This chapter shall be known and may be cited as the "Borough
of Green Tree Subdivision and Land Division Development Ordinance"
or just the "Subdivision Regulations."
The purposes of this chapter are to regulate certain land subdivision,
consolidation and development activities in the Borough by providing
for a uniform method for the submission of preliminary and final plats
to ensure the proper layout or arrangement of land; the proper design
of streets to accommodate projected traffic and facilitate fire protection;
and the provision of adequate easements or right-of-way gutters, storm
and sanitary drainage facilities, walkways, stormwater management
and other required public facilities.
The Subdivision Regulations are made in accordance with the
community development objectives set forth in the Zoning Code and
are intended to achieve the following goals:
A.
To promote, protect and facilitate one or more of the following:
the public health, safety, morals and general welfare; coordinated
and practical community development; proper density of population;
civil defense; disaster evacuation; the provision of adequate light
and air; police protection; vehicle parking and loading space; transportation;
water; sewerage; schools; public grounds; and other public requirements;
and
B.
To prevent one or more of the following: overcrowding of land; blight;
danger and congestion in travel and transportation; and loss of health,
life or property from fire, panic or other dangers.
A subdivision plat, consolidation plat or site development plan
approved in accordance with this chapter shall be required for:
A.
Any development consisting of one-family dwellings, two-family dwellings,
townhouse units or other multifamily dwellings. The subdivision plat
for such a development shall show each lot occupied or intended to
be occupied by a one-family dwelling or a two-family dwelling and
the lot area to be occupied by townhouse units or multifamily dwellings;
B.
Any development in which the developer proposes or intends to construct
streets to be dedicated to the Borough for public use;
C.
Any development consisting of townhouse units or multifamily dwellings
or commercial, business or industrial structures and/or buildings
in which one or more units or areas will be under separate and independent
ownership or lease, including, but not limited to, condominiums and
the like. Plats and plans, including declaration plans, required by
any statute of the commonwealth for condominium developments, may
qualify as a plat or plan pursuant to this chapter;
D.
Any development consisting of the construction or reconstruction
on a site for a business, commercial or industrial use in which one
or more structures will be constructed for separate ownership or for
leasehold;
E.
The consolidation of two or more lots, tracts or parcels of land
for the purpose of one development; and
F.
A subdivision that is proposed for any parcel, lot or tract of land
in the Borough.
A.
Whenever any provision of this chapter is at variance with another
lawfully adopted rule, regulation, ordinance, restriction or covenant,
that which imposes the most restrictive requirement shall govern.
B.
Whenever there is a difference between a minimum standard or dimension
specified in this chapter and those contained in another official
regulation, resolution or ordinance of the Borough, the highest standard
shall apply. If a question of conflict arises between various portions
of this chapter, the most restrictive term shall apply.
This chapter shall become effective 30 days after publication of the enactment of this chapter in accordance with § C-509 of the Borough Charter.
If any provision of this chapter or the application of any provision
thereof to particular circumstances is held invalid, the remainder
of this chapter or the application of such provision to other circumstances
shall not be affected.
As used in this chapter, the following terms shall have the
meanings indicated, unless otherwise specifically stated.
A landowner or developer who has filed an application for
a subdivision or development, including his or her heirs, successors
and assigns.
An application, whether preliminary or final, required to
be filed and approved prior to the start of construction or development,
including, but not limited to, an application for the approval of
a subdivision plat or plan or for the approval of a development plan.
The Borough Engineer or an engineering consultant appointed
by Council.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street lines.
The combination of two or more lots, tracts or parcels of
land for the purpose of sale or lease of a building or lot.
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.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who proposes, makes or causes to be
made or proposed a subdivision of land or a land development.
The provisions for development of a planned residential development,
including a plat of subdivision, all covenants relating to the use,
location and bulk of buildings and other structures, the intensity
of use or density of development, streets, ways and parking facilities,
common open space and public facilities. "Provisions of the development
plan" means the written and graphic materials referred to in this
definition.
A professional engineer licensed as such in the commonwealth.
The use of the word "engineer" shall not restrict the practice of
surveying as provided for in state law.
An authorized representative of Council or an engineer assigned
by Council to make any or all necessary inspections of the work performed
and materials furnished by the subdivider or developer.
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 buildings, or the division or allocation of land or space
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, or 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 or
she is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
The Borough Planning Commission.
A map or plan indicating the subdivision, consolidation or
redivision of land and land development, whether preliminary or final.
Includes parks, playgrounds and other public areas, as well
as sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
A short street or roadway designed to serve a group of structures
and not intended as a public street. Such street shall be designed
to discourage through traffic and may include cul-de-sac streets.
Those standards prepared by Gateway Engineers, Inc., dated
January 1980, which have been adopted by a resolution of Council passed
June 2, 1980, as amended, copies of which standards are on file in
the Borough Building. Reference to particular standards applicable
to this chapter is contained in Table II following this chapter.
A street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other way used or intended to be used
by vehicular traffic or pedestrians, whether public or private.
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. The subdivider
may be the landowner or the authorized agent of the landowner or the
land developer. A subdivider shall be considered as the developer.
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, transfer of ownership, or building
or lot development; provided, however, that the division of land for
agricultural purposes into parcels of more than 10 acres, not involving
any new street or easement of access, shall be exempt.
A channel, creek, drain, river or stream.
Ordinance No. 310, adopted August 25, 1947, as amended, codified as Chapter 420, Zoning, of the Code.
Whoever violates or fails to comply with any of the provisions
of this chapter shall be fined not more than $500 per lot or parcel
or per dwelling within each lot or parcel. All fines collected for
such violation shall be paid to the Borough and deposited in the general
fund. The description of metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transferor from such penalty or from the
remedies provided in this chapter.
