[Ord. 871, 5/22/1991, § 118-101]
This chapter shall be known and may be cited as the "Borough of Aspinwall Subdivision and Land Development Regulations" or "Subdivision Regulations."
[Ord. 871, 5/22/1991, § 118-102]
This chapter is adopted in accordance with the authority granted to municipalities to regulate subdivisions and land developments by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq., as amended.
[Ord. 871, 5/22/1991, § 118-103]
The purpose of these subdivision regulations is to regulate certain subdivision, consolidation and land 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. 871, 5/22/1991, § 118-104]
1. 
These subdivision regulations are made in accordance with the community development objectives set forth in the Borough Zoning Ordinance [Chapter 27] 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 and fire 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. 871, 5/22/1991, § 118-105; as amended by Ord. 995, 12/10/2003; and by Ord. 1000, 10/13/2004, § 1]
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. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
A landowner or developer who has filed an application for a subdivision, consolidation or land 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, consolidation or land development plan.
AS-BUILT PLAN
A plan showing the actual plan location of easements, curbs, paving, catch basins, manholes, storm and sanitary sewers, wye-branches, waterlines, drainage channels, guardrails and retaining walls and the surface and flow line elevations of storm and sanitary sewers at every catch basin and manhole. The "plan" must be based on actual field measurements made during and after construction.
BOROUGH
Borough of Aspinwall, Allegheny County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Aspinwall, Allegheny County, Pennsylvania.
BOROUGH ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by Borough Council to serve as the engineer for the Borough, or his designee.
BOROUGH MANAGER
The Manager of the Borough of Aspinwall, or his designee, or the designee of Borough Council.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING FOOTPRINT
The existing location of a building on property as delineated by the outermost location of the building's walls and foundation.
BUILDING LINE
A line which designates the minimum distance that a building must be erected from a street right-of-way line. Such distance shall be measured at right angles from the front right-of-way which abuts the property upon which said building is located and be parallel to said right-of-way line.
CARTWAY
That portion of the street right-of-way which is surfaced for vehicular use.
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.
COMMONWEALTH
The Commonwealth of Pennsylvania.
COMPREHENSIVE PLAN
The community master plan created for the purposes of guiding community development in the Borough and known as the Comprehensive Plan of the Borough of Aspinwall.
CONSOLIDATION
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 consolidation shall be generally referred to as a subdivision under the provisions of this chapter.
CONSOLIDATION, MINOR
Any consolidation involving less than three lots and not constituting a land development.
CONSTRUCTION STANDARDS
Those standards prepared by the Borough Engineer and adopted by resolution of Borough Council, copies of which are on file in the office of the Borough Secretary.
COUNTY
Allegheny County, Pennsylvania.
COUNTY PLANNING AGENCY
Allegheny County Department of Economic Development or its successor.
CUL-DE-SAC
A short 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, consolidation or land development.
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. All private driveways shall consist of a hard surface and shall have a maximum grade of no more than 15% slope.
EASEMENT
A right-of-way for utility, access or similar purposes located outside the street right-of-way. An easement shall not be considered to be separated and distinct from the lot or parcel burdened by the easement for purposes of this chapter.
ENGINEER
A professional engineer licensed as such in the Commonwealth.
EROSION
The natural process by which soil and rock material moves on the Earth's surface through the forces of wind and water.
FEE
The required charge established by this chapter to defray the cost of processing an application, reviewing an application or inspecting improvements during installation which shall be payable to the Borough in accordance with the requirements of this chapter.
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, consolidation or land development plan.
FINAL PLAT
The map or plan of a proposed subdivision, consolidation 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 Office of the Allegheny County Recorder of Deeds.
GRADE
The slope of a road, street, or other public way specified in percentage terms.
GRADING
Excavation or fill or any combination thereof including conditions resulting from such activities.
GROSS FLOOR AREA
The sum of the gross horizontal area of several floors of a principal building or buildings located on the same lot. All dimensions shall be measured between exterior faces of walls.
INSPECTOR
The Borough Engineer or his authorized representative assigned by Council to make any or all necessary inspections of the work performed and materials furnished by the developer or the developer's contractors selected to install the improvements required by this chapter.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
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.
(2) 
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.
