[Ord. 603, 12/30/1991, § 101; as amended by Ord.
741, 12/30/2002, § 1]
This chapter shall be known and may be cited as the "Borough
of Jefferson Hills Subdivision and Land Development Ordinance," or
just the "Subdivision Regulations."
[Ord. 603, 12/30/1991, § 102]
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.
[Ord. 603, 12/30/1991, § 103]
The purpose of this chapter is to regulate certain land subdivision,
consolidation and 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.
[Ord. 603, 12/30/1991, § 104]
This chapter is made in accordance with the community development
objectives set forth in the Borough Zoning Ordinance and the Borough
Comprehensive Plan 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
protection, vehicle parking and loading space, transportation, water,
sewerage, schools, public grounds and other public requirements.
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.
[Ord. 603, 12/30/1991, § 105; as amended by Ord.
647, 10/10/1994, § 1; by Ord. 685, 5/11/1998; by Ord. 741,
12/30/2002, § 1; by Ord. 787, 10/9/2006, § 1;
and by Ord. 819, 2/13/2012]
1.
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.
2.
AMENITIES BOND
APPLICANT
APPLICATION FOR DEVELOPMENT
ARTERIAL STREET
BOROUGH
BOROUGH COUNCIL
BOROUGH ENGINEER
BUILDING LINE
CARTWAY
CLEAR SIGHT TRIANGLE
COLLECTOR STREET
COMPLETION BOND
CONSOLIDATION
CONSTRUCTION STANDARDS
COUNTY
COUNTY PLANNING COMMISSION
CUL-DE-SAC
DEVELOPER
DRIVEWAY, PRIVATE
DWELLING
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO FAMILY
DWELLING UNIT
EASEMENT
ENGINEER
FAMILY
FEE
FINAL APPLICATION
FINAL PLAT
INSPECTOR
LAND DEVELOPMENT
A.
(1)
(2)
B.
C.
LAND DEVELOPMENT PLAN
LANDOWNER
LOT
MAINTENANCE BOND
MEDIATION
MINOR SUBDIVISION
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
OFFICIAL DATE OF FILING
ORDINANCE
PLANNING COMMISSION
PLANNING MODULE COMPONENT (PMC)
PLAT
PRELIMINARY APPLICATION
PRELIMINARY PLAT
PRIVATE IMPROVEMENTS
PROFESSIONAL CONSULTANTS
PUBLIC HEARING
PUBLIC IMPROVEMENTS
PUBLIC MEETING
PUBLIC NOTICE
SLOPE
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, LOCAL
STREET, PRIVATE
STREET, PUBLIC
STREET, SERVICE
STRUCTURE
SUBDIVISION
SUBDIVISION, MINOR
SUBSTANTIALLY COMPLETED
SURVEYOR
TOWNHOUSE
WATERCOURSE
ZONING ORDINANCE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Surety, in a form acceptable to the Borough, in the form
of cash, a certified check, a letter of credit, a corporate performance
bond or a labor and material bond from an approved surety company
which guarantees the satisfactory completion of private improvements
in a land development plan which are required to be provided by this
chapter or by the Borough Zoning Ordinance.
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 plat or plan or for the approval of a development plan.
See "street, arterial."
Borough of Jefferson Hills, Allegheny County, Pennsylvania.
Borough Council of the Borough of Jefferson Hills, 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.
A line parallel to the front lot line at a distance therefrom
which is equal to the depth of the front yard required by the Borough
Zoning Ordinance for the zoning district in which the lot is located.
That portion of the street right-of-way which is surfaced
for vehicular use.
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.
See "street, collector."
Surety, in a form acceptable to the Borough, in the form
of cash, a certified check, a letter of credit, a corporate performance
bond or a labor and material payment bond from an approved surety
company which guarantees the satisfactory completion of improvements
required by this chapter.
The combination of two or more lots, tracts or parcels of
land for the purpose of sale or lease of a building or lot.
A document entitled "Borough of Jefferson Hills Construction
Standards" prepared by the Gateway Engineers, adopted and amended
from time to time by resolution of Borough Council, upon recommendation
of the Borough Engineer, copies of which are on file in the office
of the Borough Secretary.
Allegheny County, Pennsylvania.
Allegheny County Planning Commission.
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 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.
A building or portion thereof, but not a trailer, whose principal
use is permanent residential occupancy, including single-family dwellings,
two family dwellings and multifamily dwellings, but not including
hotels or lodging houses.
A residential building or portion thereof containing three
or more dwelling units.
A residential building containing one dwelling unit and which
is the only principal building on the lot.
A residential building containing two independent dwelling
units, each having a separate entrance, and which is the only principal
building on the lot, including double houses and duplexes.
One or more rooms in a residential building which are used
as living quarters for one family. A dwelling unit shall have permanent
facilities for sleeping, cooking and eating.
A grant of one or more of the property rights by the property
owner to and for the use by the public, a corporation or another person
or entity.
A professional engineer licensed as such in the Commonwealth.
The use of the word "engineer" shall not exclude the practice of topographic
surveying as provided for in state law.
A single person occupying a dwelling unit and maintaining
a household; two or more persons related by blood, marriage or adoption
occupying a dwelling unit, living together and maintaining a common
household, including not more than one boarder, roomer or lodger;
or not more than three unrelated persons occupying a dwelling unit,
living together and maintaining a common household.
The required charge established by this chapter to defray
the cost of processing an application which shall be payable to the
Borough at the time an application is filed.
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 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 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 any other authorized representative
assigned by Council to make any or all necessary inspections of the
work performed and materials furnished by the subdivider or developer
or their 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.
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 § 22-203 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. 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 tract of land in a plan of subdivision 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.
Surety, in a form acceptable to the Borough, 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 Borough.
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 no more than three lots, tracts
or parcels proposed for single family dwellings, all of which have
frontage on an improved public street, and not involving any new street
or road or the extension or creation of any municipal facilities or
public improvements and which does not adversely affect the future
development of the remainder of the parcel or any adjoining property.
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 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 has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
The official date of filing for an application submitted
for approval under this chapter shall be determined as 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 "Ordinance" or "this Ordinance" refer to
the Borough of Jefferson Hills Subdivision and Land Development Regulations.
Borough of Jefferson Hills Planning Commission.
The application for sewer facilities planning for all subdivisions
and land developments requiring revisions to the Borough Comprehensive
Official Sewage Facilities Plan which is submitted to the Pennsylvania
Department of Environmental Protection (DEP) in compliance with Chapter
71, as revised, and with the Pennsylvania Clean Streams Law and the
Borough of Jefferson Hills Act 537 Official Facilities Plan, as revised.
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 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.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
A formal meeting held pursuant to public notice by the Borough
Council or 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 Borough for which plans and specifications must
comply with the construction standards of the Borough.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
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 not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise or descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
A way designed for circulation of vehicular traffic, whether
designated as a street, highway, throughway, thoroughfare, parkway,
boulevard, road, avenue, lane, 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.
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 public 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 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 "minor subdivision."
Where, in the judgment of the Borough Engineer, at least 90%, based on the cost of the required improvements for which financial security was posted pursuant to § 22-308, of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
A residential building consisting of at least three and no
more than 10 attached dwelling units, separated from one another by
continuous vertical walls, without openings from basement to roof
and having diverse architectural facades or treatment of material
and with not more than three adjoining units having the same front
yard setback.
A channel, creek, drain, river or stream.
The Borough of Jefferson Hills Zoning Ordinance, as amended.
