This chapter shall be known and may be cited
as the "Borough of Aldan Subdivision and Land Development Chapter."
The purpose of this chapter is to assure sites
suitable for building purposes and human habitation and to provide
for the harmonious development of the Borough of Aldan and to provide
for adequate open spaces, traffic, recreation, light and air and for
the proper distribution of the population, thereby creating conditions
favorable to the health, safety, morals and general welfare of the
citizens of the Borough of Aldan.
A.
As used in these regulations, words in the singular
include the plural and those in the plural include the singular. The
word "person" includes a corporation, unincorporated association and
a partnership, as well as an individual. The word "building" includes
structures and shall be construed as if followed by the phrase "or
part thereof." The word "street" includes avenue, boulevard, court,
expressway, highway, lane and road. The word "watercourse" includes
channel, creek, ditch, drain, dry run, spring and stream. The word
"may" is permissive; the words "shall" and "will" are mandatory.
B.
ACCELERATED EROSION
ACT
ALLEY
APPLICANT
APPLICATION FOR DEVELOPMENT
ARCHITECT
BLOCK
BUFFER YARD
BUILDING
BUILDING SETBACK LINE
CARTWAY
CLEAR SIGHT TRIANGLE
COMMON OPEN SPACE
CONDOMINIUM
COUNCIL
CRITICAL AREAS
CROSSWALK (INTERIOR WALK)
CUL-DE-SAC
DESIGN STANDARDS
DETENTION BASIN
DEVELOPER
DEVELOPMENT AGREEMENT
DRAINAGE
DRAINAGE AREA
DRAINAGE FACILITY
DRIVEWAY
EARTHMOVING ACTIVITY
EASEMENT
ENGINEER
EROSION
FLOODPLAIN
GUARANTY, MAINTENANCE
GUARANTY, PERFORMANCE
IMPERVIOUS COVER
IMPROVEMENT SPECIFICATIONS
INTERIOR WALK
LAND DEVELOPMENT
As used in this chapter, the following terms shall
have the meanings indicated:
The removal of the surface of the land through the combined
actions of man and natural processes at a rate which is greater than
would occur from the natural process upon undisturbed land.
The Pennsylvania Municipalities Planning Code of July 31,
1968, 53 P.S. § 10101 et seq. (Act 247), as amended from
time to time.
A public or private way affording only secondary means of
access to abutting property, not intended for general traffic circulation.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assignees.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including but not limited to an application for building permit or
for the approval of a subdivision plan or plot.
A person licensed to practice architecture in the Commonwealth
of Pennsylvania.
A tract of land bounded by streets or by a combination of
streets, railroads, watercourses, public lands or boundary lines of
the borough.
A strip of land at least 20 feet in width which may be a
part of the minimum setback distance and which is free of any principal
or accessory building, parking, outdoor storage or any other use than
open space.
A structure having a roof supported by columns or walls,
used for the shelter, housing or enclosure of persons, animals or
property. "Building" is interpreted as including "or part thereof."
An established line within a property defining the minimum
required distance between any building to be erected and the nearest
boundary of the street line or front lot line.
The portion of a street right-of-way, paved or unpaved, customarily
used by vehicles in the regular course of travel over the street.
An area of unobstructed vision at a street intersection defined
by lines of sight between points at a given distance from the intersection
of the street center lines.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use and enjoyment of residents of the development, but not
including streets and off-street parking areas. Common open space
shall be substantially free of structures but may contain such improvements
as are in the subdivision or development plan as finally approved
and as are appropriate for the recreation of residents.
A type of ownership of real property, wherein each unit is
individually owned in fee simple, while land and appurtenances remain
under common ownership in accordance with the Uniform Condominium
Act of 1980.[1]
The Council of Aldan Borough.
Areas of a subdivision or land development particularly subject
to erosion and sedimentation, such as areas not covered with vegetation
due to grading, cutting or filling, which contain exposed subsoils
or mixtures of soil horizons, or excessively long slopes or steep
grades.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street.
A minor street intersecting another street at one end and
terminated at the other by a vehicular turnaround.
Minimum standards for the layout by which a subdivision or
land development is developed.
A structure designed to retard surface water runoff for a
period of time sufficient to cause the deposition of sediment and
to retard the velocity and rate of surface flows leaving a site as
a means of preventing erosion.
Any landowner, agent of a landowner or tenant with the permission
of a landowner who makes or causes to be made a subdivision of land
or a land development.
A written contract between an applicant and the borough specifying
the conditions of final approval by the borough.
