[HISTORY: Adopted by the Borough Council
of the Borough of Trafford 10-3-1989 as Ch. 173 of the 1989 Code. Amendments noted where applicable.]
The Trafford Borough Planning Commission shall
have jurisdiction and control of the subdivision of land located within
the borough limits. Every plan, plat and replat of land laid out in
building lots and the streets, highways, alleys or other portions
of the same intended to be dedicated to public use or uses by the
purchasers or owners of lots fronting thereon or adjacent thereto,
located within the borough limits, shall be submitted to the Trafford
Borough Planning Commission. Upon completion of its review, the Planning
Commission shall submit a report to the Borough Council giving its
recommendations as to approval, disapproval or conditional approval
of a final plat. No plat shall be submitted to the county recorder
of deeds unless final approval has been granted by the Borough Council.
This chapter is adopted for the following purposes:
A.
To assist in the orderly, efficient and integrated
development of the borough.
B.
To promote the health, safety, morals and general
welfare of the residents of the borough.
C.
To secure equitable handling of all subdivision plans
by providing uniform procedures and standards for observance by both
the developer and the Borough Planning Commission.
This chapter shall be known and may be cited
as the "Trafford Borough Subdivision Regulations."
A.
Words in the singular include the plural, and words
in the plural include the singular. The word "person" includes a corporation,
or an unincorporated association, and the word "building" includes
the word "structure" and shall be construed as if followed by the
words "or part thereof." The word street" includes the words "drain,"
"ditch" and "streams." The word "shall" is mandatory unless otherwise
indicated.
B.
ALLEY
BLOCK
BOROUGH
BUILDINGS
BUILDING SETBACK LINE
COMMISSION OR BOROUGH PLANNING COMMISSION
CROSSWALK
CUL-DE-SAC (COURT)
DEAD-END STREET
EASEMENT
ENGINEER
LOT
LOT DEPTH
LOT DOUBLE FRONTAGE
LOT WIDTH
PLAT
RIGHT-OF-WAY
SEWER-CAPPED
STREET
(1)
(2)
SUBDIVIDER
SUBDIVISION
For the purpose of this chapter, the following terms
shall have the meanings indicated, unless otherwise specifically stated:
A permanent service way providing a secondary means of access
to abutting lands.
Property abutting on one side of a street and lying between
the two nearest intersecting or intercepting streets or between the
nearest intersecting or intercepting street and a railroad right-of-way,
waterway, unsubdivided area or some other definite barrier.
Trafford Borough.
Any structure or part thereof affixed to the land.
The line nearest the front of and across a lot establishing
the minimum open space to be provided between the front line of buildings
and structures and the front lot line.
The Trafford Borough Planning Commission.
A right-of-way, municipally owned, which cuts across a block
to furnish access for pedestrians to adjacent streets or properties.
A short street having one end open to traffic and being permanently
terminated by a vehicle turnaround.
The end of a street having a possibility of a future outlet
for public traffic.
A grant by the property owner of the use of a strip of land
by the public, a corporation or persons for specified purposes.
The Trafford Borough Engineer.
A portion of a subdivision or some other parcel of land intended
as a unit for a transfer of ownership or for development. In determining
the size of a lot, no part of a right-of-way, street, crosswalk or
easement may be included.
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 width of a lot at the building line.
A map or chart indicating the subdivision or resubdivision
of land and intended to be filed for record.
Land dedicated and publicly owned for use as a street, alley
or crosswalk.
Sewer connections and trunks designed and intended as part
of a public sewage system and which are capped at all intakes and
outlets and will not be used until connected to the public sewage
system.
A right-of-way which affords the principal means of access
to abutting properties. A "street" may be designated as a highway,
thoroughfare, parkway, boulevard, road, avenue, lane, drive or place
or by some other appropriate name. A "street" may also be identified
according to the type of use as follows:
MAJOR STREETSThose intended for large volumes of traffic movement. Certain "major streets" may be classified as business streets, parkways, primary or secondary arterials and others as limited-access highways, to which entrances and exits are provided only at controlled intersections with no access to abutting properties.
