Borough of Cheswick, PA Subdivision and Land Development

The improvement of one lot or two more contiguous lots, tracts or parcels of land for any purpose involving a group of two or more buildings or the division or allocation of land or space 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.

PLAT

The map or plan, whether preliminary or final, of a subdivision or land development.

RIGHT-OF-WAY

Land opened for use as a street or alley.

STREET

A general term used to describe a right-of-way, municipally or privately owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties. Streets may be classified as follows:

ARTERIALStreets designed to carry high volumes of traffic from one area of the community to another or to link one community with another.

COLLECTORStreets designed to collect traffic from local streets and then to convey it to the major arterials.

LOCALStreets designed to serve only the traffic needs of and provide access to a limited area, neighborhood or adjacent properties.

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, transfer of ownership or building or lot development. However, the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not including any new street or easement of access or residential dwellings, shall be exempted.

Word usage. Words used in the singular include the plural, and words in the plural include the singular. The word "person" includes a corporation and a partnership, as well as an individual. The word "building" includes "structure" and shall be construed as if followed by the words "or part thereof." The word "street" includes "road" and "lane," and "watercourse" includes "drain," "ditch" and "stream."

§ 141-3 General provisions.

Subdivision of a lot or construction, opening or dedication of a street. No subdivision of any lot, tract, parcel or land development shall be made, and no street, alley, sanitary sewer, stormwater management facility, water main or other facilities in connection therewith shall be laid out, contracted, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in strict accordance with the provisions of this chapter.

Sale of lots, issuance of building permits or erection of building. No lot in a subdivision or land development shall be sold, no permit to erect, alter or repair any building upon land in a subdivision issued, nor any building erected in a subdivision, unless and until a subdivision or land development plan has been finally approved and recorded, and until the required improvements in connection therewith are properly installed.

Exceptions. An applicant may request that the Borough Council grant a modification or exception of one or more of the requirements of this chapter where the location, shape, topography or other special conditions of the parcel of land are such that a literal enforcement of the requirements would cause an undue hardship, serve no useful purpose or be a detriment to the overall quality of the development. Such exception shall not be contrary to the public interest.

§ 141-4 Procedure for plan submission and approval.

Starting improvements; transfer of land.

No applicant may proceed with any grading or improvement of streets, installation of public utilities or other site improvements until the preliminary plan (plat) has been approved by the Borough Council.

No applicant shall sell, transfer, lease or otherwise convey any lot, parcel or tract of land in a subdivision or land development or construct or commence to construct any structure until the final plan (plat) has been approved by the Borough Council and recorded as required by this chapter.

Preliminary plan approval.

The applicant shall submit four copies of the preliminary plan to the Borough Secretary, who shall forward the application to the Borough Planning Commission for review at its next regularly scheduled meeting. All plans shall be submitted at least 30 days prior to the meeting.

The preliminary plan shall be prepared at a scale of not less than one inch equals 100 feet and shall include the name of the proposed development; the name and address of the owner and developer (if other than owner) and the engineer or surveyor who prepared the plan; a scale, North arrow and date; and all other information necessary to show compliance with the requirements of this chapter.

The Planning Commission shall review the plan and shall submit a written report of its findings and recommendations for approval or disapproval to the Borough Council within 45 days of the receipt of this application by the Borough.

The Borough Council shall review the preliminary plan application and the report of the Planning Commission, along with reports required from other governmental agencies.

The Council shall render its decision within 90 days of the receipt of the application by the Borough and shall communicate its decision, in writing, to the applicant no later than within 15 days following the decision. When the application is disapproved, the decision shall specify the defects in the application, describe the requirements that have not been met and cite the provisions of the statute or ordinance relied upon in making such decision.

(6)

Failure of the Council to render a decision and communicate to the applicant within the time and manner specified shall be deemed an approval of the application unless the applicant has agreed, in writing, to an extension of time or other manner of communication of the decision.

(7)

The preliminary approval shall lapse unless an application for final approval of at least part of the preliminary plan is made within one year of the date of preliminary approval by the Council.

Final plan approval.

Four copies of the final plan shall be submitted to the Borough in the same manner required for a preliminary application [Subsection B(1) and (2) above].

The Planning Commission shall review the final application and submit a written report of its findings and recommendation for approval or disapproval to the Borough Council within 45 days of the receipt of application by the Borough.

The Council shall review the final plan application, considering the reports of the Planning Commission and any other governmental agencies.

