[Ord. 424, 12/6/2005, § 101]
This chapter shall be known and may be cited as the "Township of Baldwin Subdivision and Land Development Ordinance" or just the "Subdivision Regulations."
[Ord. 424, 12/6/2005, § 102]
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.
[Ord. 424, 12/6/2005, § 103]
The purposes of these subdivision regulations are to regulate all land subdivision, consolidation and development activities in the Township 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. 424, 12/6/2005, § 104]
1.
These subdivision regulations are made pursuant to and in accordance with the community development objectives set forth in the Township Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10101 et seq., and specifically Part 5 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.
B.
To prevent one or more of the following: over-crowding of land; blight; danger and congestion in travel and transportation; and loss of health, life or property from fire, panic or other dangers.
[Ord. 424, 12/6/2005, § 105]
1.
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.
2. ACCESSORY BUILDING ACCESSORY USE APPLICANT APPLICATION FOR DEVELOPMENT ARTERIAL STREET BOARD OF COMMISSIONERS BUILDING LINE CARTWAY CLEAR SIGHT TRIANGLE COLLECTOR STREET COMPLETION BOND CONDOMINIUM CONSOLIDATION CONSTRUCTION STANDARDS COUNTY COUNTY PLANNING AGENCY CUL-DE-SAC DEVELOPER DOUBLE FRONTAGE LOT DRIVEWAY, PRIVATE DWELLING DWELLING UNIT DWELLING, MULTI-FAMILY 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 ORDINANCE PLANNING COMMISSION 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 STREET STREET, ARTERIAL STREET, COLLECTOR STREET, LOCAL STREET, PRIVATE STREET, PUBLIC STREET, SERVICE STRUCTURE SUBDIVISION SUBDIVISION, MINOR SURVEYOR TOWNSHIP TOWNSHIP ENGINEER 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.
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 Board of Commissioners of the Township of Baldwin, Allegheny County, Pennsylvania.
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 Township, in the form of cash, a certified check, restrict/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 multifamily dwelling where each dwelling unit in the structure is individually owned and the owner of each dwelling 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 for the purpose of sale or lease of a building or lot.
A document entitled "Township of Baldwin Construction Standards" prepared by the Township Engineer, adopted and amended from time to time by ordinance or resolution of the Board of Commissioners upon recommendation of the Township Engineer, copies of which are on file in the office of the Township Secretary.
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-around, 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 the Baldwin Township Zoning Ordinance [Chapter 27] 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 the Baldwin Township Zoning Ordinance [Chapter 27].
A residential building or portion thereof containing three or more dwelling units, and as that term is defined by the Baldwin Township Zoning Ordinance [Chapter 27].
A residential building containing one dwelling unit which is the only principal building on the lot, and as that term is defined by the Baldwin Township Zoning Ordinance [Chapter 27]
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 the Baldwin Township Zoning Ordinance [Chapter 27].
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 related by blood, marriage, adoption or foster placement, including not more than two boarders, roomers or lodgers and any domestic servants; or a group of not more than four unrelated persons living together in a dwelling unit and maintaining a common household.
The required charge established from time to time by resolution of the Board of Commissioners collected to defray the costs of processing an application, reviewing and application or inspecting the installation of public improvements which shall be payable to the Township.
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 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 the Township Zoning Ordinance [Chapter 27] for the zoning district in which the lot is located.
The Township Engineer or his or any other authorized representative assigned by the Board of Commissioners 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.
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 § 22-203 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, with the term as used herein shall be as defined under the Municipalities Planning Code.
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 Township, 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 Township.
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.
All references to "Ordinance" or "this chapter" refer to the Township of Baldwin Subdivision and Land Development Ordinance.
Township of Baldwin Planning Commission.
A map or plan, either preliminary or final, indicating the subdivision, consolidation or re-division of land or a land development, with the term as used herein shall be as defined under the Municipalities Planning Code.
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 buildings on a lot in which the principal use or sues 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 Board of Commissioners 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 or maintained by the Township for which plans and specifications must comply with the then applicable construction standards of the Township.
A forum held pursuant to notice under the act of July 3, 1986, P.L. 388, No. 84, known as the "Sunshine Act."
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 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 to provide access across private property.
See "land development, single lot."
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 Township or which had 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 re-division 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."
A registered professional land surveyor licensed as such by the Commonwealth of Pennsylvania.
Township of Baldwin, Allegheny County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by the Board of Commissioners to serve as the Engineer for the Township.
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 Board of Commissioners whose duty it shall be to administer this chapter and the Township Zoning Ordinance [Chapter 27].
The Township of Baldwin Zoning Ordinance, Ord. 1-1953, 2/9/1953, as amended [Chapter 27].