This chapter shall be known and may be cited as the "Borough
of Emsworth Subdivision and Land Development Regulations" or "Subdivision
Ordinance."
This chapter is adopted in accordance with the authority granted
to municipalities to regulate subdivisions and land developments by
the Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53
P.S. § 10101 et seq., as reenacted and amended, hereafter
referred to as the "MPC."
A.
The purpose of the Subdivision Ordinance is to regulate certain subdivision,
consolidation and land 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 rights-of-way, gutters,
storm and sanitary drainage facilities, walkways, stormwater management
and other required public facilities.
B.
Further, in order to assure the satisfactory development of sites within the Borough, all proposed developments must be reviewed in accordance with the provisions of Article III of this chapter, recommendation of the Planning Commission and approved by the Borough Council prior to the issuance of the zoning and building permits.
This chapter and subdivision regulations are made in accordance
with the community development objectives set forth in the Borough
Zoning Ordinance[1] and the Borough Comprehensive Plan as well as the Pennsylvania
Municipalities Planning Code, Act 247 of 1968,[2] as reenacted and amended and are intended to achieve the
following goals:
A.
To promote, protect and facilitate one or more of the following:
the public health, safety and general welfare; coordinated and practical
community development; proper density of population; civil defense;
disaster evacuation; the provision of adequate light and air, police
and fire protection; public ambulance service; vehicle parking and
loading space, transportation, water, sewage, 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.
Interpretation. The word "person" includes a corporation, association,
partnership or individual. The words "shall" and "will" are mandatory;
the word "may" is permissive. Words used in the present tense include
the future tense.
B.
APPLICANT
APPLICATION FOR DEVELOPMENT
ARCHITECT
BOROUGH
BOROUGH COUNCIL
BOROUGH ENGINEER
BUILDING
BUILDING, ACCESSORY
BUILDING LINE
BUILDING, PRINCIPAL
CARTWAY
CONSOLIDATION
CONSOLIDATION, MINOR
CONSTRUCTION STANDARDS
COUNTY
COUNTY PLANNING AGENCY
CUL DE SAC
DEVELOPER
DEVELOPMENT PLAN
DRIVEWAY, PRIVATE
ENGINEER
FINAL APPLICATION
FINAL PLAT
INSPECTOR
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
(3)
LANDOWNER
LANDSCAPE ARCHITECT
LOT
PLANNING COMMISSION
PLAT
PRELIMINARY APPLICATION
PRELIMINARY PLAT
PRIVATE IMPROVEMENTS
PUBLIC IMPROVEMENTS
PUBLIC MEETING
PUBLIC NOTICE
REGISTERED PROFESSIONAL
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, LOCAL
STREET, PRIVATE
STREET, PUBLIC
STREET, SERVICE
STRUCTURE
SUBDIVISION
SUBDIVISION, MINOR
SURVEYOR
WATERCOURSE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A landowner or developer who has filed an application for
a subdivision, consolidation or land development, including his or
her heirs, successors and assigns.
Any 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, consolidation or land development plan.
An architect registered by the Commonwealth of Pennsylvania.
See "registered professional."
Borough of Emsworth, Allegheny County, Pennsylvania.
The Borough Council of the Borough of Emsworth, Allegheny
County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by Borough Council to serve as the
Engineer for the Borough.
Any enclosed or open structure having a roof supported by
columns, piers, or walls.
A detached, subordinate building, the use of which is customarily
incidental and subordinate to that of the principal building and located
on the same lot as the principal building. Farm buildings not intended
for habitation are considered to be accessory buildings.
A line which designates the minimum distance that a building
must be erected from a street right-of-way line. Such distance shall
be measured at right angles from the front right-of-way which abuts
the property upon which said building is located and be parallel to
said right-of-way.
A building in which the primary use of the lot on which the
building is located is carried on.
That portion of the street right-of-way which is surfaced
for vehicular use.
A subdivision in which two or more lots, tracts, or parcels
of land are combined by changing lot lines to reduce the total number
of lots.
Any consolidation involving less than three lots and not
constituting a land development.
The standards prepared by the Borough Engineer and adopted
by resolution of Borough Council on July 12, 2000, as an appendix
to Street Opening Ordinance No. 913 copies of which are on file in
the office of the Borough Secretary.
Allegheny County, Pennsylvania.
