This Ordinance shall be known and may be cited as the “Municipality of Mt. Lebanon Subdivision and Land Development Ordinance.” Chapter 16 of the Mt. Lebanon Code is hereby repealed in its entirety and this Ordinance substituted therefore.
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.). (“MPC”).
The purpose of this Chapter is to regulate all subdivision,
re-subdivision, consolidation and land development activities in the
Municipality by providing for a uniform method for the submission
of preliminary and final plats to ensure: 1) the proper layout or
arrangement of land and buildings; 2) the proper design of streets
to accommodate projected traffic and facilitate fire protection; 3)
the provision of adequate easements or rights-of-way, gutters, storm
and sanitary drainage facilities, walkways, stormwater management
and other required public facilities; and 4) the proper design of
land developments in accordance with the requirements of this Chapter
and the Mt. Lebanon Zoning Ordinance.
These Subdivision and Land Development Regulations are made
in accordance with the community development objectives set forth
in the Mt. Lebanon Zoning Ordinance and the Mt. Lebanon Comprehensive
Plan and are intended to achieve the following goals:
103.1.
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
103.2.
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.
104.1.
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.
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.
104.2.
ACCESSORY BUILDING:
ACCESSORY USE:
ADMINISTRATOR:
AMENITIES BOND:
APPLICANT:
APPLICATION FOR DEVELOPMENT:
ARCHITECT:
ARTERIAL STREET:
BASE FLOOD:
BUFFER AREA:
BUILDING:
BUILDING LINE:
CARTWAY:
CHAPTER:
CLEAR SIGHT TRIANGLE:
CODE OR THE MT. LEBANON CODE:
COLLECTOR STREET:
COMMISSION:
CONSOLIDATION:
CONSTRUCTION STANDARDS:
COUNTY:
COUNTY PLANNING AGENCY:
CROSSWALK:
CUL-DE-SAC:
CUT:
DEVELOPER:
DEVELOPMENT AGREEMENT:
DOUBLE FRONTAGE LOT:
DRIVEWAY:
DRIVEWAY, PRIVATE:
DWELLING:
DWELLING, ONE FAMILY:
DWELLING, TWO FAMILY:
(1)
(2)
DWELLING, MULTI-FAMILY:
DWELLING, TOWNHOUSE:
DWELLING UNIT:
EASEMENT:
ENGINEER:
ESCROW DEPOSIT:
FAMILY:
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(3)
(4)
FEDERAL:
FEE:
FEMA:
FILL:
FINAL APPLICATION:
FINAL PLAT:
FLOOD:
FLOOD INSURANCE RATE MAP (FIRM):
FLOODPLAIN:
FLOOD PRONE AREA:
FLOODWAY:
FRONT BUILDING LINE:
GRADE, NEW OR FINISHED:
INSPECTOR:
LAND DEVELOPMENT:
(1)
(a)
(b)
(2)
LAND DEVELOPMENT PLAN:
LANDOWNER:
LOT:
LOT AREA:
LOT AREA PER DWELLING UNIT:
LOT, BUILDABLE AREA OF:
LOT, CORNER:
LOT DEPTH:
LOT, DOUBLE FRONTAGE:
LOT FRONTAGE:
LOT LINE, FRONT:
LOT LINE, REAR:
LOT LINE, SIDE:
LOT WIDTH:
MAJOR SUBDIVISION:
MEDIATION:
MINOR SUBDIVISION:
MOBILE HOME:
MOBILE HOME LOT:
MOBILE HOME PARK:
MUNICIPAL/MUNICIPALITY:
MUNICIPAL CONSTRUCTION STANDARDS:
MUNICIPAL ENGINEER:
MUNICIPAL MANAGER:
MUNICIPAL SOLICITOR:
MUNICIPAL PLANNER:
PARCEL:
PENNSYLVANIA MUNICIPALITIES PLANNING CODE:
PETITION FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS:
PLANNING BOARD:
PLAT:
PRELIMINARY APPLICATION:
PRELIMINARY PLAT:
PRINCIPAL BUILDING:
PRINCIPAL USE:
PRIVATE DRIVEWAY:
PRIVATE IMPROVEMENTS:
PRIVATE STREET:
PUBLIC HEARING:
PROPERTY:
PUBLIC IMPROVEMENTS:
PUBLIC MEETING:
PUBLIC NOTICE:
RECORDED INSTRUMENT:
RECORDER:
RIGHT-OF-WAY:
RIGHT-OF-WAY, STREET:
SITE:
SLOPE:
SPECIAL FLOOD HAZARD AREA (SFHA):
STATE:
STREET:
STREET, ARTERIAL:
STREET, COLLECTOR:
STREET, LOCAL:
STREET, PRIVATE:
STREET, PUBLIC:
STREET, SERVICE:
STRUCTURE:
SUBDIVISION:
SUBDIVISION, MAJOR:
SUBDIVISION, MINOR:
SURVEYOR:
SWALE:
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 main building and is used for an accessory use, and
is located on the same lot.
