This chapter shall be known and may be cited
as the "Penn Township Subdivision Ordinance."
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the protection of the public health, safety and welfare.
The purpose is to assure sites suitable for
building purposes and human habitation; to provide for the harmonious
development of the Township; to coordinate existing streets with proposed
streets, parks or other features of the official street plan of the
Township; to ensure adequate open spaces for traffic, recreation,
light, air and to provide the proper distribution of population and
thereby to create conditions favorable to the health, safety and general
welfare of the citizens; and to establish land subdivision regulations,
including definitions, design standards, plat requirements, plat processing
procedures, improvements and construction requirements and conditions
of acceptance of public improvements by the Township.
This chapter shall not apply to any lot or lots
forming a part of a subdivision created and recorded prior to the
enactment of this chapter; nor is it intended by this chapter to repeal,
abrogate, annul or in any way impair or interfere with existing provisions
of other laws or ordinances, except those inconsistent with this chapter,
or with private restrictions placed upon property by deed, covenant
or other private agreement or with restrictive covenants running with
the land to which the Township is a party; except that where this
chapter imposes a greater restriction upon land than is imposed or
required by such existing provisions of law, ordinance, contract or
deed, the provisions of these regulations shall control.
A.
The Board of Commissioners of Penn Township, by virtue
of the provisions of the Pennsylvania Municipalities Planning Code,
Act 247 of 1968, as amended,[1] of the Commonwealth of Pennsylvania is authorized, subject
to the holding of required public hearings, to adopt rules and regulations
covering plats for subdivisions of land and to approve, conditionally
approve or disapprove plats of subdivisions of land falling within
its jurisdiction.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
The Planning Commission is hereby designated as the
reviewing authority of and for the Board of Commissioners of Penn
Township and is charged with the duty of making investigations, reports
and recommendations on the design and improvement of proposed subdivisions
and shall submit such reports and recommendations to the Board.
[Amended 1-18-2017 by Ord. No. 914]
A.
The provisions of these regulations shall apply to
the area within the boundaries of Penn Township, Westmoreland County,
Pennsylvania.
B.
No subdivision of any lot, tract or parcel of land
shall be effected, no street, sanitary sewer, storm sewer, water main
or other facilities 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 in strict accordance
with the provisions of these regulations.
C.
All plats of subdivision shall be subject to approval
or rejection by the Board based on the recommendation of the Planning
Commission. In the event that such a plat is disapproved, the reason
therefor shall be set forth in writing and given to the applicant.
Any party aggrieved by the decision of the Board may appeal to the
Court of Common Pleas of the County, as hereinafter provided.
[Amended 1-18-2017 by Ord. No. 914]
D.
On and after the effective date of these regulations,
no lot in a subdivision may be sold, no permit to erect, alter or
repair any building upon land in a subdivision may be issued and no
building may be erected in a subdivision unless and until a subdivision
plat has been approved and recorded and until the improvements required
herein in connection therewith have either been constructed or guaranteed
as required by these regulations.
E.
Nothing in these regulations shall be deemed to require
the approval of the Board for subdivisions by lease of land for agricultural
purposes into parcels of more than 10 acres not involving any new
street or easement of access or residential dwellings.
F.
Nothing in these regulations shall be deemed to require
the approval of the Board for subdivisions for the Township of Penn
or the Penn Township Sewage Authority for municipal uses as defined
in the Zoning Ordinance[1] of the Township of Penn; provided, however, that any aforesaid
subdivision plan shall be submitted to the Planning Commission for
advisory comments and recommendations.
[Amended 1-18-2017 by Ord. No. 914]
A.
Hardship created by exceptional topographic or other
physical conditions.
