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.
ACCESSORY BUILDING
ACCESSORY USE
AMENITIES BOND
APPLICANT
APPLICATION FOR DEVELOPMENT
ARTERIAL STREET
BOROUGH
BOROUGH COUNCIL
BOROUGH ENGINEER
BUILDING LINE
CARTWAY
CLEAR SIGHT TRIANGLE
COLLECTOR STREET
COMPLETION BOND
CONDOMINIUM
CONSOLIDATION
CONSTRUCTION STANDARDS
COUNCIL
COUNTY
COUNTY PLANNING AGENCY
CUL-DE-SAC
DEVELOPER
DOUBLE-FRONTAGE LOT
DRIVEWAY, PRIVATE
DWELLING
DWELLING UNIT
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
EASEMENT
ENGINEER
FAMILY
FEE
FINAL APPLICATION
FINAL PLAT
FRONT BUILDING LINE
INSPECTOR
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
(3)
LAND DEVELOPMENT PLAN
LAND DEVELOPMENT, SINGLE-LOT
LANDOWNER
LOT
LOT AREA
MAINTENANCE BOND
MEDIATION
MINOR SUBDIVISION
MOBILE HOME
OFFICIAL DATE OF FILING
ORDINANCE
PLAT
PRELIMINARY APPLICATION
PRELIMINARY PLAT
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE IMPROVEMENTS
PROFESSIONAL CONSULTANTS
PUBLIC HEARING
PUBLIC IMPROVEMENTS
PUBLIC MEETING
PUBLIC NOTICE
RIGHT-OF-WAY
SINGLE-LOT LAND DEVELOPMENT
SLOPE
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, LOCAL
STREET, PRIVATE
STREET, PUBLIC
STREET, SERVICE
STRUCTURE
SUBDIVISION
SUBDIVISION, MINOR
SUBSTANTIALLY COMPLETED
SURVEYOR
TOWNHOUSE
WATERCOURSE
ZONING OFFICER
ZONING ORDINANCE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
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.
A use customarily incidental and subordinate to the principal
use and located on the same lot with the principal use.
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.
A landowner or developer who has filed an application for
a subdivision or 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."
The Borough of Oakdale, Allegheny County, Pennsylvania.
The Council of Oakdale, Allegheny County, Pennsylvania.
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.
See "front building line."
That portion of the street right-of-way which is surfaced
for vehicular use, excluding shoulders and curbs where curbs are provided.
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.
See "street, collector."
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.
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.
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 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]
The Borough of Oakdale Council.
Allegheny County, Pennsylvania.
Allegheny County Department of Economic Development (ACED),
which serves as Allegheny County's designated planning agency.
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.
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 streets
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.
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.
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.
A residential building or portion thereof containing three or more dwelling units, and as that term is defined by Chapter 375, Zoning.
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.
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,.
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.
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.
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.
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.
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 Regulations for final plat approval and in a form
acceptable for recording in the office of the Allegheny County Recorder
of Deeds.
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.
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.
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; 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.
Developments authorized to be excluded from the regulation of land development by § 315-8 of this chapter.
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.
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.
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. The term as used herein shall
be as defined under the Municipalities Planning Code.[2]
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.
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.
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.
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.
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.
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.
All references to "ordinance" or "this ordinance" refer to
the Borough of Oakdale Subdivision and Land Development Ordinance.[3]
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]
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 buildings on a lot in which the principal
use or uses are conducted.
The primary or predominant use of any lot or structure.
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.
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 the Borough
Council 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
or maintained by the Borough for which plans and specifications must
comply with the then-applicable construction standards of the Borough.[5]
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[6]
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.
An area of land reserved or dedicated for public purposes
or to provide access across private property.
See "land development, single-lot."
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.
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 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 public 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
requires 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 man-made object having an ascertainable stationary location
on or in land or water, whether or 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 "minor subdivision."
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.
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
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.
A stream, intermittent stream, river, creek, channel or ditch
which carries water, whether natural or man-made.
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.
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.
