This chapter may be cited as the "Bell Acres
Borough Subdivision Regulations."
The purpose of this chapter is the promotion
of the health, safety, morals, convenience and general welfare of
the present and future inhabitants of Bell Acres Borough and the preservation
of the natural environment and resources by:
A.
Providing reasonable growth for the land and resources
located within this Borough;
B.
Providing for adequate natural light, air and privacy;
C.
Securing safety from fire, flood and other danger;
D.
Avoiding overcrowding of the land and undue congestion
of population;
E.
Guiding public and private policy and action in order
to provide adequate and efficient transportation, water, sewerage,
recreation and public improvements and facilities;
F.
Establishing reasonable standards of design and procedures
for subdivision and land development and use of land;
G.
Ensuring the availability of public facilities and
their capacity to serve the proposed subdivision or development;
H.
Ensuring that streets in and bordering a subdivision
or land development be coordinated and be of such widths and grades
and in such locations as are deemed necessary to accommodate prospective
traffic and facilitate fire protection and the passage of other emergency
vehicles;
I.
Ensuring the adequacy of drainage facilities, including
adequate easements and rights-of-way to be provided, and encouraging
the appropriate use and management of natural resources;
J.
Assuring that the land that is subject to flooding,
subsidence or underground fires either shall be made safe for the
purposes for which such land is proposed to be used or that such land
shall be set aside for uses which shall not endanger life or property
or further aggravate or increase the existing menace;
K.
Encouraging and promoting flexibility, economy and
ingenuity in the layout and design of subdivisions and land developments,
including provisions authorizing the planning agency to alter site
requirements and encouraging other practices which are in accordance
with modern and evolving principles of site planning and development;
and
L.
Continuing to preserve the character of the Borough
as a rural area.
The provisions of this chapter shall be interpreted
to be the minimum requirements for the promotion of public health,
safety and general welfare.
This chapter shall not in general apply to any
existing lot or development, provided that such lot or development
was in a legally subdivided, recorded plan on the effective date of
this chapter.
The Borough Planning Commission and the Zoning
Officer are hereby designated as the reviewing authorities for the
Borough of Bell Acres.
No subdivision or land development of any lot,
tract or parcel of land shall be made, and no street, sanitary sewer,
storm sewer, water main or other improvements 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 after approval of plats in accordance with the provisions
of this chapter.
The Council may grant a modification of the
requirements of one or more provisions if the literal enforcement
will exact undue hardship because of conditions pertaining to the
land in question, provided that such modification will not be contrary
to the public interest and that the purpose and intent of the chapter
is observed. All requests for modification shall be in writing and
shall accompany and be a part of the application for development.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision of the chapter
involved and the minimum modification necessary. The modification
shall be referred to the planning commission for comments. A written
record shall be kept of all action on all requests for modification.
In the event that any improvement which may
be required has not been installed as provided by this chapter, or
in accord with the approved final plat, the governing body shall enforce
any corporate remedies and shall take such other action as is appropriate
and authorized by law. In addition to other remedies, the municipality
may institute and maintain appropriate actions in law or equity to
restrain, correct or abate violations and to prevent unlawful occupancy
of a building, structure or premises. The description by metes and
bounds in the instrument of transfer or other documents used in the
process of selling or transferring shall not exempt the seller or
transferor from such penalties or from the remedies herein provided.
Attached to this chapter are appendices detailing
specifications with respect to standards set forth in this chapter.
These appendices may be changed from time to time by resolution of
the Borough Council by following procedures to amend a subdivision
ordinance under the Borough Code, as Borough conditions and accepted
engineering practices warrant.[1]
[1]
Editor's Note: The appendices appear at the
end of this chapter.
As used in this chapter, except where the context
clearly indicates otherwise, the following words or phrases have the
meanings indicated below.
A landowner, or holder of an agreement to purchase land,
lessee or other person having a proprietary interest in land or the
heirs, successors or assigns of such person who has filed an application
for subdivision of land or land development.
An application, either preliminary or final, required to
be filed and approved prior to the start of land development or subdivision
and which is complete in all respects as required by this chapter.
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 governing body of Bell Acres.
Allegheny County, Pennsylvania.
A short street having one end open to traffic and being permanently
terminated.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, streets
and other paving, utilities, filling, grading, excavation, mining,
dredging or drilling operations and the subdivision of land.
The improvement of one 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 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 is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land.
The Borough of Bell Acres.
At least 10 acres of land, controlled by one landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of buildings, density, lot coverage and required open space to the regulations established in any one residential district of Chapter 165, Zoning.
The planning commission of the Borough of Bell Acres, Allegheny
County, Pennsylvania.
Any river, run, creek or other drainage course draining surface
water in which standing or flowing water is clearly visible throughout
most of the year.
A right-of-way intended primarily for vehicular traffic and
usually providing for utilities and pedestrian travel. A street may
be designated by other appropriate names such as highway, thoroughfare,
boulevard, parkway, road, avenue, drive, lane or place. A street may
also be identified according to type of use as follows:
ARTERIAL STREETSStreets providing traffic movements between traffic generation areas.
COLLECTOR STREETSStreets providing connection primarily between regional streets or regional and local streets.
LOCAL STREETSStreets serving primarily as access to abutting properties and not intended as major arteries carrying through traffic.
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 division of land for agricultural purposes
into parcels of more than 10 acres, not involving any new street,
shall be exempted.
