This chapter shall be known and may be cited as the "Borough
of Dormont 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 land subdivision, consolidation and development activities in the Borough by providing for a uniform method for the submission of preliminary and final plats to ensure the proper layout or arrangement of land; the proper design of streets to accommodate projected traffic and to 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 Chapter 210, Zoning.
This chapter is made in accordance with the community development objectives set forth in Chapter 210, Zoning, and the Borough Comprehensive Plan and is 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. 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.
B.
ACCESSORY BUILDING
ACCESSORY USE
ALLEY
AMENITIES BOND
APPLICANT
APPLICATION FOR DEVELOPMENT
ARTERIAL STREET
BOROUGH
BOROUGH COUNCIL
BOROUGH ENGINEER
BUILDING
BUILDING LINE
CARTWAY
CLEAR SIGHT TRIANGLE
COLLECTOR STREET
COMPLETION BOND
CONDOMINIUM
CONSOLIDATION
CONSTRUCTION STANDARDS
COUNTY
COUNTY PLANNING COMMISSION
CROSSWALK
CUL-DE-SAC
DEVELOPER
DOUBLE FRONTAGE LOT
DRIVEWAY, PRIVATE
DWELLING
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EASEMENT
ENGINEER
FEE
FINAL APPLICATION
FINAL PLAT
FRONT BUILDING LINE
INSPECTOR
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
(3)
LAND DEVELOPMENT PLAN
LAND DEVELOPMENT, SINGLE-LOT
LANDOWNER
LOT
LOT AREA
LOT, DOUBLE FRONTAGE
MAINTENANCE BOND
MEDIATION
MINOR SUBDIVISION
OFFICIAL DATE OF FILING
ORDINANCE
PARCEL
PLANNING COMMISSION
PLAT
PRELIMINARY APPLICATION
PRELIMINARY PLAT
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE IMPROVEMENTS
PROFESSIONAL CONSULTANTS
PUBLIC HEARING
PUBLIC IMPROVEMENTS
PUBLIC MEETING
PUBLIC NOTICE
RIGHT-OF-WAY
SINGLE-LOT LAND DEVELOPMENT
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, LOCAL
STREET, PRIVATE
STREET, PUBLIC
STREET, SERVICE
STRUCTURE
SUBDIVISION
SUBDIVISION, MINOR
SURVEYOR
WATERCOURSE
ZONING OFFICER
ZONING ORDINANCE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A building which is on the same lot with, but detached from,
the principal building and which is subordinate to the principal building,
including but not limited to private garages, storage sheds and the
like.
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 Borough, in the form
of cash, a certified check, a letter of credit or a corporate performance
bond from a surety company licensed to do business in Pennsylvania
which guarantees the satisfactory completion of those private improvements
in a subdivision or land development plan which are required by this
chapter or are voluntarily proposed by the developer.
A landowner or developer who has filed an application for
a subdivision or 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."
The Borough of Dormont, Allegheny County, Pennsylvania.
The Borough Council of the Borough of Dormont, Allegheny
County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania with training and experience in civil engineering,
duly appointed by the Borough Council to serve as the Engineer for
the Borough.
A structure used for sheltering any use or occupancy.
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 intersection
of street lines as specified in Appendix A.[1]
See "street, collector."
Surety, in a form acceptable to the Borough, in the form
of cash, a certified check, a letter of credit or a corporate performance
bond from a surety company licensed to do business in Pennsylvania
which guarantees the satisfactory completion of the public improvements
required by this chapter.
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 for the purpose of sale, lease or development of a building or
lot.
A document entitled "Borough of Dormont Construction Standards,"
prepared by the Borough Engineer, adopted and amended from time to
time by resolution of the Borough Council upon recommendation of the
Borough Engineer, copies of which are on file in the office of the
Borough Manager.
Allegheny County, Pennsylvania.
The Allegheny County Planning Commission.
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 right-of-way.
A street having one end open to traffic and being permanently
terminated by a vehicle turnaround, including a court or dead-end
street.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who proposes, makes or causes to be made
a subdivision of land or a land development.