(1)
In any particular case where the developer can show
by plan and written statement that, by reason of exceptional topographic
or other physical conditions, strict compliance with any requirement
of this chapter would cause practical difficulty or exceptional and
undue hardship, the Board of Commissioners may relax such requirements
to the extent deemed just and proper, so as to relieve such difficulty
or hardship, provided that such relief may be granted without detriment
to the public good and without impairing the intent and purpose of
this chapter or the desirable general development of the neighborhood
and the Township in accordance with the Comprehensive Plan.
(2)
Modifications considered by the Board of Commissioners under this section shall relate only to the provisions of this chapter, and all requests for variances of any aspect of Chapter 190, Zoning, including building lines, related to the approval of a plan of subdivision shall remain within the sole jurisdiction of the Zoning Hearing Board.
(3)
Any modification granted under this section shall
be entered in the minutes of the Board of Commissioners, setting forth
the reasons which, in the opinion of the Board of Commissioners, justified
the modification. Any resolution of the Board of Commissioners granting
approval to such plan of subdivision also shall make reference to
the modification granted and the reasons therefore
B.
Modifications to construction specifications for public
improvements.
(1)
When the developer proposes an alternate and equal
or superior specification or method of construction of a required
public improvement, the Board of Commissioners, upon the recommendation
of the Township Engineer, may approve such alternate specification
or method of construction, provided that such modification shall not
be contrary to the public health and safety and shall assure the adequacy
of the required public improvements.
(2)
Any modification thus granted shall be entered in
the minutes of the Board of Commissioners, setting forth the recommendation
of the Township Engineer and the reasons which, in the opinion of
the Board of Commissioners, justified the modification. Any resolution
of the Board of Commissioners granting approval to such plan of subdivision
also shall make reference to the modification granted and the reasons
therefor.
C.
Procedure for reviewing requests for modifications
and exceptions. The Board of Commissioners shall not act upon a request
for a modification or exception to this chapter unless and until all
of the following requirements have been met:
(1)
The applicant has submitted a request, in writing,
at the time of filing of the application for preliminary or final
approval, including a statement justifying the request and the required
fee.
(2)
A recommendation from the Planning Commission has
been received or the time allotted for review of a plat by the Planning
Commission has expired.
[Amended 1-18-2017 by Ord. No. 914]
(3)
A resolution is adopted at any public meeting granting
or denying the requested modification or exception which states the
reasons for approval or disapproval.
D.
Procedure for appeals. In the event that the Board
denies a request for a modification submitted under this section,
the landowner shall have such rights of appeal as specified by the
Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
Any party aggrieved by the decision of the Board,
within 30 days therefrom, may file an appeal in accordance with the
procedures for appeals specified by the Pennsylvania Municipalities
Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
The Board, may, from time to time, amend, supplement
or change the provisions of this chapter in accordance with the following
provisions.
A.
Planning Commission review. In the case of amendments
other than those prepared by the Township Planning Commission, the
Board shall submit the proposed amendment to the Planning Commission
for recommendations at least 30 days prior to the date fixed for the
Board's public hearing on the proposed amendments.
[Amended 1-18-2017 by Ord. No. 914]
B.
County Planning Commission review. The proposed amendment
shall be submitted to the Westmoreland County Planning Commission
for review and recommendations at least 30 days prior to the public
hearing on the amendment.
C.
Public hearing. Amendments to this chapter shall become
effective only after a public hearing by the Board held pursuant to
public notice, as defined herein.
D.
Publication, advertisement and availability of provisions.
(1)
Proposed amendments shall not be enacted unless public
notice, as defined herein, of the proposed enactment is given, including
the time and place of the meeting at which passage will be considered,
a reference to a place within the Township where copies of the proposed
amendment may be examined without charge or obtained for a charge
not greater than the cost thereof.
(2)
The Board shall publish the proposed amendment once
in a newspaper of general circulation in the Township not more than
60 days nor less than seven days prior to passage. Publication of
the proposed amendment shall include either the full text thereof
or the title and a brief summary, prepared by the Township Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included
(a)
A copy thereof shall be supplied to a newspaper
of general circulation in the Township at the time the public notice
is published.
