[Adopted 9-8-1958 by Ord. No. 156 (Ch. 22, Part 1, of the
1989 Code of Ordinances)]
[Amended 7-8-1960 by Ord. No. 173; 11-9-1993 by Ord. No. 447]
A.
APPLICANT
APPLICATION FOR DEVELOPMENT
BOROUGH ENGINEER
CITY-TYPE HIGHWAY
COMMON OPEN SPACE
DEVELOPER
DEVELOPMENT PLAN
HIGHWAY
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
(3)
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
OWNER
PERSON
PLANNED RESIDENTIAL DEVELOPMENT
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
ROAD
STREET and/or AVENUE
SUBDIVISION
SUBURBAN-TYPE HIGHWAY
The following words and phrases, as used in this article, shall have
the meanings hereby ascribed thereto, unless the context thereof clearly
indicates a different meaning:
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Borough, planning
agency or Joint Planning Commission.
A minimum right-of-way of 50 feet with a minimum paved cartway
of 30 feet between curbs with integral cement curb and gutter paving
and cement concrete sidewalk paving.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
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.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this article, shall mean the written
and graphic materials referred to in this definition.
The whole or any part of any public street or avenue, public
road, bridge or culvert and shall include the cartway, gutter, curb,
sidewalk and the whole legal width of the right-of-way.
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.
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code.[1]
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.
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.
A person who is the registered owner of real estate to be
subdivided and/or developed in accordance with the provisions of this
article.
A natural person, association, firm, partnership or corporation.
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of Chapter 310, Zoning.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment
prior to taking action in accordance with this article.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[2]
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.
A public right-of-way for travel.
A public right-of-way in a subdivision or built-up community.
The division of a single lot, tract or parcel of land, or
a part thereof, into two or more lots, tracts or parcels of land,
including changes in street lines or lot lines for the purpose, whether
immediate or future, of transfer of ownership or of building development;
provided, however, that divisions of land for agricultural purposes
in parcels of more than 10 acres, not involving any new street or
easement of access, shall be exempted.
A minimum right-of-way of 40 feet with a minimum paved cartway
of 26 feet between curbs, including integral bituminous curb and cement
concrete sidewalk paving.
B.
The singular shall include the plural, and the masculine shall include
the feminine and the neuter.
It shall be unlawful for the owner of any land in the Borough
of Port Vue to make a subdivision thereof or to lay out, construct,
open or dedicate for public use or travel or for the common use of
the occupants of buildings thereon any street, sanitary sewer, storm
sewer, water main or other facilities in connection therewith unless
and until a plan thereof shall have been prepared by a registered
professional engineer or surveyor and submitted to and approved by
the proper Borough official or body, as hereinafter provided.
[Amended 11-9-1993 by Ord. No. 447]
Plans of subdivisions wherein lots abut existing improved streets of sufficient width, as hereinafter prescribed, shall be submitted to the Borough Engineer for approval or rejection. The Borough Engineer shall act upon any such plan within 30 days after the submission thereof to him. Any person aggrieved by a decision of the Borough Engineer upon any such plan may appeal this decision. All appeals from the decision of the Borough Engineer shall be taken in the manner set forth in Article XI, § 310-32 et seq., and Article XII, § 310-38 et seq., of Chapter 310, Zoning.
[Amended 11-9-1993 by Ord. No. 447]
Plans of subdivisions wherein lots abut existing streets of insufficient width, according to schedules of width hereinafter set forth, or streets proposed to be laid out through unimproved land shall be submitted to the Council for review and disposition in accordance with this article, Chapter 310, Zoning, and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 7-8-1960 by Ord. No. 173; 9-30-1981 by Ord. No. 339; 11-9-1993 by Ord. No. 447]
Subdivision plans submitted for approval shall include:
A.
Complete block dimensions with bearings, tangent distances, and include
all curve data and stations corresponding to those used on the profile;
lot numbers and lot dimensions with bearings; and shall show the profiles
of the highways, the course, structure and capacity of any drainage
facilities, and the method of drainage of adjacent or contiguous territory.
B.
Location of all street monuments at street intersections, angle points,
and beginning and ending of all curves.
C.
Curb grades, profiles showing grades, cross sections, rate of grade
and bench marks.
D.
Width of rights-of-way, cartway, and sidewalks. All curbing at street
intersections shall be circular curves with a radius of not less than
20 feet and larger for sharp corners.
E.
Names of all existing highways shall be continued, and there shall
be no duplication of names existing elsewhere in the Borough.
F.
Course, structure, capacity and design of all drainage appurtenances,
including storm and sanitary sewers.
G.
Cross section of proposed street paving indicating depth and type
of each course, and also the position and type of curbs and sidewalks
and all other improvements.
H.
Indicate a proposed right-of-way not less than 20 feet wide along
natural watercourses and, where necessary, for the Borough to construct
and maintain sanitary and storm sewers.
