Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
ACCESSORY BUILDING
A building which is on the same lot with, but detached from,
the principal building and which is subordinate to the principal building,
including but not limited to private garages, storage sheds and the
like.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use and located on the same lot with the principal use.
ALLEY
See "street, service."
AMENITIES BOND
Surety, in a form acceptable to the Borough, in the form
of cash, a certified check, a letter of credit or a corporate performance
bond from a surety company licensed to do business in Pennsylvania
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.
APPLICANT
A landowner or developer who has filed an application for
a subdivision or development, including his or her heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
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.
BOROUGH
The Borough of Dormont, Allegheny County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Dormont, Allegheny
County, Pennsylvania.
BOROUGH ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania with training and experience in civil engineering,
duly appointed by the Borough Council to serve as the Engineer for
the Borough.
BUILDING
A structure used for sheltering any use or occupancy.
CARTWAY
That portion of the street right-of-way which is surfaced
for vehicular use, excluding shoulders and curbs.
CLEAR SIGHT TRIANGLE
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 specified in Appendix A.
COMPLETION BOND
Surety, in a form acceptable to the Borough, in the form
of cash, a certified check, a letter of credit or a corporate performance
bond from a surety company licensed to do business in Pennsylvania
which guarantees the satisfactory completion of the public improvements
required by this chapter.
CONDOMINIUM
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.
CONSOLIDATION
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.
CONSTRUCTION STANDARDS
A document entitled "Borough of Dormont Construction Standards,"
prepared by the Borough Engineer, adopted and amended from time to
time by resolution of the Borough Council upon recommendation of the
Borough Engineer, copies of which are on file in the office of the
Borough Manager.
COUNTY
Allegheny County, Pennsylvania.
CROSSWALK
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 right-of-way.
CUL-DE-SAC
A street having one end open to traffic and being permanently
terminated by a vehicle turnaround, including a court or dead-end
street.
DEVELOPER
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.
DOUBLE FRONTAGE LOT
A lot having two or more of its nonadjoining property lines
abutting a street or streets, usually having front and rear street
frontage.
DRIVEWAY, PRIVATE
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.
DWELLING
Any building designed exclusively for residential purposes,
including single-family, two-family and multifamily dwellings, but
not including hotels, motels or boardinghouses.
DWELLING, SINGLE-FAMILY
A residential building containing one dwelling unit which
is the only principal building on the lot.
DWELLING, TWO-FAMILY
A residential building containing two independent dwelling
units, each having a separate entrance, and which is the only principal
building on the lot.
DWELLING UNIT
One or more rooms that are used as living quarters for one
family and having permanent facilities for sleeping, cooking and eating,
as well as sanitary facilities.
EASEMENT
The 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 within which no permanent structure may be erected, the
use of which shall not be inconsistent with the rights of the grantee.
ENGINEER
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 in state law.
FEE
The required charge established from time to time by resolution
of the Borough Council 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 Borough.
FINAL APPLICATION
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.
FINAL PLAT
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.
FRONT BUILDING LINE
A line parallel to the front lot line at a distance therefrom which is equal to the depth of the front yard required by Chapter
210, Zoning, for the zoning district in which the lot is located.
INSPECTOR
The Borough Engineer or his or her authorized representative qualified and approved by the Borough Council to make any or all necessary inspections of the work performed and materials furnished by the developer or the contractors selected to install the public improvements required by this chapter or any other authorized representative of the Borough Council assigned to inspect private improvements required to be installed by this chapter or Chapter
210, Zoning.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
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 or structural alteration which
results in additional land coverage by structures and/or paving; or
(b)
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.
(3)
Developments authorized to be excluded from the regulation of land development by §
183-8 of this chapter.
LAND DEVELOPMENT PLAN
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.
LAND DEVELOPMENT, SINGLE-LOT
A land development, as defined herein, which proposes a single
nonresidential building or structure on a lot or lots which are part
of a plan of subdivision which has been duly recorded in the office
of the Allegheny County Recorder of Deeds.
LANDOWNER
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.
LOT
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.
LOT AREA
That area measured on a horizontal plane bounded by the front,
side and rear lot lines, excluding any portion of the lot within a
street right-of-way.
MAINTENANCE BOND
Surety, in a form acceptable to the Borough, in the form
of cash, a certified check, a letter of credit or corporate bond from
a surety company licensed to do business in Pennsylvania 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.
MEDIATION
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.
MINOR SUBDIVISION
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 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.
OFFICIAL DATE OF FILING
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.
ORDINANCE
All references to "chapter" or "this chapter" refer to the
Borough of Dormont Subdivision and Land Development Ordinance.
PARCEL
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.
PLAT
A map or plan, either preliminary or final, indicating the
subdivision, consolidation or redivision of land or a land development.
PRELIMINARY APPLICATION
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.
PRELIMINARY PLAT
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.
PRINCIPAL BUILDING
The building or buildings on a lot in which the principal
use or uses are conducted.
PRINCIPAL USE
The primary or predominant use of any lot or structure.
PRIVATE IMPROVEMENTS
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 and constructed in accordance with
the construction standards of the Borough.
PROFESSIONAL CONSULTANTS
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.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough
Council or the Planning Commission intended to inform and obtain public
comment prior to taking action in accordance with this chapter.
PUBLIC IMPROVEMENTS
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.
PUBLIC MEETING
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq.
PUBLIC NOTICE
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 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.
RIGHT-OF-WAY
An area of land reserved or dedicated for public purposes
to provide access across property of another.
STREET
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," "lane," "place" or the like.
STREET, ARTERIAL
A public street which serves large volumes of local and through
traffic and which collects and distributes traffic from collector
streets through the region, as identified in the Borough's Comprehensive
Plan or any subsequent traffic study prepared for streets in the Borough.
STREET, COLLECTOR
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, as identified in the Borough's Comprehensive
Plan or any subsequent traffic study prepared for streets in the Borough.
STREET, LOCAL
A public street designed to provide access to abutting lots
and to discourage through traffic, as identified in the Borough's
Comprehensive Plan or any subsequent traffic study prepared for streets
in the Borough.
STREET, PRIVATE
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.")
STREET, PUBLIC
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.
STREET, SERVICE
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.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
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.
SURVEYOR
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
WATERCOURSE
A stream, intermittent stream, river, creek, channel or ditch
which carries water, whether natural or man-made.
ZONING OFFICER
The designated official or an authorized representative appointed by the Borough Council, whose duty it shall be to administer this chapter and Chapter
210, Zoning.