A 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.
Any building designed exclusively for residential purposes,
including single-family, two-family and multifamily dwellings, but
not including hotels, motels or boardinghouses.
A residential building or portion thereof containing three
or more dwelling units.
A residential building containing one dwelling unit which
is the only principal building on the lot.
A residential building containing two independent dwelling
units, each having a separate entrance, and which is the only principal
building on the lot.
One or more rooms that are used as living quarters for one
family and having permanent facilities for sleeping, cooking and eating,
as well as sanitary facilities.
The grant of one or more of the property rights by the property
owner to and for the use by the public, a corporation or another person
or entity within which no permanent structure may be erected, the
use of which shall not be inconsistent with the rights of the grantee.
A professional engineer licensed as such in the commonwealth
with training and experience in civil engineering. The use of the
word "engineer" shall not exclude the practice of topographic surveying
as provided for in state law.[2]
The required charge established from time to time by resolution
of the Borough Council collected to defray the costs of processing
an application, reviewing an application or inspecting the installation
of public improvements which shall be payable to the Borough.
The written and graphic materials specified by this chapter
to be submitted to the Borough 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 the front lot line at a distance therefrom which is equal to the depth of the front yard required by Chapter 210, Zoning, for the zoning district in which the lot is located.
The Borough Engineer or his or her authorized representative qualified and approved by the Borough Council to make any or all necessary inspections of the work performed and materials furnished by the developer or the contractors selected to install the public improvements required by this chapter or any other authorized representative of the Borough Council assigned to inspect private improvements required to be installed by this chapter or Chapter 210, Zoning.
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, or 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 which
results in additional land coverage by structures and/or paving; 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.
Developments authorized to be excluded from the regulation of land development by § 183-8 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. The land development plan shall include
all of the written and graphic information required by this chapter.
A land development, as defined herein, which proposes a single
nonresidential building or structure on a lot or lots which are part
of a plan of subdivision which has been duly recorded in the office
of the Allegheny County Recorder of Deeds.
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.
See "double frontage lot."
Surety, in a form acceptable to the Borough, in the form
of cash, a certified check, a letter of credit or corporate bond from
a surety company licensed to do business in Pennsylvania which guarantees
the repair or maintenance of the improvements required by this chapter
for a specified period after their completion and acceptance by the
Borough.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A subdivision containing not more than three lots, proposed
either for the construction of 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, and not involving any
new street or road or the extension or creation of any municipal facilities
or 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 Commission as complete
in content and properly filed in accordance with the requirements
of this chapter.
All references to "chapter" or "this chapter" refer to the
Borough of Dormont Subdivision and Land Development Ordinance.
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.
The Borough of Dormont 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 Borough 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 buildings on a lot in which the principal
use or uses are conducted.
The primary or predominant use of any lot or structure.
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, corporation
or homeowners' association and constructed in accordance with
the construction standards of the Borough.[3]
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.[4]
A formal meeting held pursuant to public notice by the Borough
Council 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 Borough for which plans and specifications must
comply with the construction standards of the Borough.[5]
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq.[6]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. 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.
An area of land reserved or dedicated for public purposes
to provide access across property of another.
See "land development, single-lot."
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, as identified in the Borough's Comprehensive
Plan or any subsequent traffic study prepared for streets in the Borough.
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, as identified in the Borough's Comprehensive
Plan or any subsequent traffic study prepared for streets in the Borough.
A public street designed to provide access to abutting lots
and to discourage through traffic, as identified in the Borough's
Comprehensive Plan or any subsequent traffic study prepared for streets
in the Borough.
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 Borough 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 or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
See "minor subdivision."
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
A stream, intermittent stream, river, creek, channel or ditch
which carries water, whether natural or man-made.
The designated official or an authorized representative appointed by the Borough Council, whose duty it shall be to administer this chapter and Chapter 210, Zoning.
Chapter 210, Zoning, of the Code of the Borough of Dormont, as amended.