I.
Location of all existing utility facilities, together with all service
connections. In the event the developer of a subdivision proposes
to provide electric service at the rear of houses or buildings to
be erected on such subdivisions, such developer shall also make provision
for electric service at the street front of houses or buildings for
public streetlighting, either by poles or underground conduits with
suitable light standards, and such developer shall indicate the method
and location of streetlighting facilities on plans submitted for approval.
J.
A supplementary plan shall be filed with the Borough Engineer prior
to the acceptance of the dedication of said highways, showing the
location of the utility facilities, together with service connections,
placed during the construction.
K.
The highway system shall take into consideration present roads of
adjoining tracts already laid out and of adjoining tracts not yet
subdivided. No circles, islands, culs-de-sac or circular segments
shall be permitted; provided, however, in specific cases where, owing
to special and unusual topographical conditions, a literal enforcement
of the terms of this subsection will result in an unnecessary hardship,
the Borough Council may permit a cul-de-sac which shall not be more
than 400 feet long, unless additional length is necessary due to topographical
and economic conditions inherent to the area being developed, terminating
in a vehicular turnaround with a minimum right-of-way radius of 50
feet and an outer paving radius of 40 feet.
L.
Rights-of-way and types of construction shall conform to the following
schedule. The Borough reserves the right in any case to require greater
cartway width than the minimum shown, if it is deemed necessary for
any reason.
|
Suburban-Type Highway
|
City-Type Highway
| |||
|---|---|---|---|---|
|
Right-of-Way Width
|
Minimum Cartway Width
|
Sidewalks
(2 required)
|
Required Cartway Width
|
Required Sidewalk Width
(2 required)
|
|
40 feet
|
26 feet between curbs
|
4 feet
| ||
|
50 feet
|
26 feet between curbs
|
5 feet
|
30 feet between curbs
|
10 feet each
|
|
60 feet
|
30 feet between curbs
|
6 feet
|
40 feet between curbs
|
10 feet each
|
|
70 feet
|
30 feet between curbs
|
6 feet
|
50 feet between curbs
|
10 feet each
|
M.
Plans shall be drawn to a minimum scale of 50 feet to an inch. Profiles
of proposed improvements showing grades, cuts and fills shall be drawn
to a minimum scale of 40 feet horizontal and four feet vertical.
N.
Original plans of highways and/or subdivisions signed by the owner,
when approved by the Council, shall be signed on behalf of the Borough
by the President of Council and the Borough Engineer and shall be
attested by the Borough Secretary. Two copies thereon, on linen, shall
be filed in the office of the Borough Engineer.
O.
Plans shall bear the following acknowledgment and approval:
|
COMMONWEALTH OF PENNSYLVANIA
|
:
| ||
|
: SS.
| |||
|
COUNTY OF ALLEGHENY
|
:
| ||
|
"On the _____ day of __________, ____, before me the subscriber,
a Notary Public of the Commonwealth of Pennsylvania, personally appeared
___________________, who acknowledged the accompanying plan to be
the official plan of highways and/or subdivision situated in the Borough
of Port Vue, County of Allegheny, Pennsylvania, and desires that said
plans be recorded according to law.
| |||
|
Witness my hand and Notarial Seal the day and year aforesaid.
| |||
|
Notary Public
| |||
|
Approved by the Council of the Borough of Port Vue, this _____
day of ____________, ____.
| |||
|
ATTEST:
| |||
|
Secretary
|
President
| ||
|
Recorded in the office for the Recording of Deeds at _____________________,
Pennsylvania, in Deed Book _____, Page No. _____, on _____, ____ by
___________________."
| |||
P.
No building line shall be less than 15 feet.
Q.
All plans submitted herein for approval shall be submitted to the
Allegheny County Planning Commission for review.
[Amended 11-9-1993 by Ord. No. 447]
Before acting on any subdivision plan, the Council may arrange for a public hearing thereon, after giving public notice as defined in § 269-1 of this article. The Council may require alterations, changes or modifications of any kind that it deems necessary in any plans submitted to it under this article and may refuse its approval until all such alterations, changes or modifications in the plan have been made. One or more preliminary subdivision plans may be submitted to the Borough Engineer by the owner or by the Council for study, criticism and suggestions.
[Amended 9-12-1989 by Ord. No. 401]
An approved duplicate copy of each subdivision plan, approved
as provided in this article, shall, within 90 days after the date
of approval, be recorded by the owner in the office for the recording
of deeds in Allegheny County, and the owner shall forthwith notify
the Borough Engineer in writing of the date of such recording. After
a subdivision plan shall have been officially recorded, the streets,
parks and other public improvements shown thereon shall be considered
to be a part of the official plan of the Borough. Streets, parks and
other public improvements shown on a subdivision plan to be recorded
may be offered for dedication to the Borough by formal notation thereof
on such plan, or the owner may note on such plan that such improvements
have not been offered for dedication to the Borough. Every street,
park or other improvement shown on a subdivision plan that shall have
been recorded as provided herein shall be deemed to be a private street,
park or improvement, until such time as the same shall have been offered
for dedication to the Borough and accepted, by ordinance or resolution,
or until it shall have been condemned for use as a public street,
park or other improvement.
