This chapter shall be known and may be cited as the "Township of South Fayette Subdivision and Land Development Ordinance" or just the "Subdivision Regulations."
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.).
The purpose of this chapter is to regulate all subdivision, resubdivision, consolidation and land 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 and buildings; the proper design of streets to accommodate projected traffic and facilitate fire protection; the provision of adequate easements or rights-of-way, gutters, storm and sanitary drainage facilities, walkways, stormwater management and other required public facilities; and the proper design of land developments in accordance with the requirements of this chapter and the Township Zoning Ordinance.
These Subdivision Regulations are made in accordance with the goals and objectives set forth in the Township's Comprehensive Plan, adopted August 15, 2000, 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 provision of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements; and
B. 
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.
A. 
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. The word "building" includes structure or any part thereof. 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.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A subordinate building, the use of which is customarily incidental to that of the principal building and is used for an accessory use, and is located on the same lot with the principal building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use and located on the same lot with the principal use.
ALLEY
See "street, service."
AMENITIES BOND
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 those private improvements in a subdivision or land development plan which are required by this chapter or are voluntarily proposed by the developer.
APPLICANT
A landowner or developer who has filed an application for development, including his or her heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
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.
ARTERIAL STREET
See "street, arterial."
BLOCK
A tract of land bounded by streets, public lands, railroad rights-of-way, waterways or municipal boundary lines.
BOARD OF COMMISSIONERS
The Board of Commissioners of the Township of South Fayette, Allegheny County, Pennsylvania.
BUFFER AREA
A strip of land required by the Zoning Ordinance 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 Township requirements.
BUILDING
Any structure having enclosing walls and roofs and requiring a permanent location on the land.
BUILDING LINE
See "front building line."
CARTWAY
That portion of the street right-of-way which is surfaced for vehicular use, excluding shoulders and curbs.
CLEAR SIGHT TRIANGLE
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. (See Appendix I.[1])
CODE ENFORCEMENT OFFICER
The designated official or an authorized representative appointed by the Board of Commissioners whose duty it shall be to administer and enforce this chapter, the Township Zoning Ordinance, the Township Building Code and such other ordinances as the Board of Commissioners ordains.[2]
COLLECTOR STREET
See "street, collector."
CONDOMINIUM
A building where each unit in the structure is individually owned and the owner of each unit has an undivided interest in the common areas and facilities of the structures and surrounding grounds.
CONSOLIDATION
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.
CONSTRUCTION STANDARDS
See "Township Construction Standards."
COUNTY
Allegheny County, Pennsylvania.
COUNTY PLANNING AGENCY
Allegheny County Department of Economic Development.
CROSSWALK
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.
CUL-DE-SAC
A street having one end open to traffic and being permanently terminated by a vehicle turnaround, including a court or dead-end street.
DECLARATION PLAN
A survey of property prepared in accordance with the requirements of the Uniform Condominium Act[3] which describes the unit boundaries and the common elements.
DEVELOPER
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.
DEVELOPMENT PLAN
See "land development plan."
DOUBLE FRONTAGE LOT
A lot having two or more of its nonadjoining property lines abutting a street or streets, usually having front and rear street frontage.
DRIVEWAY, PRIVATE
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.")
DWELLING, SINGLE-FAMILY
A detached residential building designed exclusively for occupancy by one family which contains one dwelling unit and which is the only principal building on the lot.
DWELLING, TWO-FAMILY
A detached residential building designed exclusively for occupancy by two families which contains two dwelling units and which is the only principal building on the lot, including duplexes and double houses.
DWELLING, MULTIFAMILY
A residential building containing three or more separate dwelling units, including garden apartments, townhouses, triplexes and fourplexes.
DWELLING, TOWNHOUSE
A dwelling unit located in a residential building which contains three or more dwelling units, each of which is separated from the adjoining unit or units by a continuous unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
DWELLING UNIT
One or more rooms designed for the use of one family with cooking, living, sanitary and sleeping facilities, and in a separate room, a toilet and tub or shower, with hot and cold water supply, all for the exclusive use of the family occupying the dwelling unit.
