land development approval on the respective lot or lots, and where:
A. 
Additions are 1,000 square feet or less or less than/equal to 10% of the principal structure shown on the most recent site plan approved by the Council, whichever is less. Where no such plan has been approved, said addition shall be limited to one administrative approval;
B. 
Accessory buildings not expressly exempt from site plan or land development requirements that are equal to or less than 10% of the principal structure, not excepting instances where additional accessory buildings were constructed or exist that were not approved by the Council through a standard approval process;
C. 
Expansion of parking that is 10% or less than the parking, inclusive of the surface area covered by all access drives and pavement, approved through the last site plan approved by the Council where no change is proposed in terms of site access and circulation. Where no site plan was previously approved, expansion of parking as an administrative approval is limited to one such approval; or
D. 
Revisions to the landscaping or lighting plan approved by the Council.
ADMINISTRATIVE SUBDIVISION
Subdivisions that shall be administered by the Plan Administrator with an informal review by the Planning Commission Chair and Council President, which conform to one of the following criteria:
A. 
The consolidation or combination of two or more lots of record.
B. 
A subdivision involving a lot line change between two existing lots that will result in only two lots, where all lots lie within the same zoning district, and where resulting lots conform to Zoning Ordinance[1] requirements in terms of minimum lot size and setbacks.
C. 
The subdivision of dwelling unit lots relating to a condominium arrangement or unit lots, the finalization of which relies upon as-built surveys and results in no material change, wherein the existing plan was granted final subdivision or land development approval under this chapter.
ADVISORY
A meeting, as requested by an individual who intends to act as an applicant for subdivision or land development, either with the Plan Administrator and applicable staff or with the Planning Commission at a publicly advertised meeting, wherein the Plan Administrator or the Commission offer verbal commentary on design principles and proposals presented by the potential applicant.
ALLEY
A service road that provides secondary means of through access to lots.
AMENITIES BONDS
Financial security required by this chapter for private improvements.
APPLICANT
An individual bearing a proprietary interest in a particular site who makes formal application for a subdivision or land development in accordance with this chapter.
APPROVAL WITH CONDITIONS
An approval granted with conditions found by Council to represent the minimal conditions necessary and reasonable to ensure the objectives and standards of this chapter are met in the approval of the related plan, as accepted by the applicant in accordance with this chapter.
AVERAGE DAILY TRAFFIC (ADT)
Traffic volume calculated in accordance with the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual.
BUILDING
A structure having a roof intended for the support, enclosure, shelter or protection of persons, animals or property; or a combination of materials to form a permanent structure having walls and a roof, including all manufactured homes and trailers to be used for human habitation, storage, or commercial use, whether defined as accessory or principal structures.
BUTLER COUNTY PLANNING COMMISSION
The designated planning agency of Butler County.
CAMPING TRAILER
A vehicular portable structure built on a chassis used as a temporary dwelling for travel, recreational and vacation uses.
CLEAR SIGHT TRIANGLE
Measured along the center lines of the intersecting streets, where L equals the distance along the center line of the primary through street measured from its intersection with the center line of the secondary intersecting street to an approaching vehicle on the primary street and, on the secondary intersecting street, from a point at least 20 feet back from the edge of the pavement of the primary through street, which is 3.5 feet above the surface of the pavement.
COUNCIL
The Council of Zelienople Borough, Butler County, Pennsylvania.
DEEMED APPROVAL
An approval automatically given where Council fails to meet specified timelines, absent a waiver from the applicant, as stated herein.
DRIVEWAY
A private drive providing access between a public or private street or access drive and the parking area for a single residential dwelling unit.
DUPLEX
A use where two dwelling units are contained in and constitute the sole principal uses of one building and which are arranged such that the uses possess separate exterior entrances and where the stories occupied are arranged adjacent to and not above or below the other dwelling unit.
ENVIRONMENTALLY SENSITIVE AREAS
Areas of steep slopes, wetlands, and floodplains.
