This chapter establishes rules, regulations and standards governing the subdivision and development of land within the Borough of Westmont, Cambria County, Pennsylvania, pursuant to the authority set forth in Article V of the Pennsylvania Municipalities Planning Code,[1] and sets forth procedures to be followed by the Westmont Borough Planning Committee and the Westmont Borough Council in administering and amending these rules, regulations and standards and prescribes penalties for the violation thereof.
This chapter shall be known and may be cited as the "Westmont Borough Subdivision and Land Development Regulations of 1981."
These regulations are adopted to protect, promote and create conditions favorable to the health, safety, morals and general welfare of the citizens by:
A.
Encouraging and promoting flexibility, economy and ingenuity in the layout and design of subdivisions and land development, including the provisions authorizing the Westmont Borough Planning Committee to alter site requirements and for encouraging other practices which are in accordance with modern and evolving principles of site planning and development.
B.
Assuring sites suitable for building purposes and human habitation.
C.
Providing for the harmonious development of the Borough as outlined in the Westmont Borough Comprehensive Plan.
D.
Assuring coordination of existing streets and highways with proposed streets, parks or other features of the official plan or map of the Borough.
E.
Providing for adequate open spaces for traffic, recreation, light and air and for proper distribution of population.
F.
Assuring equitable and just processing of subdivision plans by providing uniform procedures and standards for the observance of both the subdivider and Borough officials.
H.
Utilizing and preserving the desirable existing natural drainage systems.
I.
Encouraging recharge of groundwaters.
J.
Maintaining the existing flows and quality of streams and watercourses in the municipality and the commonwealth.
K.
Preserving and restoring the flood-carrying capacity of streams.
L.
Providing for proper maintenance of all permanent stormwater management structures which are constructed in the municipality.
A.
Tense, gender and number. Words in the singular include the plural and those in the plural include the singular; words in the present tense include the future tense; words used in the masculine gender include the feminine and neuter.
B.
General terms. The words "person," "subdivider" and "owner" include a corporation, unincorporated association and a partnership or other legal entity, as well as an individual. The word "building" includes structures and shall be construed as if followed by the phrase "or part thereof." The word "watercourse" includes channel, creek, ditch, drain, dry run, spring and stream. The words "should" and "may" are permissive; the words "shall" and "will" are mandatory and directive.
C.
Terms or words not defined. Where terms or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:
The removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur because of the natural processes alone.
A tract of land, a lot or groups of lots bounded by streets, public parks, railroad rights-of-way, watercourses, boundary lines of the Borough, unsubdivided land or by any combination of the above.
A structure having a roof supported by columns or walls for the shelter of persons, animals, chattels or property. When separated by walls which are common with the walls of adjoining dwellings, each portion of such structure shall be considered a separate building. It shall include any overhang, projection or roof extending beyond a wall or support and sun parlors and covered porches, whether enclosed or unenclosed, but does not include walks, steps or terraces.
The line within a property defining the minimum required distance between any building to be erected and an adjacent right-of-way. Such line shall be measured at right angles from the front street right-of-way line which abuts the property upon which said building is located and shall be parallel to said right-of-way line.
The portion of a street right-of-way, paved or unpaved, intended for vehicular use.
An underground reservoir or tank for storing rainwater.
An area of unobstructed vision at the street intersection defined by lines of sight between points at a given distance from the intersection of street center lines.
Cambria County, Commonwealth of Pennsylvania.
The Cambria County Planning Commission.
A publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street.
A structure with appurtenant works which carries surface water under or through an embankment or fill.
The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
The magnitude of precipitation from a storm event, measured in probability of occurrence (e.g., fifty-year storm) and duration (e.g., twenty-four-hour) and used in computing stormwater management control systems.
A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. A "detention basin" can be designed to drain completely after a storm event, or it can be designed to contain a permanent pool of water.
Any structure or part thereof designed to be occupied as living quarters for a single housekeeping unit.
A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the grantor shall not erect any permanent structure, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
A licensed professional engineer registered in the Commonwealth of Pennsylvania.
The removal of soil particles by the action of water, wind, ice or other geological agents.