(b)
An attested copy of the proposed amendment shall
be filed in the county law library or other county office designated
by the County Commissioners, who may impose a fee no greater than
that necessary to cover the actual costs of storing said ordinances
(c)
In the event that substantial amendments are
made in the proposed amendment, before voting on enactment, the Board
shall, at least 10 days prior to enactment, readvertise in one newspaper
of general circulation in the Township a brief summary setting forth
all the provisions in reasonable detail, together with a summary of
the amendments.
(d)
Subdivision and land development amendments
may be incorporated into official ordinance books by reference with
the same force and effect as if duly recorded therein.
E.
Filing after enactment. Within 30 days after adoption,
the Board shall forward a certified copy of the amendment to the Westmoreland
County Planning Commission.
As used in this chapter, the following terms
shall have the meanings indicated:
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
The Board of Commissioners of Penn Township, Westmoreland
County, Pennsylvania.
A line parallel to, or concentric with, the front lot line
at a distance therefrom equal to the depth of the required front yard
for the zoning district in which the lot is located (also known as
"building setback line").
See "building line, front."
That area of a street within which vehicles are permitted,
including traveling lanes and parking areas but not including shoulders,
curbs, sidewalks or swales.
An area of unobstructed vision at street intersections, defined
by lines of sight between points on the center lines at a given distance
from the intersection of street lines.
The Planning Commission of Penn Township, Westmoreland County,
Pennsylvania.
[Amended 1-18-2017 by Ord. No. 914]
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.
The Comprehensive Plan (which may consist of several maps,
data, etc.) or any portion thereof, made by the Planning Commission
which shows the location and extent of physical facilities, including
major streets and main thoroughfares, parks, schools and other public
open spaces and public building sites.
[Amended 1-18-2017 by Ord. No. 914]
Westmoreland County, Pennsylvania.
A right-of-way, municipally authorized, which cuts across
a block to furnish access for pedestrians to adjacent streets or properties.
See "street."
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
A grant by the owner of land for the use of all or a portion
of such by others, including the public, for a specific purpose or
purposes.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Township.
The final map of a subdivision which is submitted for approval
by the Board and which, if approved, will be filed with the County
Recorder of Deeds.
The Township Board of Commissioners.
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including but not limited to
grading, pavement, curbs, storm and sanitary sewers, gutters, drains,
water mains, fire hydrants and betterments to existing watercourses,
sidewalks, street signs, crosswalks, shade trees, sodding or seeding,
street name signs and monuments.
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;
or
A subdivision of land.
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 is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land.
A plan prepared by a registered professional identifying
proposed landscape features, materials and vegetation. The requirements
of a landscape plan are identified in this chapter.
[Added 6-21-2017 by Ord.
No. 918]
A portion of a subdivision or other parcel of land intended
as a unit of transfer of ownership or for development which has frontage
on a public or private street.
[Amended 11-12-2002 by Ord. No. 759]
The area of a lot exclusive of any portion of a right-of-way
of any public or private street.
[Added 11-12-2002 by Ord. No. 759]
Surety, in a form acceptable to the Township, in the form
of cash, a certified check, a letter of credit or corporate bond from
a Pennsylvania-licensed 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 subdivision containing no more than six lots, tracts or parcels proposed for the construction of either single-family dwellings or two-family dwellings or for the transfer of property between lots which contain existing single-family dwellings or two-family dwellings, all of which have frontage on an improved public street, not involving any new public street or road or the extension of municipal facilities or the creation of any public improvements and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision of Chapter 190, Zoning, or these regulations.
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 the site complete and ready
for occupancy, except for minor and incidental unpacking and assembly
operations, and constructed so that it may be used without 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 mobile home.
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
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.
[Amended 1-18-2017 by Ord. No. 914]
The map or plan of a subdivision or land development, whether
preliminary or final.
The preliminary map, drawing or chart indicating the proposed
layout of the subdivision.