B. 
A subdivision of land.
C. 
Development in accordance with § 503(1.1) of the MPC.
D. 
As used in this definition, the term "improvement" shall include, but not be limited to, construction, reconstruction, renovation, remediation and other similar activities:
(1) 
That increase or expand the building footprint and/or outside dimensions of an existing building on the subject property.
(2) 
The cost of which is equal to or greater than 40% of the fair market value of the subject property as established by the current Allegheny County property assessment records.
(3) 
The cost of which is $100,000 or more.
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.
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.
LANDSCAPING
Acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers and shade trees.
LOT
A tract of land in a plan of subdivision, consolidation or land development 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. All lots shall front on a street improved to Borough Construction Standards [Part 9].
LOT OF RECORD
A lot that is part of a subdivision or land development plat duly recorded in the office of the Allegheny County Recorder of Deeds identified in those records by plan book volume and page number.
MAINTENANCE SECURITY
Financial security required to be posted as a condition to the Borough's acceptance of dedication of public improvements following completion, by and in accordance with the requirements of this chapter and the MPC.
MUNICIPALITIES PLANNING CODE (MPC)
The Pennsylvania Municipalities Planning Code, 53 P.S. 10101 et seq., as amended.
OCCUPANT
A resident or tenant on a temporary or permanent basis.
PERFORMANCE SECURITY
Financial security required to be posted as a condition to final plat approval, by and in accordance with the requirements of this chapter and the MPC, in order to assure completion of improvements required by this chapter.
PLANNING COMMISSION
Aspinwall Borough Planning Commission.
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, consolidation 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.
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 for which plans and specifications must comply with the provisions of this chapter and Borough Construction Standards [Part 9].
PUBLIC HEARING
A formal hearing and 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.
PUBLIC IMPROVEMENTS
All roads, streets, walkways, gutters, stormwater management facilities, curbs, sewers and other facilities to be dedicated to and accepted by or maintained by the Borough for which plans and specifications must comply with the provisions of this chapter and Borough Construction Standards [Part 9].
PUBLIC MEETING
A forum held pursuant to notice under the Pennsylvania Sunshine Act, 65 Pa.C.S.A. § 701 et seq., as amended.
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 hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied primarily as a right-of-way for vehicular travel meeting the improvement standards of Part 5 of this chapter, the Design Standards of Part 6 of this chapter and the Borough Construction Standards of Part 9 of this chapter.
SIGHT DISTANCE
The maximum extent of unobstructed vision (in a horizontal or vertical plane) along a street from a vehicle located at any given point on the street. The safe stopping sight distance for the vertical curves on roadway pavement shall be calculated with an eye of three and 3.75 feet above the pavement.
SITE
The lot, tract or parcel of land upon which a project or development will occur.
STREET
Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other way, whether public or private, used or intended to be used by vehicular or pedestrian traffic.
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.
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.
STREET, LOCAL
A street designed to provide access to abutting lots and to discourage through traffic.
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.
STRUCTURAL ALTERATION
Any change in the support members of a building such as bearing walls, columns, beams or girders; changes in the means of ingress and/or egress; enlargement of floor area or height of a structure; or relocation from one position to another.
STRUCTURE
Any assembled, erected or constructed object having a stationary location on or in land or water, whether or not it is affixed to the land. This includes, but is not limited to, gazebos, storage sheds or containers, free-standing posts, pillars and similar uses.
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.
SUBDIVISION, MINOR
Any subdivision of less than three lots and not constituting a land development.
SUBSTANTIALLY COMPLETED
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 the requirements of this chapter) 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.
SURVEYOR
A professional registered land surveyor in the Commonwealth of Pennsylvania.
WATERCOURSE
A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow, including, but not limited to, drainage channel, creek, drain, river or stream.
ZONING ORDINANCE
The Borough Zoning Ordinance, as amended, codified as Chapter 27 of the Aspinwall Borough Code of Ordinances.
[Ord. 871, 5/22/1991, § 118-106; as added by Ord. 930, 12/10/1997, § 2]
This chapter is hereby supplemented by the Wellhead Protection Ordinance [Chapter 26, Part 2] and the same shall be considered an amendment to and a part of this chapter.