The Borough of Punxsutawney, Pennsylvania, has the power to approve plots for subdivisions within its corporate limits under authority vested in the Borough Council by Article XVI-G of the Borough Code.[1]
[1]
Editor's Note: For current statutory provisions regarding subdivision and land development, see 53 P.S. § 10501 et seq.
These subdivision regulations have been adopted in order to create conditions favorable to the health, safety, morals, convenience and general welfare of the citizens of the Borough of Punxsutawney through the enforcement of regulations that will ensure the harmonious development of the community.
These regulations shall be known and may be cited as the "Subdivision Regulations of the Borough of Punxsutawney."
A. 
Subdivision of land. No subdivision of any lot, tract or parcel of land shall be erected and no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon except in strict accordance with the provisions of these regulations.
B. 
Recording of plan. It shall not be lawful to receive or record any subdivision plan in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the Subdivision Committee of the Borough of Punxsutawney.
C. 
Sale of lots, issuance of building permits or erection of building. 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 until a subdivision plan has been approved and recorded with the office of the recorder of deeds of the County of Jefferson and until the improvements required herein in connection therewith have either been constructed or guaranteed as hereinafter provided. Where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship, the Subdivision Committee may make such reasonable exception thereto as will not be contrary to the public interest and may permit the erection of a building, subject to conditions necessary to assure adequate streets and other public improvements.
A. 
Word usage. In order to eliminate ambiguity, the following shall apply throughout these regulations:
(1) 
All words used in the present tense include the future tense.
(2) 
All words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise.
(3) 
The word "may" is permissive, and the words "shall" and "will" are mandatory.
(4) 
The word "person" includes a corporation, unincorporated association and a partnership, as well as an individual.
(5) 
The word "plan" includes "replat," "replan," "resubdivision," "plat" and "site development."
(6) 
The word "building" includes "structure" and shall be construed as if followed by the phrase "or part thereof."
(7) 
The word "street" includes "avenue," "boulevard," "court," "expressway," "highway," "lane" and "road."
(8) 
The word "watercourse" includes "channel," "creek," "ditch," "drain," "dry run," "spring" and "stream."
(9) 
The word "used" includes "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used."
(10) 
The word "abut" includes "directly across from."
B. 
Definition of terms. As used in these regulations, the following terms, listed alphabetically, shall be defined as follows:
ALLEY
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
BLOCK
An area bounded by streets, railroads, public facilities or other rights-of-way or easements or other definite barriers.
BOROUGH COUNCIL
The Punxsutawney Borough Council.
BOROUGH SUBDIVISION COMMITTEE
The Punxsutawney Borough Planning Commission.[1]
BUILDING
Any structure or part thereof affixed to the land.
BUILDING LINE
A line which is a specified distance from and generally parallel to the street right-of-way line or lines upon which the lot abuts. Between the setback and right-of-way lines, enclosed structures or portions thereof are prohibited.
COMMISSION ENGINEER
The Borough Engineer, if said office exists, and, if not, the Commission Engineer shall be the registered civil engineer designated by the Planning Commission to perform all administrative and/or supervisory duties required of the Commission Engineer by the provisions of these regulations.
COMPREHENSIVE PLAN (MASTER PLAN)
The complete plan or any of its parts for the development of the Borough of Punxsutawney, prepared by the Planning Commission and adopted in accordance with the Code pertaining to boroughs.[2]
COUNTY
Jefferson County, Pennsylvania.
COUNTY PLANNING COMMISSION
The Planning Commission of Jefferson County.
CUL-DE-SAC
A minor street having one end open to traffic and being permanently terminated by a vehicle turn-around.
DEDICATION
The deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as one compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
DEVELOPER
An individual, firm, association, syndicate, partnership, corporation, trust or other legal entity, or agent thereof, that undertakes the activities covered by these regulations, particularly the drawing up of the subdivision plan showing the layout of the land and the public improvements involved therein. Inasmuch as the subdivision plan is merely a necessary means to the end of assuring satisfactory development, the term "developer" is intended to include the term "subdivider," "owner" and "builder," even though the persons involved in successive stages of the project may vary.
