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.Â
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.Â
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.Â
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.Â
ACCESSORY BUILDING
ACCESSORY USE
ALLEY
AMENITIES BOND
APPLICANT
APPLICATION FOR DEVELOPMENT
ARTERIAL STREET
BLOCK
BOARD OF COMMISSIONERS
BUFFER AREA
BUILDING
BUILDING LINE
CARTWAY
CLEAR SIGHT TRIANGLE
CODE ENFORCEMENT OFFICER
COLLECTOR STREET
CONDOMINIUM
CONSOLIDATION
CONSTRUCTION STANDARDS
COUNTY
COUNTY PLANNING AGENCY
CROSSWALK
CUL-DE-SAC
DECLARATION PLAN
DEVELOPER
DEVELOPMENT PLAN
DOUBLE FRONTAGE LOT
DRIVEWAY, PRIVATE
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING, MULTIFAMILY
DWELLING, TOWNHOUSE
DWELLING UNIT
EASEMENT
ENGINEER
EVIDENCE OF PROPRIETARY INTEREST
FAMILY
FEE
FINAL APPLICATION
FINAL PLAT
FRONT BUILDING LINE
INSPECTOR
LAND DEVELOPMENT
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
(3)Â
LAND DEVELOPMENT PLAN
LANDOWNER
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT, DOUBLE FRONTAGE
LOT FRONTAGE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
MAINTENANCE BOND
MAJOR SUBDIVISION
MEDIATION
MINOR SUBDIVISION
OFFICIAL DATE OF FILING
PARCEL
PERFORMANCE BOND
PLANNING COMMISSION
PLAT
PRELIMINARY APPLICATION
PRELIMINARY PLAT
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE DRIVEWAY
PRIVATE IMPROVEMENTS
PRIVATE STREET
PUBLIC HEARING
PUBLIC IMPROVEMENTS
PUBLIC MEETING
PUBLIC NOTICE
RIGHT-OF-WAY
RIGHT-OF-WAY, STREET
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, HALF
STREET, LOCAL
STREET, PRIVATE
STREET, PUBLIC
STREET, SERVICE
STRUCTURE
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SURVEY
SURVEYOR
SWALE
TOWNSHIP
TOWNSHIP CONSTRUCTION STANDARDS
TOWNSHIP ENGINEER
TOWNSHIP SOLICITOR
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 principal building and is used for an accessory use,
and is located on the same lot with the principal building.
A use customarily incidental and subordinate to the principal
use and located on the same lot with the principal use.
See "street, service."
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.
A landowner or developer who has filed an application for
development, including his or her heirs, successors and assigns.
Any application, whether preliminary or final, required to
be filed and approved prior to the start of construction or development,
including, but not limited to, an application for the approval of
a subdivision or land development.
See "street, arterial."
A tract of land bounded by streets, public lands, railroad
rights-of-way, waterways or municipal boundary lines.
The Board of Commissioners of the Township of South Fayette,
Allegheny County, Pennsylvania.
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.
Any structure having enclosing walls and roofs and requiring
a permanent location on the land.
See "front building line."
That portion of the street right-of-way which is surfaced
for vehicular use, excluding shoulders and curbs.
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])
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]
See "street, collector."
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.
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 "Township Construction Standards."
Allegheny County, Pennsylvania.
Allegheny County Department of Economic Development.
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.
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.
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.
See "land development plan."
A lot having two or more of its nonadjoining property lines
abutting a street or streets, usually having front and rear street
frontage.
A vehicular access route serving only one parcel or lot which
provides access to a public street, but which does not provide access
to any other lot or parcel under separate ownership. (See also "street,
private.")
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.
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.
A residential building containing three or more separate
dwelling units, including garden apartments, townhouses, triplexes
and fourplexes.
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.
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.
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.
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.
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.
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.
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.
The written and graphic materials specified by this chapter
to be submitted to the Township in order to obtain final approval
of a proposed subdivision or land development plan.
The map or plan of a proposed subdivision or land development
containing all the information required by this chapter and the Allegheny
County Subdivision Regulations for final plat approval and in a form
acceptable for recording in the Office of the Allegheny County Recorder
of Deeds.
A line parallel to, 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.
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.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively;
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
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; and
Developments authorized to be excluded from the regulation of land development by § 215-8 of this chapter.
A plan which encompasses a proposed land development which,
in addition to a plat of subdivision, if required, includes: all covenants
relating to the use of the land; the proposed use, location and bulk
of buildings and other structures; the intensity of use or density
of development; streets, ways and parking facilities; common open
space and public facilities, 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 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.
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.
A lot at the intersection of and fronting upon two or more
street rights-of-way.
The mean horizontal distance between the front lot line and
the rear lot line.
See "double frontage lot."
The portion of the lot which abuts the street measured along
the front lot line.
That lot line which is contiguous with either the street
right-of-way line or the street center line.
That lot line which is opposite and most distant from the
front lot line.
Any lot line which is not a front lot line or a rear lot
line.
The straight line distance between the points of intersection
of the front building line with the side lot lines.
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.
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.
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 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.
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.
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.
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.
South Fayette Township Planning Commission.
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 Township in order to obtain preliminary approval
of a proposed subdivision or land development.
The map or plan of a proposed subdivision or land development
which contains all of the information required by this chapter for
approval of a preliminary plat.
The building or portion thereof housing the principal use
of the land.
The primary or predominant use of a lot or structure.
See "driveway, private."
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.
See "street, private."
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.
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.
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]
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.
An area of land reserved or dedicated for public or private
purposes.
An area of land reserved or dedicated as a street for public
or private purposes.
A way designed for circulation of vehicular traffic, including
the entire right-of-way and cartway, whether designated as a street,
highway, throughway, thoroughfare, parkway, boulevard, road, avenue,
lane, place or the like.
A public street which serves large volumes of local and through
traffic and which collects and distributes traffic from collector
streets through the region and which carries a daily volume of 8,000
AWDT (average weekday traffic) or more.
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).
One side of a street divided longitudinally along the center
line of the right-of-way.
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).
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.")
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.
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 not affixed to the land.
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.
See "major subdivision."
See "minor subdivision."
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.
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.
Township of South Fayette, Allegheny County, Pennsylvania.
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.
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.
The attorney appointed by the Board of Commissioners to serve
as legal counsel for the Township.
A permanent stream, intermittent stream, river, brook, creek,
channel or ditch which carries water, whether natural or man-made.
The Township of South Fayette Zoning Ordinance, Chapter 240 of the Code of the Township, as now or hereafter amended.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
[3]
Editor's Note: See 68 Pa. C.S.A. § 3101
et seq.
[4]
Editor's Note: See 65 P.S. § 271
et seq.