MINOR STREETSThose intended primarily to provide access to abutting residential properties. Certain "minor streets" may be culs-de-sac.
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 of a single lot, tract or parcel of land, or
a part thereof, into two or more lots, tracts or parcels of land,
including changes in street lines or lot lines, for the purpose, whether
immediate or future, of a transfer of ownership or of building development;
provided, however, that divisions of land for agricultural purposes
into parcels of more than 10 acres and not involving any new streets
or easements of access shall not be included within the meaning of
this term.
A.
Regulatory.
(1)
Layout; construction; dedication; sale; recording;
permits. No subdivision of any lot, tract or parcel of land shall
be affected and no street, sanitary sewer, storm sewer, water main
or other facility in connection therewith shall be laid out, constructed,
opened or dedicated for public use and travel or for the common use
of occupants of buildings abutting thereon except in a strict accordance
with the provisions of this chapter; and no lot in a subdivision may
be sold, no permit to erect, alter or repair any building upon land
in a subdivision may be issued, and no building may be erected in
a subdivision unless and until a plan of such subdivision shall have
been approved by the Borough Planning Commission and properly recorded
and until the improvements required by the Council in connection therewith
shall have either been constructed or guaranteed as herein provided.
(2)
Access; drainage; geology. No land shall be subdivided
for residential use:
(a)
Unless adequate access to the land over adequate
streets exists or will be provided by the subdivider; or
(b)
If such land is considered by the Borough Planning
Commission to be unsuitable for such use by reason of flooding or
improper drainage, objectionable earth and rock formation, topography
or any other feature harmful to the health and safety of possible
occupants or the community as a whole.
(3)
Hardship; small subdivisions. On written application
and in unique situations where topographic or other conditions are
such that compliance with the foregoing regulations would cause practical
difficulty and unnecessary hardship, the Planning Commission may reduce
the minimum requirements of these regulations within the spirit and
meaning thereof. The fact that the easing of the regulations might
make a subdivision more profitable shall not, of itself, be grounds
for such action. In a subdivision of less than five lots, the Planning
Commission may approve or reject the subdivision according to the
standards set forth herein and may waive certain requirements for
topography, streets, utilities and storm drainage in the event that
such information is not required. Approval of the preliminary and
final plans may be concurrent in such instances. Any person aggrieved
by such a decision of the Planning Commission in this case may appeal
to the Borough Council.
B.
Advisory. In order to make the most of the opportunities
related to the subdivision and to conserve time, effort and expense,
the owner or subdivider should consult with the Planning Commission,
the Engineer and other relevant public officials prior to the preparation
of the tentative plan of the subdivision; this informal review should
prevent unnecessary and costly revisions. Requirements for streets,
school and recreational sites, shopping centers, community facilities,
sanitation, water supply and drainage and the relationship to other
developments, existing and proposed, in the vicinity should be determined
in advance of the preparation of the subdivision plat. A thorough
estimate of the situation will result in sound decisions with respect
to the form, character and extent of the proposed subdivision.
A person or corporation desiring approval of
a plat of a subdivision of any land lying within the jurisdiction
of the Commission shall submit a written application therefor to the
Commission at least 10 days prior to the date of a regular or special
Commission meeting. Such application shall be accompanied by the following
information and plans:
A.
B.
A site map showing:
(1)
Contours at vertical intervals of two feet if the
general slope of the site is less than 10% and at vertical intervals
of five feet if the general slope is greater than 10%. The Commission
may relieve the subdivider of this requirement if, on application
by him setting forth his reasons, the Commission is of the opinion
that contours are not necessary in order to administer this chapter
properly in connection with the subdivision. In making such application,
the subdivider shall withhold submission of his preliminary plat until
the Commission has taken action on the application. However, the Commission
shall not require contours where the minimum lot size is one acre
or more.
(2)
A land inspection sketch showing terrain features,
wooded areas, buildings and other natural or artificial features which
would affect the plan of the subdivision.
(3)
The tract boundary lines, showing dimensions, bearings
and corners.