The flow of water, liquid waste and the method of directing
such flow, whether natural or artificial.
The upstream watershed area of a drainage basin measured
from a point of discharge in the watercourse.
Any structure or improvement designed, intended or constructed
for the purpose of diverting surface waters from or carrying surface
water off streets, public rights-of-way or any part of any subdivision
or land development.
A private means of vehicular access between a public or private
street to private property.
Man-made activities resulting in the movement of soil or
the stripping of vegetative cover from the earth.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose, and within which
the owner of the property shall not erect any permanent structures,
but shall have the right to make other use of the land which is not
inconsistent with the rights of the grantee.
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
The movement of soil by the action of wind and/or water.
An area of land adjacent to the channel of a watercourse
which has been or is likely to be subjected to inundation by flood
having a frequency of recurrence of once in 100 years.
Any approved security which may be required of the applicant
by the borough after final acceptance by the borough of installed
improvements.
Any approved security which may be required of the applicant
by the borough as a condition of final plan approval to guarantee
that public improvements are installed in accordance with the final
plan and the applicable provisions of this chapter.
Material which is impenetrable or unable to absorb water,
including but not limited to buildings, structures, paved areas and
porous paving although able to absorb water.
Minimum standards for the construction of the required improvements
such as streets, curbs, sidewalks, water mains, sewer, drainage, public
utilities and other items required to render the land suitable for
the use proposed.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
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 one nonresidential
building, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots, regardless of the number
of occupants or tenants; or
(b)
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.
(3)
LANDOWNER
LICENSE
LOT
LOT AREA
LOT, CORNER
LOT, DOUBLE-FRONTAGE
LOT, INTERIOR
LOT, REVERSE-FRONTAGE
LOT WIDTH
MOBILE HOME
MOBILE HOME PARK
MOBILE HOME SPACE
MONUMENT
MULTIPLE-DWELLING BUILDING
PLANNING COMMISSION
PLAN, COMPREHENSIVE
PLAN, CONSTRUCTION IMPROVEMENT
PLAN, FINAL
PLAN, PRELIMINARY
PLAN, PROFILE
PLAN, RECORD
PLANS, AS-BUILT
PLAN, SEDIMENTATION AND EROSION
PLAN, SKETCH
PLAT
PUBLIC IMPROVEMENT
PUBLIC NOTICE
RESERVE STRIP
RESIDENT PROPERTY OWNER
RESUBDIVISION
RETENTION BASIN
REVIEW
RIGHT-OF-WAY
SCREEN
SECRETARY
SEDIMENT
SHADE TREES
SIGHT DISTANCE
SOIL PERCOLATION TEST
SPECIMEN TREE
STEEP SLOPE
STREET
Development in accordance with Section 503(1.1) of
the Municipalities Planning Code.[2]
The owner of a legal or equitable interest in land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition) or a leasee (if he
is authorized under the lease to exercise the right of the landowner)
or other person having a proprietary interest in land.
Written approval, in whatever form, as issued by the Pennsylvania
Department of Health and/or the applicable state, county or borough
regulatory bodies authorizing a person to operate and maintain a mobile
home park.
Any parcel or tract of land established by plot, subdivision
or as otherwise permitted by law with frontage on a public or private
right-of-way intended as a unit of ownership, transfer of ownership,
use, rent, improvement or development. The term "lot" includes the
words "plot," "parcel" and "tract."
The area contained within all property lines of a lot. The
following shall not be included when calculating minimum lot area:
space within all street rights-of-way, both public and private, and
all easements of access, sanitary sewer easements, storm sewer easements,
drainage easements, as well as stormwater detention basins and retention
basin easements.
A lot situated at and abutting the intersection of two streets
or upon two parts of the same street having an interior angle of intersection
not greater than 135°. (A corner lot shall have two front yards.)
A lot extending between and having frontage on two generally
parallel streets.
A lot other than a corner lot (whose sides do not abut a
street).
A lot extending between and having frontage on two generally
parallel streets (excluding service streets or alleys), with vehicular
access solely from one street.
The horizontal distance between the side lot lines measured
along the minimum prescribed front yard setback line as set forth
in the Borough Zoning Ordinance.[3]
A transportable single-family dwelling which may be towed
on its own running gear and which may be temporarily or permanently
affixed to real estate, used for nontransient residential purposes
and constructed with the same or similar electrical, plumbing and
sanitary facilities as immobile housing.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
use.
A parcel of land in a mobile home park, constructed with
necessary utility connections, patio and other appurtenances for the
exclusive use of its occupants.
