This chapter shall be known and may be cited as the "Borough
of Whitaker 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. Article V, §§ 10501 to 10516 (1997).
The purpose of this chapter is to regulate all subdivision, resubdivision, consolidation and land development activities in the Borough by providing for a uniform method for the submission of preliminary and final plats to ensure: 1) the proper layout or arrangement of land and buildings; 2) the proper design of streets to accommodate projected traffic and facilitate fire protection; 3) the provision of adequate easements or rights-of-way, gutters, storm and sanitary drainage facilities, walkways, stormwater management and other required public facilities; and 4) the proper design of land developments in accordance with the requirements of this chapter and Chapter 440, Zoning.
These subdivision regulations are made and are intended to achieve
the following community development objectives and goals:
A.
Promotion goals. These subdivision regulations are made and are intended
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, sewage,
schools, public grounds and other public requirements; and
B.
Prevention goals. These subdivision regulations are made and are
intended 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. All words used in this chapter shall carry their
ordinary and customary meanings as provided in the most recent edition
of Webster's Collegiate Dictionary, except where specifically defined
herein. The word "person" includes a corporation, association, partnership
or individual or other legal entity. The words "shall" and "will"
are mandatory; the word "may" is permissive. The words "building"
and "structure" shall be construed as if followed by the phrase "or
any part thereof." The word "lot" includes the word "plot" or "parcel."
Words used in the present tense include the future tense. Words in
the masculine gender shall include the feminine gender. The singular
number shall include the plural, and the plural shall include the
singular.
B.
ACCESSORY STRUCTURE
ACCESSORY USE
ALLEGHENY COUNTY SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
ALLEY
AMENITIES BOND
APPLICANT
APPLICATION FOR DEVELOPMENT
ARTERIAL STREET
BLOCK
BOROUGH
BOROUGH COUNCIL
BOROUGH CONSTRUCTION STANDARDS
BOROUGH ENGINEER
BOROUGH SECRETARY
BOROUGH SOLICITOR
BUFFER AREA
BUILDING LINE
BUILDING INSPECTOR
CARTWAY
CLEAR SIGHT TRIANGLE
COLLECTOR STREET
CONDOMINIUM
CONSOLIDATION
CONSTRUCTION STANDARDS
COUNCIL
COUNTY
COUNTY PLANNING AGENCY
CROSSWALK
CUL-DE-SAC
DECLARATION PLAN
DEVELOPER
DOUBLE FRONTAGE LOT
DRIVEWAY, PRIVATE
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING, MULTIFAMILY
DWELLING, TOWNHOUSE
DWELLING UNIT
EASEMENT
ENGINEER
EVIDENCE OF PROPRIETARY INTEREST
FAMILY
FEE
FINAL APPLICATION
FINAL PLAT
FRONT BUILDING LINE
GOVERNING BODY
INSPECTOR
IMPROVED SURFACE
LAND DEVELOPMENT
(1)
(a)
(b)
(c)
(2)
(3)
LAND DEVELOPMENT, MAJOR
LAND DEVELOPMENT, MINOR
LAND DEVELOPMENT PLAN
LANDOWNER
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT, DOUBLE FRONTAGE
LOT FRONTAGE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
MAINTENANCE BOND
MAJOR LAND DEVELOPMENT
MAJOR SUBDIVISION
MEDIATION
MINOR LAND DEVELOPMENT
MINOR SUBDIVISION
OFFICIAL DATE OF FILING
PARCEL
PERFORMANCE BOND
PLANNING COMMITTEE
PLAT
PRELIMINARY APPLICATION
PRELIMINARY PLAT
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE DRIVEWAY
PRIVATE IMPROVEMENTS
PRIVATE STREET
PROFESSIONAL CONSULTANTS
PUBLIC HEARING
PUBLIC IMPROVEMENTS
PUBLIC MEETING
PUBLIC NOTICE
RIGHT-OF-WAY
RIGHT-OF-WAY, STREET
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, HALF
STREET, LOCAL
STREET, PRIVATE
STREET, PUBLIC
STREET, SERVICE
STRUCTURE
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SURVEY
SURVEYOR
SWALE
WATERCOURSE
ZONING ORDINANCE
Definitions. All words or phrases set forth in Section 10107 of the
Municipalities Planning Code, 53 P.S. § 10107 are incorporated
by reference herein. As used in this chapter, the following terms
shall have the meanings indicated below:
A subordinate structure, the use of which is customarily
incidental to that of the principal structure and is used for an accessory
use, and is located on the same lot with the principal structure.