A formal meeting held pursuant to public notice by the Board
of Commissioners or the Planning Commission, intended to inform and
obtain public comment, prior to taking action in accordance with this
chapter.
[Amended 1-18-2017 by Ord. No. 914]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
[1]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.
A single-axle or multiple-axle structure mounted on wheels
or otherwise capable of being made mobile, either by its own motive
power or designed to be mounted on or drawn by an automotive vehicle
for the purpose of travel, camping, vacation and recreational use,
including but not limited to travel trailers, motor homes, tent trailers,
boats, boat trailers, pickup truck or van campers and horse trailers,
but not including mobile homes.
An individual licensed in the Commonwealth of Pennsylvania
to perform services or activities required by provisions of this chapter
and qualified by training and experience to perform the specific services
and/or activities with technical competence.
[Added 6-21-2017 by Ord.
No. 918]
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation which is occupied or intended
to be occupied by a road, crosswalk, railroad, transmission line,
pipeline, waterline, sanitary or storm sewer and/or similar use. For
platting purposes, all rights-of-way for public or private streets
shall not be included within the dimensions or areas of such lots
or parcels. Rights-of-way involving maintenance by a public agency
shall be dedicated to the public use.
[Amended 11-12-2002 by Ord. No. 759]
The Secretary of Penn Township, Westmoreland County, Pennsylvania.
An accessory structure in the form of a propane tank, dumpster,
air-conditioning unit and condenser, electrical transformer, and other
similar equipment or element providing service to a building or lot.
[Added 6-21-2017 by Ord.
No. 918]
The maximum distance of unobstructed vision in a horizontal
or vertical plane from within an automobile located at any given point
on a street.
The total land area of all parcels included in a zoning,
subdivision and/or land development application.
[Added 6-21-2017 by Ord.
No. 918]
The Solicitor or legal adviser of Penn Township, Westmoreland
County, Pennsylvania.
The distance between property lines, measured at right angles
to the center line of the street.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place or however otherwise designated, including:
PUBLIC STREETA street, including the entire public right-of-way, which has been dedicated and accepted by the Township.
ARTERIAL HIGHWAY, MAJOR THOROUGHFARE, MAJOR STREET or MAJOR HIGHWAYA principal or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas usually designated as United States Highways or state primary or secondary highways, including PA Route 66, PA Route 130, PA Route 993, Harrison City-Export Road, Penn Woods Drive (S.R. 4027), Murrysville Road (S.R. 4033), Nike Site Road (S.R. 4025), S.R. 4037, S.R. 4037 (Jeannette to Claridge), S.R. 4043 and S.R. 4047 (between Pleasant Valley Road and S.R. 4043).
COLLECTOR ROADA public street which, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial roads. Streets classified as collector roads, for purposes of interpreting this chapter, in the Township are Pennwoods Drive (S.R. 4027), Blank Road (S.R. 4024), Paintertown Road (S.R. 4029), Baker School Road (S.R. 4031), Mellon Road (S.R. 4026), Ridge Road (S.R. 4007) and Boxcartown Road (S.R. 4047).
[Amended 11-24-1997 by Ord. No. 689]
CUL-DE-SAC (COURT or DEAD-END STREET)A minor street having one open end to traffic and being permanently terminated by a vehicular turnaround.
[Amended 4-7-2003 by Ord. No. 772]
MARGINAL ACCESS STREETA minor street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
MINOR STREETA street used primarily for access to the abutting properties.
The shortest distance between the lines delineating the right-of-way
of a street.
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; 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 residential
dwellings shall be exempted.
Where, in the judgment of the engineer, at least 90% (based
on the cost of the required improvements for which financial security
was posted) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan
so that the project will be able to be used, occupied or operated
for its intended use.
Penn Township, Westmoreland County, Pennsylvania.
[1]
Editor's Note: See now 65 Pa.C.S.A. § 701
et seq.