The Allegheny County Department of Economic Development is
the official County Planning Agency.
A device used to allow traffic to turn around at the terminus
of street which has one end open to traffic. The cul-de-sac shall
be built in conformance with PennDOT Publication Series RC-0 to 100,
Standards of Roadway Construction.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who proposes, makes, or causes to be
made a subdivision, consolidation or land development.
A plan which encompasses a proposed land development, which,
in addition to a plat of subdivision, including a planned residential
development, if required, includes all covenants relating to the use
of the land; the proposed 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. The land development plan shall include all of the written
and graphic information required by this chapter.
A vehicular access route serving only one parcel or lot which
provides access to a public street, but which does not provide access
to any other lot or parcel under separate ownership. All private driveways
shall conform to the Borough's minimum construction standards.
A professional engineer registered by the Commonwealth of
Pennsylvania. See "registered professional."
The written and graphic materials specified by this chapter
to be submitted to the Borough in order to obtain final approval of
a proposed subdivision, consolidation or land development plan.
The map or plan of a proposed subdivision, consolidation
or land development containing all the information required by this
chapter and the Allegheny County subdivision regulations for final
plat approval and in a form acceptable for recording in the office
of the Allegheny County Recorder of Deeds.
The Borough Engineer or his or her authorized representative
assigned by Council to make any or all necessary inspections of the
work performed and materials furnished by the developer or the developer's
contractors selected to install the improvements required by this
chapter.
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; and
Development in accordance with the most current version of the
Pennsylvania Municipalities Planning Code.[1]
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 persons having a proprietary interest in the land.
A landscape architect registered by the Commonwealth of Pennsylvania.
See "registered professional."
A tract of land in a plan or subdivision, consolidation or
land development or any other parcel of land described in a deed or
legal instrument pursuant to the laws of the Commonwealth of Pennsylvania
intended to be used as a unit for development or transfer of ownership.
Emsworth Borough Planning Commission.
A map or plan, either preliminary or final, indicating the
subdivision, consolidation or redivision of land or a land development.
The written and graphic materials specified by this chapter
to be submitted to the Borough in order to obtain preliminary approval
of a proposed subdivision, consolidation or land development.
The map or plan of a proposed subdivision or land development
which contains all of the information required by this chapter for
approval of a preliminary plat.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers and other facilities to be owned, maintained
or operated by a private entity such as an individual, corporation
or homeowners' association for which plans and specifications must
comply with the provisions of this chapter and Borough construction
standards.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers and other facilities to be dedicated to
and accepted by or maintained by the Borough for which plans and specifications
must comply with the provisions of this chapter and Borough construction
standards.
A forum held pursuant to public notice under 65 Pa.C.S.A.
Ch. 7 (relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or less than seven days from the date
of the hearing.
An individual, licensed in the Commonwealth of Pennsylvania
to perform services or activities required by provisions of this chapter
and qualified by training and experience to perform the specific services
and/or activities with technical competence.
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct or any other way, whether public or private,
used or intended to be used by vehicular or pedestrian traffic.
A public street which serves large volumes of local and through
traffic which collects and distributes traffic from collector streets
through the region.
A public street which, in addition to providing access to
abutting lots, intercepts local streets and provides a route for carrying
considerable volumes of local traffic to community facilities and
arterial streets.
A street designed to provide access to abutting lots and
to discourage through traffic.
A street, including the entire private right-of-way, which
is privately owned and maintained through private agreement and which
is intended for private use. A private street provides access to several
lots or parcels which do not have access to a public street and which
require access to a public street through the private street. (See
also "driveway, private.")
A street, including the entire public right-of-way, which
has been dedicated to and accepted by the Borough or which has been
devoted to public use by legal mapping, use or other means.
A short street or alley, whether public, or private, designed
only to provide secondary access to a structure or group of structures
or to parking and loading facilities accessory to the structures and
which is not intended for general traffic circulation.
Any assembled, erected or constructed object having a stationary
location on or in land or water, whether or not it is affixed to the
land. This includes, but is not limited to, gazebos, storage sheds
or containers, freestanding posts, pillars and similar uses.
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.
Any subdivision of three lots or less and not requiring any
new street, sanitary or storm sewer extensions, or access easement.
A professional registered land surveyor in the Commonwealth
of Pennsylvania.
A channel, creek, drain, river or stream.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