A use customarily incidental and subordinate to the principal
use and located on the same lot with the principal use.
The Allegheny County Subdivision and Land Development Ordinance
of 1998 or any successor legislation.
See "street, service."
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 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
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."
A tract of land bounded by streets, public lands, railroad
rights-of-way, waterways or municipal boundary lines.
Borough of Whitaker, Allegheny County, Pennsylvania.
Borough Council of the Borough of Whitaker, Allegheny County,
Pennsylvania.
A document entitled "Whitaker Borough Construction Standards"
prepared by the Borough Engineer, 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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, with training and experience in civil engineering,
duly appointed by Borough Council to serve as the engineer for the
Borough.
The person or entity appointed or designated by Borough Council
to serve as chief administrative officer for the Borough.
The attorney appointed or designated by Borough Council to
serve as legal counsel for the Borough.
A strip of land required by Chapter 440, Zoning, which is planted and maintained in shrubs, bushes, trees, grass or other ground cover material and within which no structure or building shall be authorized except a wall or fence which meets Borough requirements.
See "front building line."
The authorized official or representative appointed or designated by Borough Council whose duty is to administer and enforce this chapter, Chapter 440, Zoning, the Borough Building Code and such other ordinances as Council ordains and enacts.
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 intersections
of center lines of streets. (See 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 into one lot, tract or parcel for the purpose of sale, lease
or development of a building or lot.
See "Borough construction standards."
See "Borough Council."
Allegheny County, Pennsylvania.
Allegheny County Department of Economic Development or any
successor entity established by the county.
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 with a single means of ingress and egress and a
turnaround.
A survey of property prepared in accordance with the requirements
of the Uniform Condominium Act[2] which describes the unit boundaries and the common elements.
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 detached residential building designed exclusively for
occupancy by one family which contains one dwelling unit and which
is the only principal building on the lot.
A detached residential building designed exclusively for
occupancy by two families which contains two dwelling units and which
is the only principal building on the lot, including duplexes and
double houses.
A residential building containing three or more separate
dwelling units, including garden apartments, mid-rise apartments,
high-rise apartments, townhouses, triplexes and quadruplexes.
A dwelling unit located in a residential building which contains
three or more dwelling units, each of which are separated from the
adjoining unit or units by a continuous unpierced vertical wall extending
from the basement to the roof, each unit having independent access
directly to the outside and having no other units above or below.
Two or more rooms designed for the use of one family with
cooking, living, sanitary and sleeping facilities, and in a separate
room, a 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 any other person, the
use of which shall not be inconsistent with the rights of the grantee
and in which no permanent structure shall be erected.
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania. The use of the word "engineer" shall
not exclude the practice of topographic surveying as provided for
by the laws of the commonwealth.
Any contract, whether subject to any condition or not, or
a certificate of title or other legal document whereby a person shall
have the legal or equitable rights of the landowner in all matters
relating to an application filed under this chapter.
An individual, or two or more persons related by blood, marriage,
adoption or foster child care, including domestic servants or gratuitous
guests, thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit or any number
of persons protected by the provisions of the Fair Housing Act (42
U.S.C. § 3601 et seq., as now or hereafter amended) living
together in a group living arrangement with supervision.
The required charge payable to the Borough which is established
from time to time by resolution of Borough Council to defray the costs
of processing an application, reviewing an application or inspecting
the installation of improvements.
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 and Land Development Ordinance for final plat approval
and in a form acceptable for recording in the Allegheny County Department
of Real Estate (formerly the Allegheny County Recorder of Deeds Office).
A line parallel to, or concentric with, the front lot line, at a distance therefrom which is equal to the depth of the front yard required by Chapter 440, Zoning, for the zoning district in which the lot is located.