(4)
The streets and rights-of-way on or adjoining the
site, including dedicated widths, roadway widths, approximate gradients,
types and widths of pavements, curbs, sidewalks and other pertinent
data.
(5)
Easements: locations, widths and purposes.
(6)
The utilities, including sanitary and storm sewers
and other drainage facilities; waterlines; gas mains; electric utilities;
and other facilities. Size or capacity of each should be shown and
the locations of or distance to each existing utility indicated.
(7)
The existing platting of adjacent land within 500
feet of the proposed subdivision.
(8)
The areas subject to periodic overflow of floodwaters
or stormwaters.
(9)
Other features or conditions which would affect the
subdivision favorably or adversely.
(10)
The title, graphic scale, North point and date.
C.
A preliminary plat of the subdivision drawn to a scale
of 50 feet to one inch or 100 feet to one inch. The preliminary plat
shall be 26 inches by 34 inches in size or made in multiples of this
size and cut along match lines and shall show:
(1)
The proposed name of the subdivision.
(2)
The names and addresses of the owner and subdivider
and the city planner, land planning consultant, engineer or surveyor
who prepared the plan.
(3)
The street pattern, showing the names (which, when
not extensions of existing streets, shall not duplicate other names
of streets in the community) and widths of right-of-way of streets
and widths of easements and alleys.
(4)
The layout of lots, showing dimensions and numbers.
(5)
The parcels of land proposed to be dedicated or reserved
for schools, parks, playgrounds or other public, semipublic or community
purposes.
(6)
The key plan, legend and notes.
(7)
The building setback or front yard lines.
(8)
The graphic scale, North point and date.
F.
A description of the protective covenants or private
restrictions to be incorporated in the subdivision plat.
G.
The application shall be accompanied by a certified
check or money order in an amount a fee as set forth from time to
time by resolution of the Borough Council, plus an amount for each
lot in the proposed subdivision, with a minimum total charge as set
from time to time to cover the cost of checking and verifying the
proposed plat, and such amount shall be deposited in the bank account
of the Trafford Borough Planning Commission.
[Amended 10-20-1998 by Ord. No. 667]
H.
Sewage systems.
(1)
A report on sewage, to be prepared by a registered
professional engineer, shall be submitted.
(a)
A report on the feasibility of connection to
an existing sewerage system shall be made. This study shall include
the distance from the nearest existing public sewer and the capacity
of the existing system intended to handle the additional sewage load.
(b)
If connection to an existing sewerage system
is not deemed to be feasible, the feasibility of the construction
of a separate sewerage system and treatment works shall be investigated.
This study shall give the location of the treatment works, receiving
stream, type of plant, degree of treatment and design population.
(2)
In the event that either Subsection H(1)(a) or (b) are feasible, a formal application, as required by the laws of the commonwealth, will be submitted by the municipality to the Pennsylvania Department of Health, and a permit shall be obtained from the Sanitary Water Board prior to the construction of the sewers or treatment works. The developer shall assume all costs, if any, for a state sewer permit. In the event that neither Subsection H(1)(a) or (b) are feasible, consideration may be given to the installation of on-lot sewage disposal systems for the subdivision.
(3)
The information contained in the engineer's report
shall include a detailed map of the physical conditions of the site,
showing contours, finished grades, watercourses, groundwater table
elevations, etc., and the results of soil absorption tests for each
individual lot conducted in accordance with the recommended practices
of the Pennsylvania Department of Health.
After an application for approval of a preliminary plat of a subdivision, together with four copies of all maps and data, has been filed, the Commission will send one copy each to the Engineer and the Pennsylvania State Department of Health. Upon receipt of recommendations from the Engineer and the Health Department, if the same has been received within a period of 30 days of such transmittal or such reasonable further time as may be requested by the Engineer or Health Department, the Commission shall review the application and shall approve the plat proposed in the application subject to its receipt of an acceptable final plat, as described in § 175-8 of this chapter, or shall conditionally approve or disapprove the plat, setting forth its reasons in its own records and providing the applicant with a copy. If it is disapproved, the subdivider shall submit a new preliminary plat.