A stone or concrete monument with flat top at least four
inches in diameter or square and at least 24 inches in length. The
monument shall be tapered so that the dimensions at the bottom be
at least two inches greater than the top, to minimize movement by
frost.
A building providing separate living quarters for two or
more families.
The Aldan Borough Planning Commission, Delaware County, Pennsylvania.
The Comprehensive Plan of Aldan Borough, Delaware County,
PA.
A plan prepared by a registered engineer or surveyor in the
Commonwealth of Pennsylvania showing the construction details of streets,
drains, sewers, bridges, culverts and other improvements as required
by this chapter.
A complete and exact subdivision or development plan or plat,
prepared for official recording as required by chapter or statute,
and which includes all information required under this chapter.
A tentative subdivision or development plan, in less detail
than a final plan, which includes all information required under this
chapter.
A plan prepared by an engineer or surveyor registered in
the Commonwealth of Pennsylvania showing the vertical section of the
existing and proposed grades along the center line and right-of-way
lines of any proposed street and public improvements contained therein.
The copy of the final plan which contains the original endorsements
of the County Planning Commission and the borough and which is intended
to be recorded with the County Recorder of Deeds.
A corrected final plan, showing dimensions and locations
of all streets and other public improvements as actually constructed,
including rims, inverts, grade elevations of all-storm and sanitary
sewer facilities. All pipe sizes, type and grades as well must be
provided.
A plan accompanying and forming a part of the preliminary
and final plans detailing the developer's measures to be taken for
protection of stream channels, major trees and other important natural
features and for erosion, surface water runoff and sediment control,
which includes all information required under this chapter.
An informal plan, not necessarily to exact scale, indicating
salient features of a tract and its surroundings and the general layout
of a proposed subdivision or land development.
The map or plan of a subdivision or land development, whether
preliminary or final.
Those facilities which are designed for and available to
the public, which may be offered for dedication, including but not
limited to streets, storm drainage facilities, sanitary sewer facilities,
roadways, sidewalks and utilities.
Notice published once each week for two successive weeks
in a newspaper or general circulation in Aldan Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or fewer than 14 days from the date
of the hearing.
A parcel of ground in separate (sometimes public) ownership
separating a street from other adjacent properties or from another
street.
Any individual maintaining a voting address in the borough
and owning real estate in his/her own or joint names. A tenancy in
common or any other means of joint ownership shall be considered as
an individual; however, the signature of any single joint owner shall
be considered as binding the others.
Any replotting or resubdivision of land, limited to changes
in lot lines on an approved final plan or recorded plan as specified
in these regulations. Other replattings shall be considered as constituting
a new subdivision of land. See also "subdivision."
A reservoir, formed from soil or other material, designed
to permanently retain stormwater runoff from a specified amount of
stormwater runoff, as defined by this chapter. Retention basins include
man-made ponds and lakes.
An examination of the sketch plan, preliminary plan and/or
final plan by the Planning Commission, Borough Engineer and/or Aldan
Borough Council to determine compliance with this chapter and the
administrative regulations, design standards and improvement specifications
enacted pursuant thereto.
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for other public purposes.
A maintained planted all-season visual barrier composed of
natural vegetation (i.e., plants, trees, hedges) arranged to form
a visual barrier.
The Borough Secretary, appointed as such by the Borough Council.
The resulting residue from erosion.
All trees as enumerated in § 220-45 of this chapter and the Aldan Shade Tree Ordinance.
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is obstructed by traffic. Stopping sight distance shall be measured
from a point 3.5 feet above the center lines of the road surface to
a point 0.5 feet above the center line of the road surface.
A field test conducted to determine the suitability of the
soil for on-site stormwater disposal facilities by measuring the absorptive
capacity of the soil at a given location and depth. In accordance
with Title 25, Chapter 73, Standard/or Sewage Disposal Facilities
of the Commonwealth of Pennsylvania Department of Environmental Protection.
A unique, rare or otherwise specifically selected plant or
tree which most typically represents a class or group in terms of
shape, form, historical importance or other characteristics which
may be designated as such by the borough.
Those areas of the borough where the slope exceeds 15% as
defined by the Aldan Borough Steep Slope Ordinance.
A public or private right-of-way intended as a means of vehicular
travel, furnishing access to abutting properties. The term "street"
shall include the words "roads," "highway," "thoroughfare" and "way."
Streets shall be further classified as follows:
(4)
ARTERIAL STREET -- A street designed for large volumes
of comparatively high-speed and long-distance traffic, involving all
streets classified as main and secondary highways by the Pennsylvania
Department of Transportation. Access to abutting properties is restricted
in an effort to give preference to through movement of traffic.
