This chapter shall be known and may be cited as the "Township
of Union Subdivision and Land Development Ordinance" or just the "Subdivision
Regulations."
This chapter is adopted in accordance with the authority granted
to municipalities to regulate subdivision and land development by
the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as
amended (53 P.S. § 10101 et seq.).
The purpose of this chapter is to regulate all land subdivision, consolidation and development activities in the Township 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; the provision of adequate easements or rights-of-way, gutters, storm and sanitary drainage facilities, walkways, stormwater management and other required public facilities; and the proper design of land developments in accordance with the requirements of this chapter and Chapter 280, Zoning.
This chapter is made in accordance with the community development objectives set forth in Chapter 280, Zoning, and is 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 recreation, open space and harmonious
design; the provision of adequate light and air, police protection,
vehicle parking and loading space, transportation, water, sewerage,
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. The word "building" includes "structure
or any part thereof." Words used in the present tense include the
future tense. Words in the masculine gender shall include the feminine
gender.
B.
ACCESSORY USE OR STRUCTURE
AMENITIES BOND
APPLICANT
APPLICATION FOR DEVELOPMENT
ARTERIAL STREET
BOARD OF SUPERVISORS
BUILDING
BUILDING LINE
CARTWAY
CLEAR SIGHT TRIANGLE
COLLECTOR STREET
CONDOMINIUM
CONSOLIDATION
CONSTRUCTION STANDARDS
COUNTY
COUNTY PLANNING COMMISSION
CROSSWALK
CUL-DE-SAC
DEVELOPER
DOUBLE FRONTAGE LOT
DRIVEWAY, PRIVATE
DWELLING
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING MULTIFAMILY
DWELLING UNIT
EASEMENT
ENGINEER
FAMILY
(1)
(2)
(3)
(4)
(5)
FEE
FINAL APPLICATION
FINAL PLAT
FLAG LOT
FRONT BUILDING LINE
FRONTAGE
INSPECTOR
LAND DEVELOPMENT
(1)
(a)
(b)
(c)
(2)
(3)
LAND DEVELOPMENT PLAN
LANDOWNER
LOT
LOT AREA
LOT, DOUBLE FRONTAGE
MAINTENANCE BOND
MAJOR SUBDIVISION
MEDIATION
MINOR SUBDIVISION
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME PARK LOT
MOBILE HOME STAND
OFFICIAL DATE OF FILING
ORDINANCE
PARCEL
PERFORMANCE BOND
PLANNING COMMISSION
PLAT
PRELIMINARY APPLICATION
PRELIMINARY PLAT
PRINCIPAL BUILDING OR STRUCTURE
PRINCIPAL USE
PRIVATE DRIVEWAY
PRIVATE IMPROVEMENTS
PRIVATE STREET
PUBLIC HEARING
PUBLIC IMPROVEMENTS
PUBLIC MEETING
PUBLIC NOTICE
RECREATIONAL VEHICLE
RESUBDIVISION or REPLATTING
RIGHT-OF-WAY
SERVICE OR RECREATIONAL BUILDING
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, LOCAL
STREET, PRIVATE
STREET, PUBLIC
STREET, SERVICE
STRUCTURE
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SURVEYOR
TOWNSHIP ENGINEER
TOWNSHIP SOLICITOR
WATERCOURSE
ZONING OFFICER
ZONING ORDINANCE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A use or structure, located on the same lot with the principal
use or structure, that is subordinate and incidental to the principal
structure or use of the property and which may occupy a separate structure
and/or area on or in the ground, including but not limited to storage
sheds, garages, swimming pools, decks, fences, patios and similar
structures.
Surety, in a form acceptable to the Township, in the form
of cash, a certified check, a letter of credit or a corporate performance
bond from a Pennsylvania licensed surety company, which guarantees
the satisfactory completion of those private improvements in a subdivision
or land development plan which are required by this chapter or are
voluntarily proposed by the developer.
A landowner or developer who has filed an application for
a subdivision or 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 or land development.
See "street, arterial."
The Board of Supervisors of the Township of Union, Washington
County, Pennsylvania.
Any structure having enclosing walls and roofs and having
a permanent location on the land.
See "front building line."
That portion of the street right-of-way which is surfaced
for vehicular use, excluding shoulders and curbs.
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 as illustrated in Appendix I.[1]
See "street, collector."
A building where each unit in the structure is individually
owned and the owner of each unit has an undivided interest in the
common areas and facilities of the structures and surrounding grounds.