The final plat shall meet the following specifications:
A.
The plat may include all or only a part of the plat
as proposed in the application.
B.
The original drawing of the plat of the subdivision
shall be 26 inches by 34 inches or made in multiples of this size
and cut along match lines. It shall be drawn at a scale of 50 or 100
feet to the inch. Four black or blue line prints and one reproducible
print shall be submitted with the original final plat, or in order
to conform to modern drafting and reproduction methods, lettering
may be applied to the final plat in a manner which will permit the
plat to be reproduced by film, litholoid or some other suitable photographic
process at the designated scale, and in such case four black line
prints and two reproducible prints shall be submitted.
C.
The following basic information shall be shown:
(1)
Accurate boundary lines, with dimensions and angles
which provide a survey of the tract, closing with an error of not
more than one foot in 5,000 feet.
(2)
The accurate distances and directions to the nearest
established street corners or official monuments. Reference corners
shall be accurately described on the plan.
(3)
The accurate locations of all existing and recorded
streets intersecting the boundaries of the tract.
(4)
The source of title to the land as shown by the books
of the county recorder.
(5)
The street names.
(6)
The complete curve data for all curves included in
the plan.
(7)
The street lines, with accurate dimensions in feet
and hundredths of feet, with angles to the nearest 10 seconds to street,
alley and lot lines.
(8)
The lot numbers and dimensions.
(9)
The easements for utilities and any limitations on
such easements.
(10)
The accurate dimensions of any property to be
dedicated or reserved for public, semipublic or community use.
(11)
The location, type, material and size of all
monuments and lot markers.
(12)
Restrictions of all types which will run with
the land and become covenants in the deeds for lots.
(13)
The name of the subdivision.
(14)
The name and address of the owner and subdivider.
(15)
The North point, graphic scale and date.
(16)
A certification by a registered professional
engineer or registered land surveyor.
(17)
The certificate of dedication of streets and
other public property.
(18)
The certificate for approval by the local Planning
Commission, local legislative body and the County Planning Commission.
(19)
The building setback lines and any other setbacks
or street lines established by this chapter or by public authority
and those specified in the deed restrictions.
D.
In submitting the final plat to the Commission, it
shall be accompanied by one of the following:
(2)
A bond which shall:
(a)
Run to the Trafford Borough Council.
(b)
Be in an amount determined by the Commission
to be sufficient to complete the improvements and installations in
compliance with this chapter.
(c)
Be with surety satisfactory to the Commission.
(d)
Specify the time for the completion of the improvements
and installations.
A.
Upon a finding by the Commission that the final plat
submitted is in accordance with the requirements of this chapter,
it shall affix the Commission's seal upon the plat, together with
the certifying signature of its Chairman.
B.
The approval of the final plat by the Commission shall
be deemed an acceptance of the proposed dedication, but shall not
impose any duty upon the borough concerning maintenance or improvement
of any such dedicated streets, highways, alleys or other portions
of the same until the borough shall make an actual appropriation of
the same by entry, use or improvement.
C.
Immediately upon approval of a subdivision, the subdivider
shall present the subdivision, as approved by the Commission, to the
recorder of deeds of the county, who shall file the original in a
book and shall keep the same accessible to the public. Approval of
the final plat shall be void unless the plat has been duly recorded
within a period of 90 days from the date of approval.
The preliminary plat of the subdivision shall
substantially conform to the following principles and standards of
design:
A.
Public sites and open spaces.
(1)
Where a proposed park, playground, school or other
public use shown in the Master Plan of the borough is located in whole
or in part in a subdivision or where otherwise deemed desirable, the
Commission may require dedication or reservation of such area within
the subdivision in those cases in which the Commission deems such
requirement to be reasonable.
(2)
Where deemed essential by the Commission upon consideration
of the particular type of development proposed in the subdivision
and especially in large-scale subdivisions not anticipated in the
Master Plan of the borough, the Commission may require the dedication
or reservation of such other areas or sites of a character, extent
and location suitable to the needs created by such development for
schools, parks and other neighborhood purposes. This shall normally
be considered to be about 5% of the gross area of the subdivisions,
including water areas. Suitable arrangements shall be made for fixing
responsibility for continued maintenance of these areas.