A use customarily incidental and subordinate to the principal
use and located on the same lot with the principal use.
The Zoning Officer of Mt. Lebanon.
Surety, in a form acceptable to the Municipality that includes
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
a subdivision or land development, including his 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.
A registered professional architect licensed as such by the
Commonwealth of Pennsylvania.
See Street, Arterial.
The flood that has a 1% probability of being equaled or exceeded
in any given year (also referred to as the 100-year flood).
A strip of land 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 municipal requirements.
Any structure having enclosing walls and a roof and intended
for the shelter, housing or enclosure of any individual, animal, process,
equipment, goods or material of any kind or nature.
See Front Building Line.
That portion of the street right-of-way that is surfaced
for vehicular use, excluding shoulders and curbs. Please refer to
Diagram 1 in Appendix II.
All references to “this Chapter” refer to the
Municipality of Mt. Lebanon Subdivision and Land Development Ordinance.
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. Please refer to Diagram 17 in Appendix II.
The codified ordinances of the Municipality.
See Street, Collector.
The Commission of the Municipality of Mt. Lebanon, Allegheny
County, Pennsylvania.
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 Municipal Construction Standards.
Allegheny County, Pennsylvania.
Allegheny County Department of Economic Development, or its
successor department or agency.
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.
An excavation; the difference in vertical elevation between
a point on the surface of the original ground and a point of lower
elevation on the finished grade; material removed in excavation.
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 written agreement between the Developer and the Municipality
setting forth the Developer’s obligations pursuant to applicable
Municipal ordinances.
A lot having two or more of its non-adjoining property lines
abutting a street or streets, usually having front and rear street
frontage.
An impervious surface for vehicular access to a building,
garage, parking facility or other vehicular facility, lot or parcel
of land.
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. (See also - Street,
Private)
Any building or portion thereof which is designed for and/or
occupied in whole or in part as a home or residence for one or more
persons; it shall not be deemed to include hotels, boarding or rooming
houses, institutional homes or residence clubs.
A detached building occupied by one family only.
A detached building occupied by two families only, independently
of each other, including:
DOUBLE HOUSE:
A detached building containing two dwelling units attached
side to side, with separate entrances and separated by an unpierced
party wall.
DUPLEX:
A detached building containing two dwelling units, one above
the other, each having a separate entrance.
A building containing three or more separate dwelling units.
A one family dwelling unit that is part of a townhouse unit
and has a separate entrance and a minimum width of 20 feet center
to center of party walls.
One or more rooms arranged for the use of one family living
together as a single housekeeping unit with cooking, living, sanitary
and sleeping facilities.
A public or private right of use over the property of another.
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania. The use of the word “engineer”
shall not exclude the practice of topographic surveying as provided
for by the laws of the Commonwealth.
A cash deposit or an irrevocable letter of credit, in a form
provided by the Municipality or otherwise approved by the Municipal
Solicitor, payable to the Municipality from a commercial bank organized
under the Pennsylvania Banking Code of 1965 or the National Banking
Act, having its principal place of business in the Commonwealth of
Pennsylvania and having unimpaired capital and surplus of at least
100 times the face amount the letter of credit.