The Council shall render its decision within 90 days of the receipt of the application by the Borough, provided that the applicant has completed proposed site improvements or has submitted a completion guaranty in accordance with the provisions of this chapter. The Council shall communicate its decision, in writing, to the applicant within 15 days following the decision.

Fees. The applicant shall pay a fee to cover the cost of reviewing the preliminary and final applications and on-site inspections. A schedule of fees shall be adopted by the Borough Council by resolution, and copies may be obtained from the Borough Secretary.

§ 141-5 Completion guaranty.

In lieu of completion of any improvements (e.g., streets, utilities, etc.) required as a condition for final plan approval, the applicant may file a completion guaranty in the form of a bond, cash deposit, certified check or other financial security acceptable to the Borough Council. The guaranty shall:

Run to the favor of the Borough of Cheswick.

Be equal to 100% of the cost of the improvements, based on bona fide bid(s) from the contractor(s) chosen by the applicant to complete the improvements or, in the absence of such bid(s), by an estimate prepared by the Borough Engineer.

Be acceptable to the Borough Solicitor.

The procedures for filing and release of the completion guaranties shall be as required by the Pennsylvania Municipalities Planning Code.[1]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

§ 141-6 Recording.

The applicant, after approval of the final subdivision plat, shall record such plat in the office of the Recorder of Deeds of Allegheny County within 90 days of the final approval by the Borough. A copy of the recorded plan shall be filed with the Borough.

§ 141-7 Dedication of improvements.

The Borough shall have no responsibility with respect to any street or other improvement, notwithstanding the use of the same by the public, unless the street or other improvement is accepted by ordinance or resolution of the Borough Council.

The Borough Council shall not accept any improvement or facility for public dedication, except upon written certification by the Borough Engineer that the improvement or facility has been installed and completed in accordance with the requirements of this chapter and Borough specifications and that all applicable costs and fees have been paid. Prior to the acceptance of any improvement/facility, the applicant/developer shall submit as-built drawings of the improvement/facility.

Upon acceptance of the improvements/facilities, the developer shall post a bond, cash, certified check or other financial security acceptable to the Borough Council to guarantee the satisfactory functioning of the improvement/facility for a period of 18 months from the date of dedication. The amount of the financial security shall be equal to 15% of the actual cost of the installation of the improvement.

§ 141-8 Improvement construction requirements.

Required improvements. The subdivider shall construct streets and other improvements from the lot or lots to be paid or built upon to an existing improved street subject to the provisions of § 141-9B of this chapter. The work shall be performed in strict accordance with approved plans and Borough standards and specifications.

Public utilities and laterals. All water, gas, electric and other pipes and conduits and all service connections or laterals shall be laid to the full width of the right-of-way where the need therefor can be reasonably anticipated.

Inspections. The Borough Engineer shall be notified 24 hours in advance of the commencement of any construction operations, in order that provisions may be made for inspection by the Borough. Samples of materials shall be furnished if required by the Borough Engineer.

§ 141-9 Design standards.

Streets.

Arrangement. Streets shall be arranged in conformity with the Borough Official Plan of Streets and Alleys, considered in relation to both existing and planned streets and located so as to allow proper development of surrounding properties. Secondary roads and through highways shall be connected with such existing roads and highways so as to form continuations thereof. Residential streets shall be laid out so as to discourage their use as collector or arterial streets.

Conformity with topography. Streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable grade.

Grading. The shoulders shall be graded to the full width of the right-of-way and provisions made for slopes beyond the right-of-way. All grading shall be done in accordance with the Borough Grading Ordinance.[1]

[1]

Editor's Note: See Ch. 101, Grading, Excavations and Landfills.

Right-of-way width.

(a)

Street. The minimum widths of the right-of-way shall not be less than those of an existing street of which the new street is to be a continuation nor less than the following:

Street	Width Right-of-Way (feet)
Arterial street	60
Collector street	50
Local street	50

(b)

Cul-de-sac. A cul-de-sac shall be permitted when it is clear that through traffic at such a street end is not essential to the street system in that district, and under said conditions a cul-de-sac must have a right-of-way of 50 feet or more in width and circular turnaround with a minimum right-of-way radius of 60 feet. A cul-de-sac shall not be more than 2,200 feet in length. A cul-de-sac in excess of 1,000 feet must be approved by the Borough Planning Commission and the Borough Engineer.