B.
Streets.
(1)
The streets and alley layout shall conform to any
plans made by the Commission for the development of the neighborhood
in which the proposed subdivision is located and shall provide access
to all lots and parcels of land within the subdivision. Where streets
cross other streets, offsets shall be created. The minimum distance
between center lines of parallel or approximately parallel streets
intersecting a cross street from opposite directions shall be a minimum
of 120 feet.
(2)
Proposed streets shall be adjusted to the contour
of the land so as to produce usable lots and streets of reasonable
gradient.
(3)
Where appropriate, proposed streets shall be extended
to the boundary line of the tract being subdivided so as to provide
for normal circulation of traffic within the vicinity.
(4)
Wherever there exists a dedicated or platted portion
of a street or alley along a boundary of the tract being subdivided,
the remainder of said street or alley to the prescribed width shall
be platted within the proposed subdivision.
(5)
Major streets shall have such right-of-way widths
as the Commission shall deem to be necessary in view of the function
and prospective traffic load of the particular street or part thereof.
The minimum right-of-way width of minor streets shall be 50 feet,
and the minimum right-of-way width of major streets shall be 60 feet.
All culs-de-sac shall terminate in a circular right-of-way with a
minimum diameter of 100 feet. The length of a cul-de-sac shall ordinarily
not exceed 600 feet.
(6)
Alleys shall ordinarily not be provided in residential
districts but shall be included in commercial and industrial areas
where needed for loading and unloading or access purposes and, where
platted, shall be at least 20 feet in width.
(7)
The center lines of streets shall intersect as nearly
at right angles as possible.
(8)
At intersections of streets, the property line corners
shall be rounded by arcs with radii of not less than 15 feet or by
chords of such arcs. For major streets, the Commission may require
a larger radius.
(9)
At intersections of streets and alleys, property line
corners shall be rounded by arcs of at least 20 feet in radius or
by chords of such arcs.
(10)
The intersection of streets at an angle of less
than 60° shall be prohibited.
(11)
Intersections of more than two streets at one
point shall be avoided.
(13)
The curvature, measured along the center line,
shall have a minimum radius as follows, unless topographical or other
conditions are such that, in the circumstances of the particular case,
the indicated radius is not feasible and the Commission is of the
opinion that a lesser radius would adequately protect the public interest:
(14)
Between reversed curves on major streets, a
tangent of not less than 200 feet shall be provided, and on minor
streets, such a tangent shall be not less than 100 feet.
(16)
Minimum grade. The minimum grade of any street
gutter shall not be less than 5/10 of 1%.
D.
Lots.
(1)
All lots shall abut on a street.
(2)
Side lines of lots shall be at approximately right
angles to straight streets and on radial lines on curved streets.
Some variation from this rule is permissible, but pointed or very
irregular lots shall be avoided.
(3)
Double-frontage lots shall not be platted, except
that where desired along arterial limited-access highways, lots may
face on an interior street, and back on to such thoroughfares; in
that event, a planting strip for a screen, at least 20 feet in width,
shall be provided along the back of the lot. Where the lots back on
a railroad, creek or other natural barrier, the Commission may also
require a twenty-foot planting screen.
(4)
Lot width and area. Within the area of jurisdiction
of this chapter, the following minimum lot widths and areas shall
apply:
(a)
In no case shall the width of the lot at the
building setback line be less than 65 feet nor the area of the lot
be less than 8,500 square feet.
(b)
Regardless of any other provision of this chapter,
the following lot width and area requirements shall apply in the following
circumstances:
[2]
In subdivisions provided with neither a sanitary
sewer system nor a public water supply system, the minimum width at
the public setback line shall be 100 feet and the area shall be 20,000
square feet; except where a capped sewerage system is provided, in
which case the width and area of lots shall be approved by the Commonwealth
Department of Health for on-the-lot sewage disposal.