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a Dwelling Unit
as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability. The occupants must share the entire Dwelling Unit and
live and cook together as a single housekeeping unit. A unit in which
the various occupants act as separate roomers may not be deemed to
be occupied by the functional equivalent of a traditional family:
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local School;
Members of the household having the same address for the purposes
of voter registration, driver’s license, Motor Vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current Dwelling Unit or other Dwelling Units;
Common ownership of the furniture and appliances among the members
of the household; and
The group is not transient or temporary in nature;
Any other factor reasonably related to whether or not the group
is the functional equivalent of a Family.
A fraternity or sorority will not be considered the functional
equivalent of a Family.
Of, or referring to, the United States of America.
The required charge, which shall be payable to the Municipality,
established from time to time by resolution of the Commission collected
to defray the costs of processing an application, reviewing an application
or inspecting the installation of improvements.
Federal Emergency Management Agency.
Any act by which earth, sand, gravel, rock or any other material
is placed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface, including the conditions resulting therefrom; the difference
in elevation between a point on the original ground and a designated
point of higher elevation on the finished grade; the material used
to make a fill.
The written and graphic materials specified by this Chapter
to be submitted to the Municipality 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 and the Commission of Mt. Lebanon.
A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers, or other waters of this Commonwealth.
A map of the municipality on which FEMA has delineated both
the special flood hazard areas and the flood risk premium zones applicable
to the Municipality.
The lands adjoining a river or stream that have been, or
may be expected to be, inundated by floodwaters in a 100-year frequency
flood.
Any land area susceptible to being inundated by floodwater
from any source.
The channel of a watercourse and portions of the adjoining
floodplains which are reasonably required to carry and discharge the
100-year frequency flood. Unless otherwise specified, the boundary
of the floodway is as indicated on maps and flood insurance studies
provided by FEMA. In an area where no FEMA maps or studies have defined
the boundary of the 100-year frequency floodway, it is assumed, absent
evidence to the contrary, that the floodway extends from the stream
to 50 feet from the top of the bank of the stream.
A line parallel to the front lot line, at a distance measured
perpendicular therefrom as prescribed in the Zoning Ordinance for
a required yard. Where there is no required yard then the lot line
shall be the front building line. See Diagram 1 in Appendix II.
The resulting level of the ground after final grading where
there is a cut, and after normal settlement where there is a fill.
The Municipal Engineer or his/her authorized representative
assigned by the Commission 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 non-residential buildings,
whether proposed initially or cumulatively; a single non-residential
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.
A plan which encompasses a proposed land development, which,
in addition to a plat of a 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.
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 designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. No part of a lot which is also part of a
public street, or way/alley/lane, shall be included in determining
the area of that lot. A lot shall front on a public street dedicated
for public use and improved to municipal standards.
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 quotient obtained by dividing the total lot area by the
total number of dwelling units to be located on such lot calculated
to the nearest whole number.
The portion of a lot bounded by required yards as set forth
in Diagram 1 of Appendix II.
A lot abutting upon two or more adjacent streets; or a lot
with two or more connected sides which abut upon a street or streets.
The horizontal distance between the front lot line and the
rear lot line measured along the median between said lines.
See Double Frontage Lot.
The portion of the lot which abuts the street measured along
the front lot line.
The lot line abutting the street; in case of lots abutting
more than one street in R-1, R-2 and R-3 Districts only, a choice
of either street is optional with the owner. Before a lot can be considered
to abut a street, it must have at least 15 feet of frontage on said
street as set forth in Diagram 1 of Appendix II.
A lot line which is opposite and most distant from the front
lot line or, a line at least 20 feet in length within the lot, parallel
to and at a maximum distance from the front lot line. See Diagram
1 of Appendix II.
Any lot boundary line which is not a front lot line or a
rear lot line. See Diagram 1 of Appendix II.
The horizontal distance between side lot lines as set forth
in Diagrams 1 and 2 of Appendix II.
Any subdivision not classified as a minor subdivision.
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 not more than three lots, proposed
either for the construction of one family dwellings or two family
dwellings or for the transfer of property between lots which contain
existing one family dwellings or two family dwellings, all of which
have frontage on an improved public street, and which subdivision
does not involve the construction or improvement of any public street,
sewer line or water line 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.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single-family mobile home.
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile homes
and/or mobile home lots for the placement thereon of mobile homes.
Of or referring to Mt. Lebanon, PA.