EASEMENT
A right-of-way granted for limited use of private land for a public or quasi-public purpose.
ENGINEER and SURVEYOR
A person licensed to practice in the Commonwealth of Pennsylvania as a registered professional engineer or registered surveyor.
IMPROVEMENTS
Physical changes made to the raw land and structures placed on or under the land in order to improve acreage for certain specified uses. Typical improvements would be grading, paving, curbs, buildings, gutters, storm sewers, sanitary sewers, waterworks, street signs, shade trees, sodding, seeding and monuments.
LOT
A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership, use or for development.
LOT AREA
The computed area contained within the lot lines, excluding land within any street right-of-way, but including the land within easements on the lot.
LOT DEPTH
The average horizontal distance between the front and rear property lines of a lot.
LOT, DOUBLE FRONTAGE
A lot having two or more of its nonadjoining property lines abutting upon a street or streets.
LOT, REVERSE FRONTAGE
A double frontage lot which fronts on an arterial and a minor street, but limits its access to the minor street.
LOT WIDTH
The distance, measured along the building setback line, between the side property lines of a lot.
PLAN, FINAL
A complete and exact subdivision plan prepared for official recording by a registered engineer or surveyor.
PLAN, PREAPPLICATION SKETCH
An informal plan indicating the general layout of the proposed subdivision.
PLAN, PRELIMINARY
A formal plan which shows existing features of the land within and adjacent to the subdivision and the proposed streets, utilities and lot layout.
PLAT or PLAN
A map indicating the subdivision or resubdivision of land, intended, in its final stage, to be filed for record.
RIGHT-OF-WAY
Land reserved for use as a street, alley, interior walk or for other public purpose.
SETBACK or BUILDING LINE
The line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way.
STREET
A strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian circulation. Classes of streets are as follows:
(1) 
MAJOR TRAFFIC STREETSThose serving large volumes of comparatively high-speed and long-distance traffic.
(2) 
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept minor streets and provide routes, carrying considerable volumes of traffic, to community facilities and to major traffic streets.
(3) 
MINOR STREETSThose used primarily to provide access to abutting property.
(4) 
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with and access on the major traffic streets.
SUBDIVIDER
The owner or authorized agent of the owner of a subdivision.
SUBDIVISION
The division by the owner, including grantors and devisors, of a single lot, tract or parcel of land or a part thereof, either by lots or by metes and bounds, into two or more lots, tracts or parcels of land, including lots, tracts or parcels of land retained by the owner or owners 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 street or easement of access, shall be exempted. The term "subdivision" includes "resubdivision" and, as appropriate in these regulations, shall refer to the process of subdividing land or to the land subdivided.
(1) 
MINOR SUBDIVISIONThe division of any lot, tract or parcel of land or a part thereof into less than five 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, where such division, change or transfer does not abut a street of insufficient width and does not require that a street be laid out through unimproved land; provided, however, that divisions of land for agricultural purposes in parcels of more than 10 acres, not involving any new street or easement of access shall be exempted.
(2) 
MAJOR SUBDIVISION
(a) 
The division of any lot, tract or parcel of land or a part thereof into two or more lots, tracts or parcels of land which abut a street of insufficient width or require that a street be laid out through unimproved land, or the division of any lot, tract or parcel of land into five 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 street or easement of access, shall be exempted.
(b) 
Any development of a parcel of land, for example, as a shopping center, an industrial park or a multiple dwelling project, which involves installation of streets and/or alleys, even though the streets and alleys may not be dedicated to public use and the parcel may not be divided immediately for purposes of conveyance, transfer or sale.
[1]
Editor's Note: See Ch. 53, Planning Commission.
[2]
Editor's Note: See 53 P.S. § 45101 et seq.