(5)
The depth-to-width ratio of the usable area of a lot
shall ordinarily be at a maximum of three-to-one.
(6)
Corner residential lots shall be wider than interior
lots to permit appropriate setbacks from both streets.
(7)
Wherever possible, unit shopping centers based upon
sound development standards shall be designed, in contrast to the
platting of lots for individual commercial use.
(8)
Areas subject to periodic overflow of flood- or stormwaters
shall not be included as part of any lot.
E.
Easements. Where deemed necessary by the Planning
Commission, easements for utilities shall be provided. Such easements
shall have a minimum width of 12 feet. Before determining the location
of easements, the plan shall be discussed with the local public utilities
to assure the proper location of an easement for the installation
of such service.
The final plat of the subdivision shall conform
to the following standards of improvement:
A.
Monuments and markers.
(1)
Monuments and markers shall be placed so that the
scored or marker point shall coincide exactly with the intersection
of lines to be marked and shall be set so that the top of the monument
or marker is level with the surface of the surrounding ground.
(2)
Monuments shall be set at the intersection of all
lines forming angles in the boundary of the subdivision.
(4)
Monuments shall be of concrete or stone, with a minimum
size of six inches by six inches by 30 inches, and, shall be marked
on top with a copper dowel. Markers shall consist of iron pipes or
iron or steel bars at least 15 inches long and not less than 1/2 inch
in diameter.
(5)
Any monuments or markers that are removed shall be
replaced by a competent engineer at the expense of the person removing
them.
(6)
The subdivider shall deposit with the borough a certified
check in the amount of $100 for each monument. The amount of said
check will be returned as soon as the monuments have been set by the
subdivider in accordance with this chapter, provided that each monument
shall have been installed within one year after the subdivision has
been approved for recording purposes. Otherwise, the Borough Council
will cause the monuments to be installed and pay for the same out
of the proceeds of the aforesaid deposit.
B.
Streets.
(1)
Streets (and alleys where provided) shall be graded,
surfaced and improved to the grades and dimensions shown on plans,
profiles and cross sections submitted by the subdivider and approved
by the Commission.
(3)
Prior to placing the street surface, adequate subsurface
drainage for the streets and all subsurface utilities shall be provided
or installed by the subdivider.
(4)
In all respects in which standards for required improvements
are not set forth herein or specified by the Commission hereunder,
the standard requirements for the Pennsylvania State Department of
Highways shall govern, and all work shall be performed in the manner
prescribed in the standard specifications for road construction of
said Department and shall be approved by the Borough Engineer.
C.
Driveways; entrances. Driveway entrances or aprons
within the street right-of-way shall be surfaced to their full width,
the type of surface to be the same as specified in this chapter for
streets. Where sidewalks are installed, the required driveway surfacing
shall end at the street side of the sidewalk.
D.
Sewers.
(1)
Where the municipal sewer system is reasonably accessible
to the subdivision, the subdivider shall provide the subdivision with
a complete sanitary sewer system to be connected to the municipal
sanitary sewer system.
(2)
Where the municipal sewer system is not reasonably
accessible to the subdivision, one of the following methods of sewage
disposal shall be used:
(a)
A complete and capped sanitary sewer system
to connect to the municipal sewerage system in the future shall be
provided by the subdivider in addition to on-the-lot sewage disposal
facilities.
(b)
Private sewage disposal systems on individual
lots consisting of septic tanks and tile absorption fields or some
other approved sewage disposal system when, in the judgment of the
Planning Commission, extension of the municipal sewerage system to
the subdivision will not take place in the foreseeable future.
(3)
The plans for the installation of a sanitary sewer
system shall be prepared by the subdivider and approved by the Borough
Engineer and the Pennsylvania State Department of Health. The Borough
Engineer shall inspect the sewer line before it is covered over. Upon
the completion of the sanitary sewer installation, one copy each of
the plans for such system as built shall be filed with the Commission
and the Borough Engineer.
(4)
The minimum diameter of any sewer pipe shall be eight
inches. Storm sewers shall not be connected with sanitary sewers.