A document entitled Municipality of Mt. Lebanon Construction
Standards (Private Improvements) prepared by the municipal engineer,
adopted and amended from time to time by resolution of the Commission
upon recommendation of the municipal engineer, copies of which are
on file in the office of the municipal manager.
A registered professional engineer licensed as such in the
Commonwealth of Pennsylvania, with training and experience in civil
engineering, duly appointed by the Commission to serve as the engineer
for the Municipality.
The individual appointed by the Commission to serve as chief
administrative officer of the Municipality.
The attorney appointed by the Commission to serve as legal
counsel for the Municipality.
The designated official appointed by the municipal manager
whose duty it shall be to administer 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.
Act 247 of 1968, as reenacted and amended by Act 170 of 1988,
53 P.S §10101 et seq. (MPC).
A written request from a developer to the Commission requesting
the Municipality to grade, pave and install curbs on public streets
and install storm and sanitary sewers and any other public improvements
required in an approved subdivision or land development.
Municipality of Mt. Lebanon Planning Board.
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 Municipality 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 having the principal use
of the land.
The principal or dominant use of a lot.
See Driveway, Private.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers, landscaping 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 this Chapter and the Municipal Construction Standards.
See Street, Private.
A formal meeting held pursuant to public notice by the Commission
or the Planning Board, intended to inform and obtain public comment,
prior to taking action in accordance with this Chapter.
The land, building, all improvements thereon, and all easements,
rights and appurtenances belonging thereto, which are subject to the
provisions of this Chapter.
All roads, streets, walkways, gutters, stormwater management
facilities, curbs, sewers, landscaping and other facilities to be
dedicated to or maintained by the Municipality for which plans, specifications
and construction shall comply with this Chapter and the Municipal
Construction Standards.
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 Municipality. 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 fewer than seven days from the date of the public hearing.
A plat, declaration or other instrument duly recorded in
the Office of the Recorder of Deeds of Allegheny County in accordance
with the provisions of this Chapter.
The Recorder of Deeds of Allegheny County.
An easement for public or private use, usually granting the
right to cross over the land of another and/or to install utilities
such as sewer or water lines or communication systems.
The total extent of land reserved or dedicated as a street,
for public or private purposes. See Diagram 1 of Appendix II.
One or more lots, tracts or parcels which are under single
ownership and control and are proposed as a unit for development purposes.
The percent 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.
Slope shall be calculated between contour intervals used to prepare
the existing site topographic plan but in no case shall the vertical
interval exceed four feet. The percent of slope is determined from
on-site topographic surveys prepared with a two-foot contour interval
or topography taken from controlled aerial photography at two-foot
intervals. The slope of the land shall be shown on a plan of the property
based on the following six categories:
The land area covered by the floodwaters of the base flood
is the Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is
the area where the National Flood Insurance Program’s (NFIP’s)
floodplain management regulations must be enforced and the area where
the mandatory purchase of flood insurance applies. The SFHA includes
Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH,
AR/A, VO, V1-30, VE, and V.
The Commonwealth of Pennsylvania.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways or strips of land
used or intended to be used by vehicular traffic or pedestrians whether
public or private and including the entire street right-of-way.
A public street intended for high volume traffic use. Arterial
streets carry both regional through traffic and local traffic and
collects/distributes traffic primarily from other arterial and collector
streets. Arterial streets typically carry Average Weekday Daily Traffic
(AWDT) volumes of greater than 8,000 vehicles per day.
A public street designed to provide access from local streets,
as well as abutting lots, for distribution of traffic to arterial
streets and other collector streets. Collector streets are intended
to provide access for lower speed traffic and lower traffic volumes
and typically carry AWDT volumes in the range of 3,000 to 7,999 vehicles
per day.
A public street designed to provide low speed traffic access
to abutting lots, with connections to collector streets and other
local streets. Through traffic is discouraged. AWDT volumes are typically
less than 3,000 vehicles per day.
A street, including the entire private right-of-way, which
is privately owned and maintained. A private street provides access
to several lots or parcels which do not have access to a public street
and which require 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 Municipality, the County
or the Commonwealth for public use.
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 Major Subdivision.
See Minor Subdivision.
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.
A permanent stream, intermittent stream, river, brook, creek,
channel or ditch which carries water, whether natural or man-made.