EASEMENT
A grant of one or more property rights by the property owner to and for use by the public, a corporation or any other person, the use of which shall not be inconsistent with the rights of the grantee and in which no permanent structure shall be erected.
ENGINEER
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.
EVIDENCE OF PROPRIETARY INTEREST
Any contract, whether subject to any condition or not, or a certificate of title or other legal document whereby a person shall have the legal or equitable rights of the landowner in all matters relating to an application filed under this chapter.
FAMILY
An individual, or two or more persons related by blood, marriage, adoption or foster child care, including domestic servants or gratuitous guests, thereof; or a group of not more than three unrelated persons living together without supervision in a dwelling unit or any number of persons protected by the provisions of the Fair Housing Act (42 U.S.C. 3601 et seq., as now or hereafter amended) living together in a group living arrangement with supervision.
FEE
The required charge payable to the Township which is established from time to time by resolution of the Board of Commissioners to defray the costs of processing an application, reviewing an application or inspecting the installation of improvements.
FINAL APPLICATION
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.
FINAL PLAT
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.
FRONT BUILDING LINE
A line parallel to, or concentric with, the front lot line, at a distance therefrom which is equal to the depth of the front yard required by the Zoning Ordinance for the zoning district in which the lot is located.
INSPECTOR
The Township Engineer or his/her 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.
LAND DEVELOPMENT
Any of the following activities:
(1) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively;
(b) 
A single nonresidential building on a lot or lots regardless of the number of occupants or tenure, including any change of use or structural alteration of a nonresidential building or other improvement to the land which results in additional land coverage by principal nonresidential structures and/or paving or the construction of stormwater management facilities; or
(c) 
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.
(2) 
A subdivision of land; and
(3) 
Developments authorized to be excluded from the regulation of land development by § 215-8 of this chapter.
LAND DEVELOPMENT PLAN
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, if any. The land development plan shall include all of the written and graphic information required by this chapter.
LANDOWNER
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.
LOT
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 intended to be used as a unit for development or transfer of ownership.
LOT AREA
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.
LOT, CORNER
A lot at the intersection of and fronting upon two or more street rights-of-way.
LOT DEPTH
The mean horizontal distance between the front lot line and the rear lot line.
LOT, DOUBLE FRONTAGE
See "double frontage lot."
LOT FRONTAGE
The portion of the lot which abuts the street measured along the front lot line.
LOT LINE, FRONT
That lot line which is contiguous with either the street right-of-way line or the street center line.
LOT LINE, REAR
That lot line which is opposite and most distant from the front lot line.
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot line.
LOT WIDTH
The straight line distance between the points of intersection of the front building line with the side lot lines.
MAINTENANCE BOND
Surety, in a form acceptable to the Township, in the form of cash, a certified check, an irrevocable letter of credit or a restrictive or escrow account in a federal or commonwealth chartered lending institution or a corporate bond from an approved surety company which guarantees the repair or maintenance of the public improvements required by this chapter for a specified period following their completion and acceptance by the Township.
MAJOR SUBDIVISION
A subdivision, containing five or more lots or any subdivision, regardless of the number of lots, which involves the creation, extension or improvement of any public street.
MEDIATION
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.
MINOR SUBDIVISION
A subdivision containing not more than four lots, all of which have frontage on an improved public street, and which subdivision does not involve the construction or improvement of any public street, but which may or may not involve the extension or creation of any other public improvements and which does not adversely affect the future development of the remainder of the parcel or any adjoining property.
OFFICIAL DATE OF FILING
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.
PARCEL
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.
PERFORMANCE BOND
Surety, in a form acceptable to the Township, in the form of cash, a certified check, an irrevocable letter of credit or a restrictive or escrow account in a federal or commonwealth chartered lending institution or a corporate performance bond from a Pennsylvania licensed surety company which guarantees the satisfactory completion of the public improvements required by this chapter, except those improvements for which surety has been posted with a public utility or municipal authority or with the Pennsylvania Department of Transportation (PennDOT) as a condition of a highway occupancy permit.