(5)
In this Subsection D and the next Subsection E, the phrase "the subdivider shall provide" shall be interpreted to mean that the subdivider shall install the facility referred to or, whenever a private sewage disposal system or an individual water supply is to be provided, that the subdivider shall require, as a condition of the sale of each lot or parcel in the subdivision, that the facilities referred to in these subsections shall be installed by the owner of the lots in accordance with this chapter.
E.
Water. The Subdivider shall provide the subdivision
with a complete water main supply system which shall be connected
to a municipal water supply or a community water supply approved by
the Borough Engineer and the Pennsylvania State Department of Health,
with satisfactory provision for the maintenance thereof, except that
when such municipal or community water supply is not available, the
subdivider shall provide an individual water supply on each lot in
the subdivision in accordance with the minimum standards approved
by the Pennsylvania State Department of Health. The plans for the
installation of a water main supply system shall be prepared by the
subdivider with the cooperation of the applicable water utility company
and approved by the Borough Engineer. Upon the completion of the water
supply installation, one copy each of the plans for such system as
built shall be filed with the Commission and the Borough Engineer.
F.
Storm drainage. The drainage plan for the subdivision
shall be in accordance with good engineering practices and shall include
all necessary pipes, manholes, catch basins, drop inlets and paved
gutters. Where necessary, the developer will be required to furnish
and have granted to the borough drainage easements over private property.
Said drainage plans shall be approved by the Borough Engineer.
G.
Curb and gutter. The curb and gutter shall be approved
by the Borough Engineer, shall be constructed of portland cement concrete
or telford stone and shall be built separate from the street.
H.
Sidewalks. Sidewalks shall be constructed where deemed
necessary by the Planning Commission for the safety and convenience
of the occupants. When sidewalks are required, they shall be constructed
of portland cement concrete at least four inches thick and five feet
wide and shall be a uniform distance of 30 inches from the outer line
of the curb, said outer line of the sidewalk to be constructed one
inch higher than top of the curb and shall rise 1/4 inch per foot
for the full width of walk.
I.
Street names. Due care shall be exercised in the selection
of street names to ascertain that there is no duplicate in the same
post office service area. A letter from the local postmaster certifying
that the street names used are not duplications of street names within
the same post office service area shall be filed by the developer.
Street name signs shall be constructed and installed by the developer
as a part of the street construction program and shall be of a design
and composition acceptable to the borough.
J.
Streetlights and fire hydrants. Streetlights and fire
hydrants may be required at the discretion of the Commission, and
shall conform with state regulations.
K.
Filing plans and profiles. Upon the completion of
the improvements in a subdivision, plans and profiles of the same
as constructed shall be filed with the Commission.
The following forms and space for the proper
signatures shall be used or placed on the final plats:
A.
The signature of the Chairman of the Commission.
B.
Each final plat submitted to the Commission for approval
shall carry a certificate signed by a surveyor or engineer in substantially
the following form:
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I, ___________ (name) hereby certify that I
am a registered land surveyor or registered engineer in compliance
with the laws of the Commonwealth of Pennsylvania; that this plat
correctly represents a survey completed by me on _________ (date);
that all monuments shown thereon actually exist; and that their location,
size, type and material are accurately shown.
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(SEAL) (signature)
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C.
Each final plat submitted to the Commission for approval
shall carry a deed of dedication in substantially the following form:
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We, the undersigned ____________ (names) owners
of the real estate shown and described herein, do hereby certify that
we have laid off, platted and subdivided and hereby lay off, platted
and subdivided said real estate in accordance with the within plat.
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This subdivision shall be known and designated
as __________ (name), an addition to _____________ (name).
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All streets and alleys shown and not heretofore
dedicated are hereby dedicated to the public.
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Front yard building setback lines are hereby
established as shown on this plat, between which lines and the property
lines of the street there shall be erected or maintained no building
or structures.
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There are strips of ground ________ (number)
feet in width as shown on this plat and marked "easement" which are
reserved for the use of public utilities for the installation of water
and sewer mains, poles, ducts, lines and wires, subject at all times
to the proper authorities and to the easement herein reserved.
