This chapter shall be known and may be cited as the "Borough of Oakdale 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. § 10101 et seq.).
The purposes of these subdivision regulations are to regulate all land subdivision, consolidation and 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.
These subdivision regulations are made pursuant to and in accordance with the objectives set forth in the Pennsylvania Municipalities Planning Code Act 247 of 1968, as amended (53 P.S. 10101 et seq.), and specifically Article V thereof, 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 recreation, open space and harmonious design; the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements; and
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.
A. 
Interpretation. The word "person" includes a corporation, association, partnership or individual. The words "shall" and "will" are mandatory; the word "may" is permissive. Words used in the present tense include the future tense.
B. 
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.
AMENITIES BOND
Surety, in a form acceptable to the Borough, in the form of cash, a certified check, a letter of credit, a corporate performance bond or a labor and material bond from an approved surety company which guarantees the satisfactory completion of private improvements in a land development plan which are required to be provided by this chapter or by Chapter 375, Zoning.
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.
ARTERIAL STREET
See "street, arterial."
BOROUGH
The Borough of Oakdale, Allegheny County, Pennsylvania.
BOROUGH COUNCIL
The Council of Oakdale, Allegheny County, Pennsylvania.
BOROUGH ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by the Borough Council to serve as the engineer for the Borough.
BUILDING LINE
See "front building line."
CARTWAY
That portion of the street right-of-way which is surfaced for vehicular use, excluding shoulders and curbs where curbs are provided.
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.
COLLECTOR STREET
See "street, collector."
COMPLETION BOND
Surety, in a form acceptable to the Borough, in the form of cash, a certified check, restrictive/sequestered or escrow account, a letter of credit, a corporate performance bond or a labor and material payment bond from an approved surety company which guarantees the satisfactory completion of improvements required by this chapter.
CONDOMINIUM
A form of real property ownership which combines a system of separate ownership of the individual units of occupancy with a system of undivided interests in land and common facilities.
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.
CONSTRUCTION STANDARDS
A document entitled the Borough of Oakdale Construction Standards prepared by the Borough Engineer, adopted and amended from time to time by ordinance or resolution of the Borough Council upon recommendation of the Borough Engineer, copies of which are on file in the office of the Borough Secretary.[1]
COUNCIL
The Borough of Oakdale Council.
COUNTY
Allegheny County, Pennsylvania.
COUNTY PLANNING AGENCY
Allegheny County Department of Economic Development (ACED), which serves as Allegheny County's designated planning agency.
CUL-DE-SAC
A street having one end open to traffic and being permanently terminated by a vehicle turn-a-round, 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 streets 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 structure designed or used as permanent living quarters for one or more families as that term is defined by Chapter 375, Zoning, and which conforms to the requirements of the Uniform Construction Code for dwellings.
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, and as that term is defined by Chapter 375, Zoning.
DWELLING, MULTIFAMILY
A residential building or portion thereof containing three or more dwelling units, and as that term is defined by Chapter 375, Zoning.
DWELLING, SINGLE-FAMILY
A residential building containing one dwelling unit which is the only principal building on the lot, and as that term is defined by Chapter 375, Zoning.
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, and as that term is defined by Chapter 375, Zoning,.
EASEMENT
A 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. The use of the word "engineer" shall not exclude the practice of topographic surveying as provided for in state law.
FAMILY
One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, or hotel.
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 375, Zoning, for the zoning district in which the lot is located.
INSPECTOR
The Borough Engineer or his or any other authorized representative assigned 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 improvements required by this chapter.
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; 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.
(2) 
A subdivision of land.
(3) 
Developments authorized to be excluded from the regulation of land development by § 315-8 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 involves 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. The term as used herein shall be as defined under the Municipalities Planning Code.[2]
LOT AREA
That area measured on a horizontal plan 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, restrictive/sequestered or escrow account, a letter of credit or corporate bond from an approved surety company 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 no more than four lots, proposed for single-family dwellings, all of which have frontage on an improved public street, and not involving any new street or road, or access easement, 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.
MOBILE HOME
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.
OFFICIAL DATE OF FILING
The official date of filing for an application submitted for approval under this chapter shall be determined as the date of the regular meeting of the Council at which the application is accepted by the Council as complete in content and properly filed in accordance with the requirements of this chapter.
ORDINANCE
All references to "ordinance" or "this ordinance" refer to the Borough of Oakdale Subdivision and Land Development Ordinance.[3]
PLAT
A map or plan, either preliminary or final, indicating the subdivision, consolidation or redivision of land or a land development. The term as used herein shall be as defined under the Municipalities Planning Code.[4]
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.
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 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 then-applicable construction standards of the Borough.[5]
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[6]
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 or to provide access across private property.
SINGLE-LOT LAND DEVELOPMENT
See "land development, single-lot."
SLOPE
The degree of rise or descent of the land surface calculated by dividing the number of feet of vertical rise/descent in elevation by the number of feet of horizontal distance, expressed as a percentage.
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.
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 public 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 requires 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.
SUBDIVISION, MINOR
See "minor subdivision."
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 § 315-18, 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 registered professional land surveyor licensed as such by the Commonwealth of Pennsylvania.
TOWNHOUSE
A residential building consisting of at least three and no more than 10 attached dwelling units, separated from one another by continuous vertical walls, without openings from basement to roof and having diverse architectural facades or treatment of material and with no more than three adjoining units having the same front yard setback.
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 375, Zoning.
ZONING ORDINANCE
The Borough of Oakdale Zoning Ordinance, as enacted and amended.[7]
[1]
Editor's Note: See Attachment 1, Standards of Construction Details, of Ch. 308, Streets and Sidewalks.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: For purposes of consistency, references to "ordinance" or "this ordinance" in this chapter have been changed to "this chapter."
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: See Attachment 1, Standards of Construction Details, of Ch. 308, Streets and Sidewalks.
[6]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[7]
Editor's Note: See Ch. 375, Zoning.