Before approving any subdivision plan, Council shall require
either that the necessary grading, paving and other street improvements,
including, where specified by Council, curbs, sidewalks, streetlights,
fire hydrants, water mains, sanitary sewers and storm sewers, shall
have been installed in strict conformity with the standards and specifications
of the Borough, or that the Borough be assured, in the form of a bond
or deposit of funds or securities in escrow sufficient to cover the
cost to the owner of the required improvements, as estimated by the
Borough Engineer, that the said improvements will subsequently be
installed by the owner of said subdivided lot, tract or parcel of
land.
No lot in a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected in a subdivision, unless and until a plan of such subdivision shall have been approved and properly recorded and until the improvements required by Council in connection therewith have been either constructed or guaranteed as provided in § 269-8 of this article. Where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship, Council may make such reasonable exception thereto as will not be contrary to the public interest and may permit the sale of a lot, issuance of a permit or erection of a building, subject to such conditions necessary to insure adequate streets and other public improvements.
[Amended 11-9-1993 by Ord. No. 447]
A.
Applications for construction permits shall be filed with the Borough
Secretary on the form supplied by the Borough and shall be accompanied
by four sets of plans and specifications prepared by a registered
professional engineer, setting forth the location and nature of work,
together with all engineering data necessary for completion of work,
and shall be verified by an affidavit made by or on behalf of the
owner or owners. A fee of $10 shall accompany each application for
a construction permit.
B.
All suburban- and city-type highways shall be graded to the full
width of the right-of-way. All culverts, bridges and storm sewers
shall be constructed for the width required for grading.
C.
Where bridges, dams, and/or other structures are placed on streams
with a drainage area of 1/2 square mile or larger, application for
a permit shall be made to the Department of Environmental Protection,
Harrisburg, Pennsylvania, by the person in interest and a copy of
such permit filed with the Borough Engineer.
D.
Application for a construction permit shall include construction
items and quantities of all planned work.
E.
Means of ingress and egress for vehicles to and from each lot or
parcel shall be shown on the plans for installation in accordance
with existing Borough regulations for depressed curbs and driveways
across sidewalks.
F.
Upon the approval of the construction application, plans and specifications
by the Borough Engineer, the Secretary shall issue a construction
permit to the owner of the property. The said owner shall pay the
cost of any material tests made and shall reimburse the Borough reasonably
for the necessary inspection.
[Amended 11-9-1993 by Ord. No. 447]
Where connection with the sanitary sewer system of the Borough
is practicable, the owner, by special arrangement with the Council,
shall install sanitary sewers and sewer laterals in conformity with
Borough specifications for sanitary sewer construction before streets
and roads shown on the plans are constructed. All gas, water, electric
and other mains, pipes and conduits, together with all service connections
or laterals, shall be laid, when the need for the same can be reasonably
anticipated, before the streets and roads shown on the plans are constructed.
The plans for any proposed connections herein shall be submitted to
the Department of Environmental Protection for approval prior to the
commencement of any installation activity.
When any highway outlined in the construction permit shall have
been completed in accordance with the terms of this article and in
strict accordance with the Borough specifications now in effect or
hereafter adopted, as the case may be, relating to such type of work,
the Borough shall accept, by ordinance, the dedication of such highway
or highways.
The Borough Engineer shall be notified by the owner or contractor
at least 24 hours in advance of the commencement of any construction
operation, such as grading, sewer installation, or paving, in order
that provision may be made for the proper inspection of such construction
operation. Samples of materials and every reasonable facility for
ascertaining whether the work is in conformity with the provisions
of this article shall be furnished to the proper officers and employees
of the Borough in the same manner as is required of contractors under
the terms of the construction specifications of the Borough.
[Amended 9-12-1989 by Ord. No. 401; 5-30-1990 by Ord. No. 412; 11-9-1993 by Ord. No. 447]
A.
Preventive remedies.
(1)
In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal 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.
(2)
The Borough may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of any ordinance adopted pursuant to this article. This
authority to deny such a permit or approval shall apply to any of
the following applicants:
(a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record at the time of such
violation, without regard as to whether such vendee or lessee had
actual or constructive knowledge of the violation.
(c)
The current owner of record who acquired the property subsequent
to the time of violation, without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(d)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation, without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
(3)
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
the provisions of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500, plus all court costs, including reasonable
attorney fees incurred by the Borough as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge determining
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
this article to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter, each day that a
violation continues shall constitute a separate violation.
(2)
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