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No buildings or other structures are to be erected
or maintained upon said strips of land, but owners of lots in this
subdivision shall take their titles subject to the right of the public
utilities.
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(Additional dedications and protective covenants
or private restrictions would be inserted here upon the subdivider's
initiative or the recommendation of the Commission; important provisions
are those specifying the use to be made of the property and, in the
case of residential use, the minimum habitable floor area.)
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The foregoing covenants or restrictions are
to run with the land and shall be binding on all parties and all persons
claiming under them until January 1, 19.., a 25 year period is suggested,
at which time said covenants or restrictions shall be automatically
extended for successive periods of 10 years and shall remain in full
force and effect unless changed at the end of such period of 10 years
by vote of a majority of the then owners of the building sites covered
by these covenants or restrictions.
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The right to enforce these provisions by injunction,
together with the right to cause the removal by due process of law
of any structure or part thereof erected or maintained in violation
hereof, is hereby dedicated to the public and reserved to the several
owners of the several lots in this subdivision and to their heirs
and assigns.
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Witness our hands and seals this _______ day
of _______ 19 ___.
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(1) For corporations.
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COMMONWEALTH OF PENNSYLVANIA
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)
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) SS.
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COUNTY OF WESTMORELAND
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)
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On this the ________ day of ________ 19 ____,
before me, _________ (name of notary), the undersigned officer, personally
appeared ____________________ (name of president or vice president),
who acknowledged himself to be the president or vice president of
____________________ (name of corporation), a corporation, and that
he as such president or vice president, being authorized to do so,
executed the foregoing instrument for the purpose therein contained
by signing the name of the corporation by himself as president or
vice president.
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IN WITNESS WHEREOF, I have hereunto set my hand
and official seal.
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Notary Public
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My commission expires:
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(2) For other than corporations.
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COMMONWEALTH OF PENNSYLVANIA
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)
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) SS.
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COUNTY OF WESTMORELAND
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)
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On this the ___________ day of _________ 19
____, before me _________________ (name of notary), the undersigned
officer, personally came ________________, known to me or satisfactorily
proven to be the person whose name is subscribed to the within instrument,
and acknowledged that ________ (he, she, they) executed the same for
the purpose therein contained.
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IN WITNESS WHEREOF, I have hereunto set my hand
and official seal.
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Notary Public
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My commission expires:
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D.
Each final plat submitted to the Commission for approval
shall carry a certificate of approval by the Borough of Trafford in
substantially the following form:
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Approved by the Borough of Trafford, Westmoreland
County, Pennsylvania, this _________ day of ____________ 19 ____.
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(Seal) President of Borough Council
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Attest:
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Borough Secretary
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Mayor
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Wherever there is a difference between the minimum
standards or dimensions specified herein and those contained in other
official regulations of Trafford Borough or the official regulations
of Westmoreland County, whichever has pertinent legal jurisdiction,
the highest standard shall apply.
[Amended 10-20-1998 by Ord. No. 667; 5-10-2005 by Ord. No.
702]
A.
Any person, partnership or corporation who or which
has violated the provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
borough, pay a judgment of not less than $100 nor more than$1,000,
plus all court costs, including reasonable attorney fees incurred
by the borough as a result thereof. No judgment shall commence or
be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the borough may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the District Justice determining that there has been a violation further
determines that there was a good faith basis for the person, partnership
or corporation violating the chapter to have believed that there was
no such violation, in which event there shall be deemed to have been
only one such violation until the fifth day following the date of
the determination of a violation by the District Justice and thereafter
each day that a violation continues shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem judgment
pending a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the borough
the right to commence any action for enforcement pursuant to this
section.
[Added 9-2-2014 by Ord. No. 7-2014]
Development of two or more lots, tracts or parcels of land must
front and have direct access to a public street. There shall be no
waiver granted for private streets. All streets must meet adopted
Borough engineering design standards approved by the Planning Commission,
Engineer and Council.
