[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.
APPLICANT
APPLICATION FOR DEVELOPMENT
AS-BUILT PLAN
BOROUGH
BOROUGH COUNCIL
BOROUGH ENGINEER
BOROUGH MANAGER
BUILDING
BUILDING FOOTPRINT
BUILDING LINE
CARTWAY
CLEAR SIGHT TRIANGLE
COMMONWEALTH
COMPREHENSIVE PLAN
CONSOLIDATION
CONSOLIDATION, MINOR
CONSTRUCTION STANDARDS
COUNTY
COUNTY PLANNING AGENCY
CUL-DE-SAC
DEVELOPER
DRIVEWAY, PRIVATE
EASEMENT
ENGINEER
EROSION
FEE
FINAL APPLICATION
FINAL PLAT
GRADE
GRADING
GROSS FLOOR AREA
INSPECTOR
LAND DEVELOPMENT
A.
(1)
(2)
B.
C.
D.
(1)
(2)
(3)
LAND DEVELOPMENT PLAN
LANDOWNER
LANDSCAPING
LOT
LOT OF RECORD
MAINTENANCE SECURITY
MUNICIPALITIES PLANNING CODE (MPC)
OCCUPANT
PERFORMANCE SECURITY
PLANNING COMMISSION
PLAT
PRELIMINARY APPLICATION
PRELIMINARY PLAT
PRIVATE IMPROVEMENTS
PUBLIC HEARING
PUBLIC IMPROVEMENTS
PUBLIC MEETING
PUBLIC NOTICE
RIGHT-OF-WAY
SIGHT DISTANCE
SITE
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, LOCAL
STREET, PRIVATE
STREET, PUBLIC
STREET, SERVICE
STRUCTURAL ALTERATION
STRUCTURE
SUBDIVISION
SUBDIVISION, MINOR
SUBSTANTIALLY COMPLETED
SURVEYOR
WATERCOURSE
ZONING ORDINANCE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A landowner or developer who has filed an application for
a subdivision, consolidation or land 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, consolidation or land development 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 of Aspinwall, Allegheny County, Pennsylvania.
The Borough Council of the Borough of Aspinwall, 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, or his designee.
The Manager of the Borough of Aspinwall, or his designee,
or the designee of Borough Council.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The existing location of a building on property as delineated
by the outermost location of the building's walls and foundation.
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.
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.
The Commonwealth of Pennsylvania.
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.
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.
Any consolidation involving less than three lots and not
constituting a land development.
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.
Allegheny County, Pennsylvania.
Allegheny County Department of Economic Development or its
successor.
A short 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, consolidation or 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. All private driveways
shall consist of a hard surface and shall have a maximum grade of
no more than 15% slope.
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.
A professional engineer licensed as such in the Commonwealth.
The natural process by which soil and rock material moves
on the Earth's surface through the forces of wind and water.
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.
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.
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.
The slope of a road, street, or other public way specified
in percentage terms.
Excavation or fill or any combination thereof including conditions
resulting from such activities.
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.
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.
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 § 503(1.1) of the MPC.
As used in this definition, the term "improvement" shall include,
but not be limited to, construction, reconstruction, renovation, remediation
and other similar activities:
That increase or expand the building footprint and/or outside
dimensions of an existing building on the subject property.
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.
The cost of which is $100,000 or more.
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.
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers and shade trees.
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].
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.
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.
The Pennsylvania Municipalities Planning Code, 53 P.S. 10101
et seq., as amended.
A resident or tenant on a temporary or permanent basis.
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.
Aspinwall Borough Planning Commission.
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, consolidation 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 for which plans and specifications must
comply with the provisions of this chapter and Borough Construction
Standards [Part 9].
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.
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].
A forum held pursuant to notice under the Pennsylvania Sunshine
Act, 65 Pa.C.S.A. § 701 et seq., as amended.
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.
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.
The lot, tract or parcel of land upon which a project or
development will occur.
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.
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 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 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.
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.
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.
Any subdivision of less than three lots and not constituting
a land development.
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.
A professional registered land surveyor in the Commonwealth
of Pennsylvania.
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.
The Borough Zoning Ordinance, as amended, codified as Chapter 27 of the Aspinwall Borough Code of Ordinances.
