[HISTORY: Adopted by the Borough Council of the Borough of
Ambridge 5-8-1967 by Ord. No. 839. Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch.
115.
Stormwater management — See Ch.
258.
Streets and sidewalks — See Ch.
265.
A. The following words and phrases, as used in this chapter, shall have
the meanings hereby ascribed thereto unless the context clearly indicates
a different meaning:
CITY-TYPE HIGHWAY
Minimum right-of-way of 50 feet with a minimum paved cartway
of 30 feet between curbs, with integral cement curb and gutter paving
and cement concrete sidewalk paving.
HIGHWAY
The whole or any part of any public street or avenue, public
road, bridge or culvert and shall include the cartway, gutter, curb,
sidewalk and the whole legal width of the right-of-way.
PERSON
A natural person, association, firm, partnership or corporation.
OWNER
A person who is the registered owner of real estate to be
subdivided and/or developed in accordance with the provisions of this
chapter.
ROAD
A public right-of-way for travel.
SUBDIVISION
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 transfer of ownership or of building development;
provided, however, that divisions of land for agricultural purposes
in parcels of more than 10 acres, not involving any new streets or
easement of access, shall be exempted.
B. Word usage. The singular shall include the plural, and the masculine
shall include the feminine and the neuter.
It shall be unlawful for the owner of any land in the Borough
to make a subdivision thereof or to lay out, construct, open or dedicate
for public use or travel or for the common use of the occupants or
buildings thereon any street, sanitary sewer, storm sewer, water main
or other facilities in connection therewith unless and until a plan
thereof shall have been prepared by a registered professional engineer
or surveyor and submitted to and approved by the proper Borough official
or body, as hereinafter provided.
Plans of subdivisions wherein lots abut existing improved streets
of sufficient width, as hereinafter prescribed, shall be submitted
to the Borough Engineer for approval or rejection. The Borough Engineer
shall act upon any such plan within 30 days after the submission thereof
to him. Any person aggrieved by a decision of the Borough Engineer
upon any such plan may appeal to the Borough Council within 10 days
after such decision shall have been made. Such appeal shall be considered
by the Council at its next regular meeting. The decision of the Council
shall be final.
Plans of subdivisions wherein lots abut existing streets of
insufficient width, according to schedules of width hereinafter set
forth, or streets proposed to be laid out through unimproved land
shall be submitted to the approval or rejection of the Council, as
provided by law.
Subdivision plans submitted for approval shall include:
A. Complete block dimensions with bearings, tangent distances, and including
all curve data and stations corresponding to those used on the profile;
lot numbers and lot dimensions with bearings; and shall show the profiles
of highways, the course, structure and capacity of any drainage facilities,
and the method of drainage of adjacent or contiguous territory.
B. Location of all street monuments at street intersections, angle points
and beginning and ending of all curves.
C. Curb grades, profiles showing grades, cross sections, rate of grade
and bench marks.
D. Widths of rights-of-way, cartways and sidewalks. All curbing at street
intersections shall be circular curves with a radius of not less than
20 feet and larger for sharp corners.
E. Names of all existing highways shall be continued, and there shall
be no duplication of names existing elsewhere in the Borough.
F. Course, structure, capacity and design of all drainage appurtenances,
including storm and sanitary sewers.
G. Indicate a proposed right-of-way not less than 20 feet wide along
natural watercourses and where necessary, or the Borough to construct
and maintain sanitary and storm sewers.
H. Cross section of proposed street paving, indicating depth and type
of each course, and also the position and type of curbs and sidewalks
and all other improvements.
I. Location of all existing utility facilities, together with all service
connections. In the event the developer of a subdivision proposes
to provide electric service at the rear of houses or buildings to
be erected on such subdivisions, such developer shall also make provision
for electric service at the street front of houses or buildings for
public streetlighting either by poles or underground conduits with
suitable light standards, and such developer shall indicate the method
and location of streetlighting facilities on plans submitted for approval.
J. A supplementary plan shall be filed with the Borough Engineer prior
to the acceptance of the dedication of said highways, showing the
location of the utility facilities, together with service connections,
placed during the construction.
K. The highway systems all take into consideration present roads of
adjoining tracts already laid out and of adjoining tracts not yet
subdivided. No circles, islands, culs-de-sac or circular segments
shall be permitted; provided, however, in specific cases where owing
to special and unusual topographical conditions a literal enforcement
of the terms of this subsection will result in an unnecessary hardship,
the Borough Council may permit a cul-de-sac which shall not be more
than 400 feet long, terminating in a vehicular turnaround with a minimum
right-of-way radius of 60 feet and an outer paving radius of 50 feet.
L. Rights-of-way and types of construction shall conform to the following
schedule. The Borough reserves the right in any case to require greater
cartway width than the minimum shown, if it is deemed necessary for
any reason.