The combination of two or more lots, tracts or parcels of
land for the purpose of sale, lease or development of a building or
lot.
A document entitled "Township of Union Construction Standards,"
prepared by the Township Engineer, adopted and amended from time to
time by resolution of the Board of Supervisors upon recommendation
of the Township Engineer, copies of which are on file in the office
of the Township Secretary.
Washington County, Pennsylvania.
Washington County Planning Commission.
A publicly or privately owned right-of-way for pedestrian
use extending from one curb to the opposite curb across a public or
private street cartway.
A street having one end open to traffic and being permanently
terminated by a vehicle turnaround, including a court or dead-end
street.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who proposes, makes or causes to be
made a subdivision of land or a land development.
A lot having two or more of its nonadjoining property lines
abutting a street or streets, usually having front and rear street
frontage.
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. (See also "street,
private.")
A building designed exclusively as living quarters for one
or more families, including single-family, two-family and multifamily
dwellings, but not including hotels, motels or boardinghouses.
A detached residential building which is the only principal
structure on the lot, designed exclusively for occupancy by one family,
as defined herein, and containing one dwelling unit, as defined herein.
A residential building which is the only principal structure
on the lot, designed exclusively for occupancy by two families living
independently of each other, and containing two dwelling units, each
with a separate entrance directly to the outside, including double
houses and duplexes.
A residential building designed exclusively for occupancy
by three or more families living independently of each other and containing
three or more dwelling units, including garden apartments and townhouses.
Two or more rooms designed for or occupied by one family
only and containing sleeping facilities, cooking and food storage
facilities and, in a separate room, toilet and tub or shower, with
hot and cold water supply, all for the exclusive use of the family
occupying the dwelling unit.
A grant of one or more property rights by the property owner
to and for use by the public, a corporation or another person or entity,
within which no permanent structure may be erected, the use of which
shall not be inconsistent with the rights of the grantee.
A professional engineer licensed as such in the commonwealth
with training and experience in civil engineering. The use of the
word "engineer" shall not exclude the practice of topographic surveying
as provided for by the laws of the commonwealth.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that three or more persons
living together in a single dwelling unit, who are not related by
blood, adoption or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, one or more of the following criteria shall
be present:[2]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
The required charge established from time to time by resolution
of the Board of Supervisors, collected to defray the costs of processing
an application, reviewing an application or inspecting the installation
of public improvements, which shall be payable to the Township.
The written and graphic materials specified by this chapter
to be submitted to the Township in order to obtain final approval
of a proposed subdivision or land development plan.
The map or plan of a proposed subdivision or land development
containing all the information required by this chapter and the Washington
County Subdivision Regulations for final plat approval and in a form
acceptable for recording in the office of the Washington County Recorder
of Deeds.
A lot which has less than the minimum required lot width
along a public or private street right-of-way, but which provides
the minimum required lot width at a distance from the lot frontage
which is usually in excess of the minimum required front yard setback,
and which lot includes a strip of land in fee simple ownership for
access from the public or private street to the buildable area of
the lot which lies behind another property which fronts on the public
or private street.
A line parallel to or concentric with the front lot line, the minimum measurement of which is the front yard depth required by Chapter 280, Zoning.
That lot line which abuts the right-of-way of a public or
private street.
The Township Engineer or his/her authorized representative
assigned by the Board of Supervisors to make any or all necessary
inspections of the work performed and materials furnished by the developer
or the 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, including any change of use,
structural alteration or other improvement to the land which results
in additional land coverage by structures and/or paving or the construction
of stormwater management facilities; 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
Developments authorized to be excluded from the regulation of land development by § 242-8 of this chapter.
A plan which encompasses a proposed land development, which,
in addition to a plat of subdivision, 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, if any. The land development plan shall
include all of the written and graphic information required by this
chapter.
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 designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
The total area within the lot lines, excluding the area within
any street right-of-way.
See "double frontage lot."
Surety, in a form acceptable to the Township, in the form
of cash, a certified check, a letter of credit or corporate bond from
an approved surety company, which guarantees the repair or maintenance
of the improvements required by this chapter for a specified period
after their completion and acceptance by the Township.