Intersections. Wherever practical, right-of-way lines shall intersect at right angles.

(6)

Street names and signs. All street names shall be approved by the Borough Council. No street name shall be used which will duplicate or be confused with the name of an existing street. Existing street names shall be continued whenever possible. Signposts and nameplates approved by the Borough Council shall be placed at street intersections.

(7)

Construction. All streets, roads, alleys or driveways in the Borough shall be designed and constructed in accordance with the Pennsylvania Department of Transportation standards and specifications for local streets as contained in the Department's guidelines for Design of Local Roads and Streets (most recent edition), unless required otherwise by Borough specification. Design and construction plans shall be approved by the Borough Engineer.

Alleys.

Where required. Alleys in residence districts shall not be approved in absence of special conditions but then only if the following provisions are met:

(a)

Right-of-way width. The width of the right-of-way shall not be less than 20 feet.

(b)

Turning area. An alley terminating in a permanent barrier will not be approved unless adequate turning area at the dead end is provided.

Construction. Alleys shall be constructed in accordance with the standards and specifications approved by the Borough Engineer.

Sidewalks. Sidewalks shall be constructed in accordance with the standards and specifications approved by the Borough Engineer.

Lots. Lots shall be laid out in accordance with Borough Ordinance No. 231.

Reserve strips. Reserve strips controlling access to streets or alleys shall not be approved.

Monuments. Monuments of stone or concrete shall be placed at locations designated by the Borough Engineer.

Soil erosion and sedimentation. Measures to control erosion/sedimentation, both during and after construction, shall at a minimum meet the standards and specifications of the Borough Grading Ordinance,[2] the Pennsylvania Department of Environmental Resources and the Allegheny County Conservation District. During the review of the application, the Borough may submit the proposed erosion/sedimentation plan to the County Conservation District for its review and comments. The final subdivision/land development plan shall not be approved until an erosion/sedimentation permit has been obtained from the State Department of Environmental Resources where such is required.

[2]

Editor's Note: See Ch. 101, Grading, Excavations and Landfills.

Stormwater management.[3]

Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required to:

(a)

Assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities.

(b)

Manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.

If the development site is located within a watershed for which a stormwater management plan has been adopted, as required by the Pennsylvania Storm Water Management Act (Act 167 of 1978[4]), then any proposed stormwater control measures shall be consistent with the watershed plan.

[4]

Editor's Note: See 32 P.S. § 680.1 et seq.

The proposed stormwater control measures for development site shall be reviewed and approved by the Borough Engineer. All calculations of predevelopment and post-development stormwater runoff and storage requirements shall be done using the United States Conservation Service Soil Cover Complex Method, as published in Technical Release TR-55.

All storm sewers and control facilities shall be constructed in accordance with requirements of the Borough of Cheswick and approved by the Borough Engineer.

Castings. Manhole frames and covers shall be obtained from the Borough at the applicant's expense.

Stormwater roof drains. Stormwater roof drains and pipes shall not discharge water over a sidewalk but shall extend under the sidewalk to the gutter. Where accessible, the roof drain shall be connected with the storm sewer but shall not be connected to any sanitary or combined sewer. All roof drains shall be installed in accordance with the requirements of the Allegheny County Plumbing Code.

[3]

Editor's Note: See also Ch. 137, Stormwater Management.

Bridges and culverts. Bridges and culverts shall be designed to support expected loads, to carry expected flows and to be constructed to the full width of the right-of-way. Such structures shall be designed in accordance with Borough specifications and applicable standards of the Pennsylvania Department of Transportation. Where required, permits shall be obtained from the Pennsylvania Department of Environmental Resources in accordance with the laws of the commonwealth.

Sanitary sewers.[5]

Where required. Sanitary sewers shall be installed in all subdivisions and land developments and connected to the Borough sanitary sewer system.

Rise and grade. Sanitary sewers shall be constructed in accordance with the requirements of the Borough of Cheswick and approved by the Borough Engineer.

Manholes. Manholes shall be located at intervals of 300 feet and at each change of line or grade. In exceptional cases, the interval may be extended to not more than 350 feet. Manhole frames, covers, buckets and steps shall be obtained from the Borough at the applicant's expense.

Laterals. Lateral connections shall be extended to the right-of-way line wherever their need can be anticipated. Each building shall have a separate connection to the sewer, except that garages accessory to dwellings may be connected to the dwelling line.