This chapter shall be known and may be cited as the "Township
of Cross Creek 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 purpose of this chapter is to regulate all subdivision,
resubdivision, consolidation and land development activities in the
Township by providing for a uniform method for the submission of preliminary
and final plats to ensure:
A.
The proper
layout or arrangement of land and buildings;
B.
The proper
design of streets to accommodate projected traffic and facilitate
fire protection;
C.
The provision
of adequate easements or rights-of-way, gutters, storm and sanitary
drainage facilities, walkways, stormwater management and other required
public facilities; and
This chapter is made in accordance with the community development objectives set forth in Chapter 320, Zoning, 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 provision 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. All words used in this chapter shall carry their
customary definitions 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. 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.
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 BUILDING
ACCESSORY USE
ALLEY
AMENITIES BOND
APPLICANT
APPLICATION FOR DEVELOPMENT
ARTERIAL STREET
BLOCK
BUFFER AREA
BUILDING
BUILDING LINE
CARTWAY
CLEAR SIGHT TRIANGLE
COLLECTOR STREET
CONDOMINIUM
CONSOLIDATION
CONSTRUCTION STANDARDS
COUNTY
COUNTY PLANNING COMMISSION
CROSSWALK
CUL-DE-SAC
DECLARATION PLAN
DEVELOPER
DOUBLE FRONTAGE LOT
DRIVEWAY, PRIVATE
DWELLING UNIT
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TOWNHOUSE
DWELLING, TWO-FAMILY
EASEMENT
ENGINEER
EVIDENCE OF PROPRIETARY INTEREST
FAMILY
FEE
FINAL APPLICATION
FINAL PLAT
FRONT BUILDING LINE
IMPROVED SURFACE
INFRASTRUCTURE IMPROVEMENT AND DEVELOPMENT SPECIFICATIONS
INSPECTOR
LAND DEVELOPMENT
(1)
(a)
(b)
(c)
(2)
(3)
LAND DEVELOPMENT PLAN
LAND DEVELOPMENT, MAJOR
LAND DEVELOPMENT, MINOR
LANDOWNER
LOT
LOT AREA
LOT DEPTH
LOT FRONTAGE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
LOT, CORNER
LOT, DOUBLE FRONTAGE
MAINTENANCE BOND
MAJOR LAND DEVELOPMENT
MAJOR SUBDIVISION
MEDIATION
MINOR LAND DEVELOPMENT
MINOR SUBDIVISION
OFFICIAL DATE OF FILING
PARCEL
PERFORMANCE BOND
PLANNING COMMISSION
PLAT
PRELIMINARY APPLICATION
PRELIMINARY PLAT
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE DRIVEWAY
PRIVATE IMPROVEMENTS
PRIVATE STREET
PUBLIC HEARING
PUBLIC IMPROVEMENTS
PUBLIC MEETING
PUBLIC NOTICE
RIGHT-OF-WAY
RIGHT-OF-WAY, STREET
SEWER AUTHORITY
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, HALF
STREET, LOCAL
STREET, PRIVATE
STREET, PUBLIC
STREET, SERVICE
STRUCTURE
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SUPERVISORS
SURVEY
SURVEYOR
SWALE
TOWNSHIP
TOWNSHIP ENGINEER
TOWNSHIP SECRETARY
TOWNSHIP SOLICITOR
TOWNSHIP SUPERVISORS
WATERCOURSE
ZONING ORDINANCE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A subordinate building, the use of which is customarily incidental
to that of the principal building and is used for an accessory use,
and is located on the same lot with the principal building.
A use customarily incidental and subordinate to the principal
use and located on the same lot with the principal use.
See "street, service."
Surety, in a form acceptable to the Township, 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.
A strip of land required by Chapter 320, 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 Township requirements.
Any structure having enclosing walls and roofs and requiring
a permanent location on the land.
See "front building line."
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 "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 "Infrastructure Improvement and Development Specifications."
Washington County, Pennsylvania.
Washington County Planning Commission.
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 having one end open to traffic and being permanently
terminated by a vehicle turnaround, including a court or dead-end
street.
A survey of property prepared in accordance with the requirements
of the Uniform Condominium Act[1] 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.
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 residential building containing three or more separate
dwelling units, including garden apartments, mid-rise apartments,
high-rise apartments, townhouses, triplexes and quadruplexes.