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Suburban-Type Highway
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City-Type Highway
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Right-of-Way Width
(feet)
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Minimum Cartway Width
(feet between curbs)
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Required Cartway Width
(feet between curbs)
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Required Sidewalk
(each 10 feet wide)
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50
|
30
|
30
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2
|
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60
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30
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40
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2
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70
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30
|
50
|
2
|
M. Plans shall be drawn to a minimum scale of 50 feet to an inch. Profiles
of proposed improvements showing grades, cuts and fills shall be drawn
to a minimum scale of 40 feet horizontal and four vertical.
N. Original plans of highways and/or subdivisions, signed by the owner,
when approved by the Council, shall be signed on behalf of the Borough
by the President of Council and the Borough Engineer and shall be
attested by the Borough Secretary. Six copies hereof, on linen, shall
be filed in the office of the Borough Engineer.
O. Plans shall bear the following acknowledgment and approval:
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COMMONWEALTH OF PENNSYLVANIA:
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ss
County of Beaver:
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On the _____ day of _____________, 20___, before me, the subscriber,
a Notary Public of the Commonwealth of Pennsylvania, personally appeared
_________________________, who acknowledged the accompanying plan
to be the official plan of highways and/or subdivision situated in
the Borough of Ambridge, County of Beaver, Pennsylvania, and desired
that said plans be recorded according to law. Witness my hand and
Notarial Seal the day and year aforesaid.
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Notary Public
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Approved by the Council of the Borough of Ambridge, this _____
day of _____________, 20___.
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Secretary
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President
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Borough Engineer
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Recorded in the office for the Recording of Deeds at Beaver
County, Pennsylvania, in Deed Book _____, Page No. _____, on _____________,
20__, by ___________________
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Before acting on any subdivision plan, the Council may arrange
for a public hearing thereon, after giving such notice as Council
may deem desirable in each case. The Council may require alterations,
changes or modifications of any kind, at it deems necessary, in any
plans submitted to it under this chapter and may refuse its approval
until all such alterations, changes or modifications in the plan have
been made. One or more preliminary subdivision plans may be submitted
to the Borough Engineer by the owner or by the Council for study,
criticism and suggestions.
An approved duplicate copy of each subdivision plan, approved
as provided in this chapter, shall, within 30 days after the date
of approval, be recorded by the owner in the office for the recording
of deeds of Beaver County, and the owner shall forthwith notify the
Borough Engineer in writing of the date of such recording. After a
subdivision plan shall have been officially recorded, the streets,
parks and other public improvements shown thereon shall be considered
to be a part of the official plan of the Borough. Streets, parks and
other public improvements shown on a subdivision plan to be recorded
may be offered for dedication to the Borough by formal notation thereof
on such plan, or the owner may note on such plan that such improvements
have not been offered for dedication to the Borough. Every street,
park or other improvement shown on a subdivision plan that shall have
been recorded as provided herein shall be deemed to be a private street,
park or improvement until such time as the same shall have been offered
for dedication to the Borough and accepted, by ordinance or resolution,
or until it shall have been condemned for use as a public street,
park or other improvement.
Before approving any subdivision plan, Council shall require
either that the necessary grading, paving and other street improvement,
including, where specified by Council, curbs, sidewalks, streetlights,
fire hydrants, water mains, sanitary sewers and storm sewers, shall
have been installed in strict conformity with the standards and specifications
of the Borough or that the Borough be assured, in the form of a bond
or deposit of funds or securities in escrow sufficient to cover the
costs to the owner of the required improvements, as estimated by the
Borough Engineer, that the said improvements will subsequently be
installed by the owner of said subdivided lot, tract or parcel of
land.
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 and properly recorded, and until the improvements required by Council in connection therewith shall have been either constructed or guaranteed as provided in §
270-8. Where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship, Council may make such reasonable exception thereto as will not be contrary to the public interest and may permit the sale of a lot, issuance of a permit or erection of a building, subject to such conditions necessary to ensure adequate streets and other public improvements.
A. Applications for construction permits shall be filed with the Borough
Secretary on the form supplied by the Borough and shall be accompanied
by four sets of plans and specifications prepared by a registered
professional engineer, setting forth the location and nature of work,
together with all engineering data necessary for completion of work
and shall be verified by an affidavit made by or on behalf of the
owner or owners. A fee in an amount as established from time to time
by resolution of Borough Council shall accompany each application
for construction permit.
B. All suburban- and city-type highways shall be graded to the full
width of the right-of-way. All culverts, bridges and storm sewers
shall be constructed for the width required for grading.
C. Where bridges, dams and/or other structures are placed on streams
with a drainage area of 1/2 square mile or larger, application for
a permit shall be made to the Water and Power Resources Board, Harrisburg,
Pennsylvania, by the person in interest, and a copy of such permit
filed with the Borough Engineer.
D. Application for a construction permit shall include construction
items and quantities of all planned work.
E. Means of ingress and egress for vehicles to and from each lot or
parcel shall be shown on the plans for installment in accordance with
existing Borough regulations for depressed curbs and driveways across
sidewalks.
