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:
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.
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.
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:
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;
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;
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
Revisions to the landscaping or lighting plan approved by the
Council.
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:
The consolidation or combination of two or more lots of record.
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.
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.
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.
A service road that provides secondary means of through access
to lots.
Financial security required by this chapter for private improvements.
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.
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.
Traffic volume calculated in accordance with the most recent
edition of the Institute of Traffic Engineers (ITE) Trip Generation
Manual.
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.
The designated planning agency of Butler County.
A vehicular portable structure built on a chassis used as
a temporary dwelling for travel, recreational and vacation uses.
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.
The Council of Zelienople Borough, Butler County, Pennsylvania.
An approval automatically given where Council fails to meet
specified timelines, absent a waiver from the applicant, as stated
herein.
A private drive providing access between a public or private
street or access drive and the parking area for a single residential
dwelling unit.
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.
Areas of steep slopes, wetlands, and floodplains.
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.
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.
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.
Any area defined as a wetland by the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands.
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.
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.
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 land developments" and "major subdivisions," as defined
herein.
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.
A proposed movement of lot line location where:
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 land developments" and "minor subdivisions," as defined
herein.
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.
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.
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 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.
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.
Any arrangement of attached dwelling units, excepting duplexes.
A map adopted by Council pursuant to Article IV of the MPC.
Any area utilized for the storage or parking of vehicles,
on a short- or long-term basis.
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.
A building or structure housing the primary uses integral
to an establishment or establishments on a property or planned group
of nonresidential uses.
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.
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.
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.
Those improvements, as required by this chapter, which are
intended to be dedicated to, owned, and maintained by the Borough.
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.
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:
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;
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;
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
Revisions to the landscaping or lighting plan approved by Council.
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.
The plan submitted for purposes of an advisory review in
a manner as outlined in this chapter.
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.
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:
ARTERIALA 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.
COLLECTORA 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.
MINOR COLLECTORA street that provides direct access to lots and conveys traffic from local to collector streets.
CUL-DE-SACA street with a single means of ingress and egress and a turnaround.
LOCALA street that provides access to abutting property and connections to collector streets with an ADT up to 500.
MARGINAL ACCESS STREETA service street that runs parallel to a higher-order street and provides access to abutting properties and separation from through traffic.
Anything constructed or erected on the ground or attached
to the ground, including buildings, parking, whether defined as accessory
or principal structures.
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 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 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.
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.
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.
The Zoning Ordinance as adopted by Council and amended from
time to time.[2]