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 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.
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 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 those professionals such as land surveyor of landscape
architects licensed by the commonwealth, provided those professions
only engage in that work in which they are authorized to perform under
the Engineer, Land Surveyor and Geologist Registration Law and the
Landscape Architects' Registration Law.[2]
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.
One or more persons who live together in one dwelling unit
and maintain a common household, which may consist of a single person
or of two or more persons, whether or not related by blood, marriage
or adoption and may also include domestic servants and gratuitous
guests.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The required charge payable to the Township which is established
from time to time by resolution of Township Supervisors 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 Township 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 Washington
County subdivision regulations for final plat approval and in a form
acceptable for recording in the office of the Washington County Recorder
of Deeds.
A line parallel to, or concentric with, the front lot line, at a distance there from which is equal to the depth of the front yard required by Chapter 320, Zoning, for the zoning district in which the lot is located.
Pavement comprised of bituminous concrete or cement concrete
of the thickness specified by this chapter or the Infrastructure Improvement
and Development Specifications.
A document entitled "Cross Creek Infrastructure Improvement
and Development Specifications" prepared by the Township Engineer,
adopted and amended from time to time by resolution of Township Supervisors
upon recommendation of the Township Engineer, copies of which are
on file in the office of the Township Secretary.
[3]The Township Engineer or his/her authorized representative
assigned by Township Supervisors 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.
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 § 270-8 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, if any. The land development plan shall
include all of the written and graphic information required by this
chapter.
See "major land development."
See "minor land development."
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.
The mean horizontal distance between the front lot line and
the rear lot line.
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.
A lot at the intersection of and fronting upon two or more
street rights-of-way.
See "double frontage lot."
Surety, in a form acceptable to the Township, 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 Township.
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 public 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 public street or will have frontage
on a public right-of-way, 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 Commission
at which the application is accepted by the Planning Commission as
complete in content and properly filed in accordance with the requirements
of this chapter.
A tract of land which is recorded in a plan of subdivision
or any other tract of land described in a deed or legal instrument
pursuant to the laws of the commonwealth which is intended to be used
as a unit for development or transfer of ownership.
Surety, in a form acceptable to the Township, 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.
Cross Creek Township 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 Township 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 Infrastructure
Improvement and Development Specifications.
See "street, private."
A formal meeting held pursuant to public notice by Township
Supervisors or the 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 (not including retention or detention facilities), curbs,
sewers and other facilities to be dedicated to or maintained by the
Township for which plans and specifications shall comply with the
Infrastructure Improvement and Development Specifications.
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 Township. 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.
The Independence-Cross Creek Joint Sewer Authority, or the
Local Cooperative Sanitary Council, or any other appointed or elected
body having jurisdiction in sanitary sewer matters in the Township.
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. Arterial streets shall include SR0050,
Avella Road; and, SR4029, Cross Creek Road.
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. Collector streets shall include SR4031, Atlasburg
Road; SR4027, Cedar Grove Road; SR4035, Old Ridge Road; SR4033 Rea
Road; and, SR4023, Stroupe Road.
One side of a street divided longitudinally along the center
line of the right-of-way.
A public street designed to provide access to abutting lots
and to discourage through.
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 no
more than three lots or parcels which do not have access to a public
street and which require access to a public street through the private
street.
A street including the entire public right-of-way, which
has been dedicated to and accepted by the Township 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 consolidation of two or more lots or 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."
See "Township Supervisors."
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.
Township of Cross Creek, Washington County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, with training and experience in civil engineering,
duly appointed by Township Supervisors to serve as the engineer for
the Township.
The person appointed by Township Supervisors to serve as
chief administrative officer for the Township.
The attorney appointed by Township Supervisors to serve as
legal counsel for the Township.
Township Supervisors of the Township of Cross Creek, Washington
County, Pennsylvania.
A permanent stream, intermittent stream, river, brook, creek,
channel or ditch which carries water, whether natural or man-made.
The Township of Cross Creek Zoning Ordinance.[5]
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: See 63 P.S. § 148 et seq. and 63
P.S. § 901 et seq., respectively.
[3]
Editor's Note: Said document is included as an attachment to this chapter.
[4]
Editor's Note: This Act was repealed 10-15-1998 by P.L. 729,
No. 93. See now 65 Pa.C.S.A. § 701 et seq.
