Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 668, passed 1-27-1975]
The provisions of this Title Five of the Planning and Zoning Code shall be known and may be cited as the "Town of McCandless Land Development and Subdivision Regulations."
[Ord. 668, passed 1-27-1975; Ord. 1027, passed 2-26-1990]
These Land Development and Subdivision Regulations are adopted for the following purposes:
(a) 
To assure sites suitable for building purposes and human habitation and to provide for the harmonious development of the Town;
(b) 
To assure coordination of existing streets and highways with proposed streets or other features of the Master Plan of the Town of McCandless;
(c) 
To assure adequate open spaces for traffic, recreation, light and air and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens;
(d) 
To secure equitable treatment of all land development and subdivision plans by establishing definitions, design standards, plan requirements, procedures for plan processing, improvements, construction, and requirements and conditions of acceptance of public improvements by the Town.
(e) 
In order to insure adequate recreation areas to serve the future residents of the Town, all developers submitting residential subdivision or land development plans after the effective date of this ordinance shall provide for a suitable and adequate recreation area to serve the needs of the future occupants of the subdivision or development, or shall provide funds for the acquisition, development, or improvement of park areas within the Town.
[Ord. 668, passed 1-27-1975]
No subdivision or land development of any lot, tract or parcel of land shall be made; no street, sanitary sewer, storm sewer, water main or other improvements in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except after approval of plats in accordance with the provisions of these Land Development and Subdivision Regulations.
[Ord. 668, passed 1-27-1975]
Nothing in these Land Development and Subdivision Regulations shall be deemed to require the approval of the Town Council for the division of land for agricultural purposes in parcels of more than 10 acres, not involving any new street or easement of access.
[Ord. 1127, passed 8-22-1994]
(a) 
Council may approve a division of one lot into two lots without requiring all of the information requested in Article 1367, whenever the plat or plan shows that both lots are located on a public road, that each lot conforms to the dimensional requirements of the Zoning Ordinance and that both lots can be adequately serviced by all necessary public utilities. The provisions of Article 1375, Stormwater Management, shall be met prior to the issuance of a building permit.
[Ord. 1052, passed 4-22-1991; Ord. 1127, passed 8-22-1994]
(a) 
Council may grant a waiver or modification to the minimum standards of this Zoning Ordinance if the literal enforcement is shown to the satisfaction of Council to be unreasonable, to cause undue hardship because of peculiar conditions pertaining to the land in question or when an alternative standard can be demonstrated to provide equal or better results, and provided that such modification will not be contrary to the public interest and the purpose and intent of this Zoning Ordinance.
(b) 
All requests for modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary. The request for modification may be referred to the Planning Commission for advisory comments. A written record shall be kept of all action on all requests for modification.
[Ord. 1052, passed 4-22-1991]
In the interpretation and application of these Land Development and Subdivision Regulations, the provisions shall be held to be minimum requirements, adopted for the promotion of health, safety, morals and general welfare.
[Ord. 1052, passed 4-22-1991; Ord. 1127, passed 8-22-1994]
(a) 
Council may from time to time on its own motion, or on petition, or on recommendation of the Planning Commission, amend, supplement or repeal the regulations and provisions of these Land Development and Subdivision Regulations. Every such proposed amendment or change, whether initiated by the members of Council or by petition, shall be referred to the Planning Commission and County Planning Commission at least 30 days prior to the hearing for review and a report thereon as required by law, before Council votes on the proposed amendment.
(b) 
Amendments to the sudivision and land development ordinance shall become effective only after a public hearing held pursuant to public notice.
[Ord. 668, passed 1-27-1975]
Should any section or provision of these regulations be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
[1]
Editor's Note: Former § 1361.10, Floodplain provisions, was repealed by implication 8-24-1981 by Ord. No. 823, See Article 1342.
[Ord. 1052, passed 4-22-1991]
Any person, partnership or corporation who or which has violated the provisions of these land development and subdivision regulations shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Town, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the municipality as a result thereof. In addition to other remedies, the Town may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful occupancy of a building, structure or premises. The description of metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from other remedies at law.