Replenishment of existing natural underground water supplies.
A surface which prevents the penetration of water into the ground.
A structure designed to direct runoff into the ground, e.g., french drains, seepage pits and seepage trenches.
Any of the following activities:
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, or 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 subdivision of land.
Development in accordance with 53 P.S. § 10503(1.1).
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.[2]
The area contained within the property lines of a lot excluding space within all streets and within all permanent drainage easements, but including the areas of all other easements.
A metal pipe or pin of at least one-half (1/2) inch in diameter and at least 24 inches in length.
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.[3]
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.[4]
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.[5]
A stone or concrete monument with a flat top at least four inches in diameter or square and at least 24 inches in length. "Stone monuments" shall contain an indented cross or one-fourth-inch drill hole. "Concrete monuments" shall contain a copper or brass dowel (plug).
The Comprehensive Development Plan and/or Official Map and/or Topographical Survey and/or such other plans or portions thereof as may have been adopted by the Borough Council pursuant to statute for the area of the Borough in which the subdivision is located.
An all-weather permanent surface composed of bituminous or concrete material applied over a base of stone or slag and used to convey motor vehicles.
The maximum rate of flow of water at a given point and time resulting from a storm event.
The Planning Commission or Committee of Westmont Borough.
The copy of the final plan which contains the original endorsements of the Borough Planning Committee and Borough Council and which is intended to be recorded with the County Recorder of Deeds.
A lot extending between and having frontage on two generally parallel streets, excluding service streets, with vehicular access solely from one street.[6]
[Amended 10-13-1992 by Ord. No. 698]
The total width of any land reserved or dedicated as a street, alley, crosswalk or for other public or semipublic purposes.
See "cartway."
That part of precipitation which flows over the land.
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a temporary central treatment and disposal plant, generally serving a neighborhood area.
Any structure designed to biochemically treat sanitary sewage within the boundaries of an individual lot.
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by water.
A covered watertight settling tank in which raw sewage is biochemically changed into solid, liquid and gaseous states to facilitate further treatment and final disposal.
Grass swale for stormwater control.
The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made from a point 4 1/2 feet above the center line of the road surface to a point 1/2 foot above the center line of the road surface.
A field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.
The solicitor appointed by the Westmont Borough Council, or his duly authorized representative.
The rules and regulations for controlling stormwater generated from development, as set forth in Ordinance No. 763, known as the "Stormwater Management Ordinance of Westmont Borough." (Chapter 191 of the Westmont Borough Code)
[Amended 10-13-1992 by Ord. No. 698; 6-11-2002 by Ord. No. 766]
A strip of land, including the entire right-of-way (not limited to the cartway), intended for use by the general public as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes street, avenue, boulevard, road, highway, freeway, thoroughfare, parkway, lane, alley, viaduct and other terms that are used to describe the movement of vehicular or pedestrian traffic, whether public or private in nature.
Streets are further defined as follows:
MINOR STREETA street used primarily to provide access to abutting properties.
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating at the other end by a permanent vehicular turnaround.
HALF (PARTIAL) STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.
MARGINAL ACCESS STREETA minor street, parallel and adjacent to a major street, but separated from it by a reserve strip, which provides access to abutting properties and controls intersections with the major street.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route and gives access to community facilities and/or other collector and major streets. (Streets in industrial and commercial subdivisions shall generally be considered "collector streets.")
MAJOR STREET (MINOR ARTERIAL)A street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
SERVICE STREETA minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
[Amended 10-13-1992 by Ord. No. 698]
Any individual, firm, partnership, association, corporation, estate, trust or any other group or combination acting as a unit, or agent authorized thereby, which undertakes the subdivision of land, as defined by these regulations, as the owner, equitable owner or agent authorized thereby of the land being subdivided.
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, 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.
[Amended 10-13-1992 by Ord. No. 698]
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of land which gathers or carries surface water runoff.
A system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood.
A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.
The agent or official designated by the Borough Council to administrate and enforce the Westmont Borough Zoning Ordinance.[7]
[Amended 10-13-1992 by Ord. No. 698]