The Borough Council of the Borough of Whitaker.
The Borough Engineer or his/her authorized representative
assigned or designated by Borough Council to make any or all necessary
inspections of the work performed and materials furnished by the developer
or the contractors selected to complete the improvements required
by this chapter.
Pavement comprised of bituminous concrete or cement concrete
of the thickness specified by this chapter or the Borough construction
standards.
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;
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 of a nonresidential building or other improvement
to the land which results in additional land coverage by principal
nonresidential 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; and
Developments authorized to be excluded from the regulation of land development by § 360-8 of this chapter.
See "major land development."
See "minor land development."
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 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.
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.
A lot at the intersection of and fronting upon two or more
street rights-of-way.
The mean horizontal distance between the front lot line and
the rear lot line.
See "double frontage lot."
The portion of the lot which abuts the street measured along
the front lot line.
That lot line which is contiguous with the street right-of-way
line.
That lot line which is opposite and most distant from the
front lot line.
Any lot line which is not a front lot line or a rear lot
line.
The straight line distance between the points of intersection
of the front building line with the side lot lines.
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 public improvements required by this chapter for a specified
period following their completion and acceptance by the Borough.
Any land development which proposes the improvement of a
lot comprised of 1,500 square feet or more of lot coverage by building
or structure; or 1,500 square feet or more of paving; or a combination
of lot coverage by building or structure and paving which totals 1,500
square feet or more.
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 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.
Any land development which proposes the improvement of a
lot comprised of less than 1,500 square feet of lot coverage by building
or structure; or less than 1,500 square feet of paving; or a combination
of lot coverage by building or structure and paving which totals less
than 1,500 square feet.
A subdivision containing not more than three lots, all of
which have frontage on an improved street, and which subdivision does
not involve the construction or improvement of any public street,
but which may or may not involve the extension or creation of any
other public improvements and which does not adversely affect the
future development of the remainder of the parcel or any adjoining
property.
The date of the regular meeting of the Planning Committee
at which the application is accepted by the Planning Committee as
complete in content and properly filed in accordance with the requirements
of this chapter.
See "lot."
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 Pennsylvania licensed surety company which guarantees
the satisfactory completion of the public improvements required by
this chapter.
A committee created pursuant to Section 201 of the Municipalities
Planning Code (MPC)[3] consisting of three members of the governing body appointed
by the President of Borough Council to exercise the duties, powers
and functions of a planning commission under the MPC and the Borough
of Whitaker Subdivision and Land Development Ordinance.
[Added 5-13-2009 by Ord.
No. 2-2009]
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.
The building or portion thereof housing the principal use
of the land.
The primary or predominant use of a lot or structure.
See "driveway, private."
All roads, streets, walkways, gutters, stormwater management
facilities (including retention or detention 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 Borough construction
standards.
See "street, private."
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 Borough
Council or the Planning Committee, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
All roads, streets, walkways, gutters, stormwater management
facilities (not including retention or detention facilities), curbs,
sewers and other facilities to be dedicated to or maintained by the
Borough for which plans and specifications shall comply with the Borough
construction standards.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84, as now or hereafter amended), known as the
"Sunshine Act.[4]"
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 not be more than 30 days and the second notice shall
not be less than seven days from the date of the public hearing.
An area of land reserved or dedicated for public or private
purposes.
An area of land reserved or dedicated as a street for public
or private purposes.
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.
A 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 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).
One side of a street divided longitudinally along the center
line of the right-of-way.
A 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
has not been dedicated to or accepted by the Borough but which is
privately owned and maintained through private agreement and which
is intended for private use. (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 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 plan prepared by a registered surveyor indicating the precise
metes and bounds of a lot or parcel showing all easements and rights-of-way
of record and all other existing conditions which represent encumbrances
or restrictions on the use of the property.
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
A low-lying stretch of land which gathers, or carries, surface
water runoff.
A permanent stream, intermittent stream, river, brook, creek,
channel or ditch which carries water, whether natural or man-made.
The Borough of Whitaker Zoning Ordinance, known as Ordinance
No. 3 of 1994, as now or hereafter amended.[5]