FARM BUILDING
Any structure which houses or is used in connection with and as an accessory to an agricultural operation and where no access to the general public is permitted in connection with a retail or service-related business.
FLAG LOT
Any lot approved pursuant to the standards of the Zoning Ordinance, the sole access of which is provided by a strip of land under the same fee simple ownership as the remainder of the lot, where the strip of land accessed provides less than the required street frontage in the district in which the lot is situated.
GEOTECHNICAL REPORT
A report prepared by a qualified engineer demonstrating the stability of soils, mining overburden, slopes, and other applicable areas, and the minimum measures necessary to demonstrate long-term stability and integrity of proposed buildings or paved areas constructed thereon.
JURISDICTIONAL WETLANDS
Any area defined as a wetland by the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
LAND DEVELOPMENT
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; 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.
LOT(S) OF RECORD
A lot separately designated as a lot, tract, parcel or otherwise on a plat of subdivision duly recorded pursuant to statute or referred to in a deed or described by metes and bounds in a deed recorded in the office of the Recorder of Deeds of Butler County.
MAJOR LAND DEVELOPMENT
Any land development which proposes the improvement of a lot comprised of 1,500 or more square feet of lot coverage by building or structure, 1,500 or more square feet of paving, or a combination of lot coverage by building or structure and paving that equals or exceeds 1,500 square feet, excepting administrative and revised land developments.
MAJOR PLANS
"Major land developments" and "major subdivisions," as defined herein.
MAJOR SUBDIVISIONS
Any proposed subdivision bearing more than five lots or that which proposes the construction of a street intended to provide primary access to any one of said lots, excepting administrative subdivisions.
MATERIAL CHANGE
A proposed movement of lot line location where:
A. 
The areas of any respective lot change by more than 10%; or
B. 
The movement results in or maintains a nonconformity or violation of the Zoning Ordinance, namely in terms of setbacks and lot area.
MINOR LAND DEVELOPMENT
Any land development which proposes the improvement of a lot comprised of less than 1,500 square feet of lot coverage by building or structure, or less than 1,500 square feet of paving, or a combination of lot coverage by building or structure and paving which totals less than 1,500 square feet, excepting administrative and revised land developments.
MINOR PLAN
"Minor land developments" and "minor subdivisions," as defined herein.
MINOR SUBDIVISION
Any proposed subdivision bearing less than or five lots which does not propose the construction of a street intended to provide primary access to any one of said lots, excepting administrative subdivisions.
MOBILE HOME
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 foundation; and for the purposes of this chapter, shall include a camping trailer.
MOBILE HOME PARK
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.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
MPC
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988, and as subsequently amended, 53 P.S. § 10101 et seq.
MULTIFAMILY
Any arrangement of attached dwelling units, excepting duplexes.
OFFICIAL MAP
A map adopted by Council pursuant to Article IV of the MPC.
PARKING LOT
Any area utilized for the storage or parking of vehicles, on a short- or long-term basis.
PLANTINGS, LOW-LEVEL
Plantings consisting of shrubs and any other plant species that is greater than two feet in height at planting and less than six feet in height at planting. All measurements and plant quality shall be consistent with the American Standards for Nursery Stock, published by the American Association of Nurserymen, Inc., Washington, D.C.
PRINCIPAL STRUCTURE
A building or structure housing the primary uses integral to an establishment or establishments on a property or planned group of nonresidential uses.
PRIVATE IMPROVEMENTS
Any improvements required by this chapter and intended to be privately held and maintained, wherein no dedication to the Borough is anticipated, including but not limited to landscaping, parking lots, access drives, lighting, and private streets.
PROFESSIONAL CONSULTANTS
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.
PROPRIETARY INTEREST
The holding of fee simple title via deed to a property, short certificate, or of any contract, whether subject to any condition or not, or a certificate of title or other legal document whereby a person shall have the legal or equitable rights of the landowner in all matters relating to an application filed under this chapter, where title or equitable title is held in the entirety or where joint tenants or tenants in common convey such title.