A subdivision containing four or more lots or any subdivision,
regardless of the number of lots, which involves the creation, extension
or improvement of any public street
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A subdivision containing not more than three lots, proposed
either for the construction of single-family dwellings or two-family
dwellings or for the transfer of property between lots which contain
existing single-family dwellings or two-family dwellings, all of which
have frontage on an existing public or private street or a new private
street which is approved in accordance with the requirements of this
chapter, and which may or may not involve the construction or extension
of any public improvements, and which does not adversely affect the
future development of the remainder of the parcel or any adjoining
property.
Any transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit or in
two units designed to be joined into one integral unit capable of
later being separated for repeated towing, which arrives at a site
complete and ready for occupancy except minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
permanent foundation.
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.
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
The plan layout for a mobile home park, whether preliminary
or final.
That part of an individual mobile home lot which has been
reserved for the placement of a mobile home, including but not limited
to any structure on or appurtenant to a mobile home lot which provides
utility service connections for a mobile home.
The date of the regular meeting of the Planning Commission
at which the application is accepted by the Commission as complete
in content and properly filed in accordance with the requirements
of this chapter.
All references to "this ordinance" or "this chapter" refer
to the Township of Union Subdivision and Land Development Ordinance.
A tract of land which is recorded in a plan of subdivision
or any other tract of land described in a deed or legal instrument
pursuant to the laws of the commonwealth, which is intended to be
used as a unit for development or transfer of ownership.
Surety, in a form acceptable to the Township, in the form
of cash, a certified check, a letter of credit or a corporate performance
bond from a Pennsylvania licensed surety company, which guarantees
the satisfactory completion of the public improvements required by
this chapter.
Township of Union 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 Township in order to obtain preliminary approval
of a proposed subdivision 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.
The building or structure in which the principal use is conducted.
The primary or predominant use to which the property is or
may be devoted, and to which all other uses on the premises are accessory.
See "driveway, private."
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, partnership,
corporation or homeowners' association, and constructed in accordance
with the Construction Standards of the Township.[3]
See "street, private."
A formal meeting held pursuant to public notice by the Board
of Supervisors or the Planning Commission, intended to inform and
obtain public comment prior to taking action in accordance with this
chapter.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers and other facilities to be dedicated to
or maintained by the Township, for which plans and specifications
shall comply with the Construction Standards of the Township.[4]
A forum held pursuant to notice under 65 Pa.C.S.A. §
701 et seq. (October 15, 1998, P.L. 729, No. 93).[5]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the public hearing and the particular
nature of the matter to be considered at the public hearing. The first
publication shall be not more than 30 days and the second notice shall
not be less than seven days from the date of the public hearing.
A single-axle or multiple-axle structure mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automotive vehicle,
for the purpose of travel, camping, vacation and recreational use,
including, but not limited to: travel trailers, mobile homes, motor
homes, tent trailers, boats, boat trailers, pickup campers, horse
trailers, snowmobiles and all-terrain vehicles.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, including consolidation, as defined herein; the
alteration of any streets or the establishment of any new streets
within any subdivision previously made and approved or recorded according
to law.
An area of land reserved or dedicated for public purposes
to provide access across private property.
A structure in a mobile home park which houses operational,
office, recreational, park maintenance and other facilities built
to conform to applicable local standards.
A way designed for circulation of vehicular traffic, including
the entire right-of-way and cartway, whether designated as a street,
highway, throughway, thoroughfare, parkway, boulevard, road, avenue,
land, place or the like.
A public street which serves large volumes of local and through
traffic and which collects and distributes traffic from collector
streets through the region and which carries a daily volume of 8,000
AWDT (average weekday traffic) or more.
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 and which carries a daily volume of at least 3,000
AWDT (average weekday traffic), but no more than 7,999 AWDT (average
weekday traffic).
A public street designed to provide access to abutting lots
and to discourage through traffic and which carries a daily volume
of less than 3,000 AWDT (average weekday 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 via 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 Township 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 man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
See "major subdivision."
See "minor subdivision."
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, with training and experience in civil engineering,
duly appointed by the Board of Supervisors to serve as the engineer
for the Township.
The attorney appointed by the Board of Supervisors to serve
as legal counsel for the Township.
A stream, intermittent stream, river, creek, channel or ditch
which carries water, whether natural or man-made.
The designated official appointed by the Board of Supervisors, whose duty it shall be to administer this chapter and Chapter 280, Zoning.
[1]
Editor's Note: The appendixes are attached to this chapter.
[3]
Editor's Note: The Township of Union Construction Standards
are on file in the office of the Township Secretary.
[4]
Editor's Note: The Township of Union Construction Standards
are on file in the office of the Township Secretary.