PLANNING COMMISSION
South Fayette Township Planning Commission.
PLAT
A map or plan, either preliminary or final, indicating the subdivision, consolidation or redivision of land or a land development.
PRELIMINARY APPLICATION
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.
PRELIMINARY PLAT
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.
PRINCIPAL BUILDING
The building or portion thereof housing the principal use of the land.
PRINCIPAL USE
The primary or predominant use of a lot or structure.
PRIVATE DRIVEWAY
See "driveway, private."
PRIVATE IMPROVEMENTS
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, partnership, corporation or homeowners' association and constructed in accordance with the Township Construction Standards.
PRIVATE STREET
See "street, private."
PUBLIC HEARING
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.
PUBLIC IMPROVEMENTS
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 shall comply with the Township Construction Standards.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84, as amended), known as the "Sunshine Act."[4]
PUBLIC NOTICE
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 not be more than 30 days and the second notice shall not be less than seven days from the date of the public hearing.
RIGHT-OF-WAY
An area of land reserved or dedicated for public or private purposes.
RIGHT-OF-WAY, STREET
An area of land reserved or dedicated as a street for public or private purposes.
STREET
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.
STREET, ARTERIAL
A public street which serves large volumes of local and through traffic and which collects and distributes traffic from collector streets through the region and which carries a daily volume of 8,000 AWDT (average weekday traffic) or more.
STREET, COLLECTOR
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 and which carries a daily volume of at least 3,000 AWDT (average weekday traffic), but no more than 7,999 AWDT (average weekday traffic).
STREET, HALF
One side of a street divided longitudinally along the center line of the right-of-way.
STREET, LOCAL
A public street designed to provide access to abutting lots and to discourage through traffic and which carries a daily volume of less than 3,000 AWDT (average weekday traffic).
STREET, PRIVATE
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 require access to a public street through the private street. (See also "driveway, private.")
STREET, PUBLIC
A street including the entire public right-of-way, which has been dedicated to and accepted by the Township or which has been devoted to public use by legal mapping, use or other means.
STREET, SERVICE
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.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether not affixed to the land.
SUBDIVISION
The consolidation of two or more lots or 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.
SUBDIVISION, MAJOR
See "major subdivision."
SUBDIVISION, MINOR
See "minor subdivision."
SURVEY
A plan prepared by a registered surveyor indicating the precise metes and bounds of a lot or parcel showing all easements and rights-of-way of record and all other existing conditions which represent encumbrances or restrictions on the use of the property.
SURVEYOR
A registered professional land surveyor licensed as such by the Commonwealth of Pennsylvania.
SWALE
A low lying stretch of land which gathers or carries surface water runoff.
TOWNSHIP
Township of South Fayette, Allegheny County, Pennsylvania.
TOWNSHIP CONSTRUCTION STANDARDS
A document entitled "South Fayette Township Construction Standards" prepared by the Township Engineer, adopted and amended from time to time by resolution of the Board of Commissioners upon recommendation of the Township Engineer, copies of which are on file in the office of the Township Manager.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, with training and experience in civil engineering, duly appointed by the Board of Commissioners to serve as the engineer for the Township.
TOWNSHIP SOLICITOR
The attorney appointed by the Board of Commissioners to serve as legal counsel for the Township.
WATERCOURSE
A permanent stream, intermittent stream, river, brook, creek, channel or ditch which carries water, whether natural or man-made.
ZONING ORDINANCE
The Township of South Fayette Zoning Ordinance, Chapter 240 of the Code of the Township, as now or hereafter amended.
[2]
Editor's Note: See Ch. 240, Zoning, and Ch. 125, Building Construction.
[3]
Editor's Note: See 68 Pa. C.S.A. § 3101 et seq.
[4]
Editor's Note: See 65 P.S. § 271 et seq.