PUBLIC IMPROVEMENTS
Those improvements, as required by this chapter, which are intended to be dedicated to, owned, and maintained by the Borough.
QUALIFIED PROFESSIONAL FORESTER
A person who has a B.S. degree from a four-year school of forestry accredited by the Society of American Foresters and a member in good standing of the American Forestry Association.
REVISED LAND DEVELOPMENT
Land development applications submitted less than one calendar year after the date on which the initial occupancy certificate was issued by the Borough where said occupancy directly followed Council approval of a land development on the respective lot or lots, and where:
A. 
Additions are 1,000 square feet or less or less than/equal to 10% of the principal structure shown on the most recent site plan approved by the Council, whichever is less. Where no such plan has been approved, said addition shall be limited to one administrative approval;
B. 
Accessory buildings not expressly exempt from site plan or land development requirements that are equal to or less than 10% of the principal structure, not excepting instances where additional accessory buildings were constructed or exist that were not approved by Council through a standard approval process;
C. 
Expansion of parking that is 10% or less than the parking, inclusive of the surface area covered by all access drives and pavement, approved through the last site plan approved by Council where no change is proposed in terms of site access and circulation. Where no site plan was previously approved, expansion of parking as an administrative approval is limited to one such approval; or
D. 
Revisions to the landscaping or lighting plan approved by Council.
SITE
The area comprised of all existing parcels subject to a proposed subdivision, the phase as shown on an approved preliminary plan within five years of said approval, or the area to be disturbed as part of a proposed land development.
SKETCH PLAN
The plan submitted for purposes of an advisory review in a manner as outlined in this chapter.
STEEP SLOPES
Areas of existing topography where, in over a one-hundred-foot horizontal distance or where the difference in elevation is over 20 feet, the slope equals or exceeds 25% from the top to bottom of the break in grade.
STREET
A strip of land, including the entire right-of-way, publicly or privately owned, serving primarily as a means of vehicular travel, encompassing the following types:
A. 
A public street intended to carry a large volume of local and through traffic to or from collector streets and expressways with an ADT greater than 3,000.
B. 
A street that collects and distributes traffic between local access and arterial streets. Such streets provide intraregional connections between residential areas and shopping areas, employment centers and other local traffic generators.
(1) 
Residential: 1,000 to 3,000 ADT.
(2) 
Nonresidential: 800 to 3,000 ADT.
C. 
A street that provides direct access to lots and conveys traffic from local to collector streets.
(1) 
Residential: 500 to 1,000 ADT.
(2) 
Nonresidential: 0 to 800 ADT.
D. 
A street with a single means of ingress and egress and a turnaround.
E. 
A street that provides access to abutting property and connections to collector streets with an ADT up to 500.
F. 
A service street that runs parallel to a higher-order street and provides access to abutting properties and separation from through traffic.
STRUCTURE
Anything constructed or erected on the ground or attached to the ground, including buildings, parking, whether defined as accessory or principal structures.
SUBDIVISION
The consolidation of two or more lots or the division or resubdivision 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.
TREES, LARGE
Trees whose height will ultimately exceed 40 feet shall have a minimum caliper of two-and-one-half-inch diameter measured at 4.5 feet above natural grade at the time of planting.
TREES, MEDIUM
Trees with an ultimate height of 25 to 40 feet, which have a minimum caliper of two-inch diameter measured at 4.5 feet above natural grade at the time of planting.
TREES, SMALL
Small trees, being those trees whose ultimate height will not exceed 25 feet, which have a minimum caliper of one-and-one-half-inch diameter measured at 4.5 feet above natural grade at the time of planting.
WOODLANDS
An area of trees whose total combined canopy covers one acre or more, in which at least 70% of the canopy trees have a DBH of 2.5 inches or more.
ZONING ORDINANCE
The Zoning Ordinance as adopted by Council and amended from time to time.[2]
[1]
Editor's Note: See Ch. 280, Zoning.
[2]
Editor's Note: See Ch. 280, Zoning.