(5)
COLLECTOR STREET -- A street which, in addition to
providing access to abutting properties, intercepts minor local streets
to provide a route serving 50 or more dwelling units to community
facilities and/or other collector and arterial streets.
(6)
MARGINAL ACCESS STREET -- A minor local street, parallel
and adjacent to an arterial street but separated from it by a reserve
strip, which provides access to abutting properties and control of
intersections with arterial streets.
(7)
STREET, CUL-DE-SAC
STREET, PARTIAL
STREET, PRIVATE
STREET, PUBLIC
STRUCTURE
SUBDIVIDER
SUBDIVISION
SUBDIVISION OFFICER
SUBSTANTIAL IMPROVEMENT
SURVEYOR
TRACT
USE
WATERCOURSE
WATERSHED
WATER SUPPLY SYSTEM
WETLANDS
WORKING DAYS
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
MINOR LOCAL STREET -- A street used primarily to provide
access to abutting properties.
A minor street intersecting another street and terminating
in a vehicular turnaround at the other end.
A street, generally parallel and adjacent to a property line,
having a lesser right-of-way width than normally required for improvement
and use of the street.
A local street, serving only abutting lots, which is not
offered or required to be offered for dedication.
A strip of land, including the entire right-of-way (i.e.,
not limited to the cartway) intended for general public use as a means
of vehicular and pedestrian circulation to provide access to more
than one lot. The term "public street" includes any thoroughfare intended
for public use.
Any man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land. The term
"structure" shall include buildings, signs, fences, walls, towers,
swimming pools, porches, garages and similar structures. "Structure"
shall be interpreted as including the words "or part thereof." For
the purpose of this chapter, streets and/or driveways are not considered
to be structures.
Any individual, copartnership or corporation (or agent authorized
thereby) which undertakes the subdivision of land, as defined by these
regulations, as the owner, lessee or equitable owner (or agent authorized
thereby) of the land being subdivided.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other revisions
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. For the purposes of this chapter, the word "subdivision"
shall include "land development."
An agent of the borough, as appointed by Borough Council,
who is responsible for the processing of applications as established
by this chapter.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the fair market value of
the structure either before the improvement or repair is started or,
if the structure has been damaged and is being restored to its condition,
before the damage occurred.
A licensed, professional land surveyor registered under the
laws of the Commonwealth of Pennsylvania.
One or more lots assembled for the purpose of unified development,
including but not limited to a planned residential development, shopping
center, office or industrial park.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water, carrying
or holding surface water, whether natural or man-made.
All the land from which water drains into a particular watercourse.
A system for supplying water from a common source or sources,
available to all dwellings and buildings within a franchise area;
the system falling under the jurisdiction of the Philadelphia Suburban
Water Company (P.U.C.).
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. (The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan and a wetland area designated by a river
basin commission.)
Monday through Friday, excluding holidays.
An open space that lies between the principal building and
the nearest lot line and which is unoccupied and unobstructed from
the ground upward except as herein permitted.
A yard extending the full width of the lot between the principal
building and the front lot line and measured perpendicular to the
building at the closest point to the front lot line. (Refer to Appendix
A-2.)[4]
A yard-extending the full width of the lot between the principal
building and the rear lot line and measured perpendicular to the building
at the closest point to the rear lot line. (Refer to Appendix A-3.)[5]
A yard extending extending from the front yard to the rear
yard between the principal building and the nearest side lot line.
(Refer to Appendix A-4.)[6]
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
No subdivision or land development of any lot,
tract or parcel of land shall be made, and no street, sanitary sewer,
storm sewer, water main or other facilities in connection therewith
shall be laid out, constructed, open or dedicated for public use or
travel or for the common use of occupants of buildings abutting thereon,
except in strict accordance with the provisions of this chapter and
subdivision or land development regulations adopted hereunder.
No lot in any subdivision or land development
shall be sold, no permit to erect, alter or repair any building upon
land in the subdivision or land development shall be issued and no
building shall be erected in a subdivision or land development unless
and until the subdivision or land development plan has been approved
and, where required, recorded and until the improvements required
by the Borough Council in connection therewith have either been constructed
or guaranteed as provided herein, and no permit to erect, alter or
repair any building or structure on land in subdivision or land development
shall be issued under the Borough Building Code unless and until the
owner or his successor in title has complied with all of the provisions
of this chapter, as well as with the requirements of Aldan Borough
Building Code and Zoning Ordinance, as from time to time amended.[1]