F. Upon the approval of the construction application and plans and specifications
by the Borough Engineer, the Secretary shall issue a construction
permit to the owner of the property. The said owner shall pay the
cost of any material tests made and shall reimburse the Borough for
the necessary inspections at the rate as established from time to
time by resolution of Borough Council for each day that a Borough
Inspector is on the work site; provided, however, that if the owner
shall employ a registered professional engineer to supervise and inspect
construction, who shall file with the Borough Engineer a certificate
that the construction has been carried out in compliance with the
approved plans and Borough specifications, the foregoing inspection
charge at the rate per day, as established from time to time by resolution
of Borough Council, shall not be made.
Where connection with the sanitary sewer system of the Borough
is practicable, the owner, by special arrangement with the Council,
shall install sanitary sewers and sewer laterals in conformity with
Borough specifications for sanitary sewer construction before streets
and roads shown on the plans are constructed. All gas, water, electric
and other mains, pipes and conduits, together with all service connections
or laterals, shall be laid, when the need for the same can be reasonably
anticipated, before the streets and roads shown on the plans are constructed.
When any highway outlined in the construction permit shall have
been completed in accordance with the terms of this chapter and in
strict accordance with the Borough specifications now in effect or
hereafter adopted, as the case may be, relating to such type of work,
the Borough shall accept, by ordinance, the dedication of such highway
or highways.
The Borough Engineer shall be notified by the owner or contractor
at least 24 hours in advance of the commencement of any construction
operation, such as grading, sewer installation, or paving, in order
that provision may be made for the proper inspection of such construction
operation. Samples of materials and every reasonable facility for
ascertaining whether the work is in conformity with the provisions
of this chapter shall be furnished to the proper officers and employees
of the Borough in the same
manner as is required of contractors under the terms of the construction
specifications of the Borough.
For any replanning or any other redivision of land, the same
rules and regulations will apply as for the original subdivision.
[Amended 1-17-1983 by Ord. No. 1009]
Any person who shall subdivide any lot, tract or parcel of land
or lay out, construct, open or dedicate any street, sanitary sewer,
storm sewer or water main for public use or travel or for the common
use of occupants of buildings abutting thereon or shall sell any lot
or erect any building without having first complied with all the provisions
of this chapter and of the Act of 1968, July 31, P.L. 805, Article
V (53 P.S. §§ 10501 to 10516) shall, as provided in
the law, be guilty of a misdemeanor and, upon conviction thereof,
such person or the members of a partnership or the officers of a corporation
responsible for such violation shall be sentenced to pay a fine not
exceeding $1,000, in the discretion of the court.
[Added 7-25-2000 by Ord. No. 1152]
A. Application fees. All applications for subdivisions shall be submitted
on forms provided by the Borough and shall be accompanied by application
fees in an amount as established from time to time by resolution of
Borough Council. Application fees shall be paid for:
B. Engineering, legal and consultant fees. The applicant shall be responsible
for the actual cost of the Borough Engineer's plan review, field
inspections, report preparation, etc. The applicant shall also bear
the cost of the Borough Solicitor or other consultants (i.e., traffic
lighting, etc.), as billed to the Borough at a normal rate charged
for such services.
C. Method of payment.
(1) Upon initial submission of an application under Subsection
A(1) and
(2) above, the applicant shall deposit a sum as set from time to time by resolution of the Borough Council with the Borough. From this amount will be deducted any fees accruing from Subsections
A and
B above. At the completion of the project, any monies remaining on deposit after all fees are collected shall be returned to the applicant. If at any time during the progression of the project the sum of all fees exceeds the amount of deposit, the applicant shall pay to the Borough an amount equal to the balance. Any required permits or bond money will be withheld until such time the balance is received.
(2) Upon initial submission of an application under Subsection
A(3) above (for five or more lots), the applicant shall submit a deposit as set from time to time by resolution of Borough Council to the Borough. From this amount will be deducted any fees accruing from Subsections
A and
B above. At the completion of the project, any monies remaining on deposit after all fees are collected shall be returned to the applicant. If at any time during the progression of the project the sum of all fees exceeds the amount on deposit, the applicant shall pay to the Borough an amount equal to the balance. Any required permits or bond money will be withheld until such time as the balance is received.
D. Site plan review fees. All applications for site plan review shall
be submitted on forms or in formats provided by the Borough and shall
be accompanied with an application fee in an amount to be established
from time to time by resolution of Borough Council. These fees shall
be for:
E. Engineering, legal and consultant fees. The applicant shall be responsible
to pay the actual cost of the Borough Engineer's plan review,
field inspection, report preparation, etc. The applicant shall also
bear the cost of the Borough Solicitor or other consultants (i.e.,
traffic lighting, etc.), as billed to the Borough at the normal rate
charged for such services.
F. Method of payment. Upon initial submission of the application, the applicant shall deposit a sum as set from time to time by resolution of the Borough Council with the Borough. From this amount will be deducted any fees accruing from Subsections
D and
E above. At the completion of the project, any monies remaining on deposit after all fees are collected shall be returned to the applicant. If at any time during the progression of the project the sum of all fees exceeds the amount on deposit, the applicant shall pay to the Borough an amount equal to the balance. Any required permits or bond money will be withheld until such time as the balance is received.