This chapter shall be known and may be cited as the "Borough
of Oakmont Subdivision and Land Development Ordinance."
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.).
A.Â
The purposes of these subdivision and land development regulations
are to:
(1)Â
Regulate certain 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 facilitate fire protection; and the provision
of adequate easements or rights-of-way, storm and sanitary drainage
facilities, walkways, stormwater management and other required public
facilities.
These subdivision and land development regulations are made
in accordance with the community development objectives set forth
in the Borough Zoning Ordinance[1] and the Borough Comprehensive Plan, as may be updated
from time to time and are intended to achieve the following goals:
A.Â
To promote, protect and facilitate 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 adequate light and air, police protection, vehicle
parking and loading space, transportation, water, sewage, schools,
public grounds and other public requirements; and
B.Â
To prevent any or all 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. The word "person" includes a corporation, association,
partnership, or individual. The words "shall" and "will" are mandatory;
the word "may" is permissive. The word "structure" includes the term
"building." Words used in the present tense include the future tense.
B.Â
ACCESSORY STRUCTURE
ACCESSORY USE
ACT 247
ALLEGHENY COUNTY DEPARTMENT OF ECONOMIC DEVELOPMENT
APPLICANT
APPLICATION FOR DEVELOPMENT
ARTERIAL STREET
BLOCK
BOROUGH
BOROUGH COUNCIL
BOROUGH ENGINEER
BUILDING LINE
CARTWAY
CLEAR SIGHT TRIANGLE
COLLECTOR STREET
COMMON AMENITIES
COMPLETION BOND
CONDOMINIUM
CONSOLIDATION
COUNTY
CUL DE SAC
DEVELOPER
DOUBLE FRONTAGE LOT
DRAINAGE EASEMENTS
DRIVEWAY, PRIVATE
DWELLING
DWELLING UNIT
DWELLING, GARDEN APARTMENT
DWELLING, MULTIPLE-FAMILY APARTMENT
DWELLING, SINGLE-FAMILY DETACHED
DWELLING, TOWNHOUSE OR ROW DWELLING
DWELLING, TWO-FAMILY (DUPLEX)
EASEMENT
ENGINEER
ENVIRONMENTAL CRITICAL AREAS
FAMILY
(1)Â
(2)Â
(3)Â
FEE
FINAL APPLICATION
FINAL PLAT
FRONT BUILDING LINE
FRONTAGE
INSPECTOR
LAND DEVELOPMENT
(1)Â
(a)Â
(b)Â
(2)Â
(3)Â
LAND DEVELOPMENT PLAN
LAND DEVELOPMENT, SINGLE LOT
LANDOWNER
LOT
MAINTENANCE BOND
MEDIATION
MULTIFAMILY DEVELOPMENT
OFFICIAL DATE OF FILING
(1)Â
(2)Â
ORDINANCE
PARCEL
PLAN, COMPREHENSIVE
PLANNING COMMISSION
PLAT
PRELIMINARY APPLICATION
PRELIMINARY PLAT
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE IMPROVEMENTS
PUBLIC HEARING
PUBLIC IMPROVEMENT CODE
PUBLIC IMPROVEMENTS
PUBLIC MEETING
PUBLIC NOTICE
RIGHT-OF-WAY
SIGHT DISTANCE
SIMPLE SUBDIVISION
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, LOCAL
STREET, PRIVATE
(1)Â
(2)Â
STREET, PUBLIC
STREET, SERVICE
STRUCTURE
STRUCTURE, ACCESSORY
STRUCTURE, ALTERATION OF
STRUCTURE, PRINCIPAL
SUBDIVISION
SUBDIVISION, SIMPLE
SURVEYOR
WATERCOURSE
ZONING OFFICER
ZONING OFFICIAL
ZONING ORDINANCE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Refer to the Zoning Ordinance of the Borough of Oakmont.[1]
Refer to the Zoning Ordinance of the Borough of Oakmont.[2]
("The Act") Means the Municipalities Planning Code of 1968,
P.L. 805. No. 247, as re-enacted and amended.[3]
The designated county planning department for purposes of
this chapter.
A landowner or developer who has filed an application for
a subdivision or development, including his or her heirs, successors
and assigns.
Refer to the Zoning Ordinance of the Borough of Oakmont.[4]
Refer to the Zoning Ordinance of the Borough of Oakmont.[5]
Refer to the Zoning Ordinance of the Borough of Oakmont.[6]
The Borough of Oakmont, Allegheny County, Pennsylvania.
The Borough Council of the Borough of Oakmont.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by Borough Council to serve as the
engineer for the Borough.
Refer to the Zoning Ordinance of the Borough of Oakmont.[7]
Refer to the Zoning Ordinance of the Borough of Oakmont.[8]
Refer to the Zoning Ordinance of the Borough of Oakmont.[9]
Refer to the Zoning Ordinance of the Borough of Oakmont.[10]
Those private improvements in a subdivision or land development
plan which are required by this chapter or are voluntarily proposed
by the developer and which are intended for the use and enjoyment
of the residents or tenants of the subdivision or land development
plan.
A surety, in a form acceptable to the Borough, which may
be a certified check, letter of credit, corporate performance bond
or a labor and material payment bond from an approved Pennsylvania
surety company, which guarantees the satisfactory completion of improvements
required by this chapter. Without limitation as to other types of
financial security which the Borough may approve, which approval shall
not be unreasonably withheld, a federal or commonwealth chartered
lending institution irrevocable letters of credit and restrictive
or escrow accounts in such lending institutions shall be deemed acceptable
financial security.
Refer to the Zoning Ordinance of the Borough of Oakmont.[11]
A combination of two or more lots, tracts or parcels of land
for the purpose of sale or lease of a building or lot.
Allegheny County, Pennsylvania.
A dead-end street terminating in a vehicular turn-around.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made an application
for development.
A lot having two or more of its nonadjoining property lines
abutting on a street or streets. Refer to "Lot, Through" in the Zoning
Ordinance of the Borough of Oakmont.[12]
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage. Refer to "easement."
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 or portion thereof which is designated for or
used for residential purposes. The word "dwelling" shall not include
hotels, motels, or other structures used for transient residence.
One or more rooms designed to be used or occupied by one
family for living purposes and containing private cooking, living,
sanitary, and sleeping facilities for use solely by one family. All
rooms comprising a dwelling unit shall have access through an interior
door to other parts of the dwelling unit.
A multifamily structure containing a minimum of four dwelling
units and not exceeding three stories in height, sometimes designed
around a court or common open areas, frequently having private balconies
or patios.
A building not to exceed five stories designed for and used
exclusively for occupancy by three or more families, living independently
of each other and characterized by common entrances.
A building designed for and used exclusively for occupancy
by one family.
A multi-family dwelling on a zoning lot consisting of at
least three but not more than six one-family dwelling units attached
side by side sharing a common wall and not exceeding 150 feet in length.
A building designed or remodeled for and used exclusively
for occupancy by two families living independently of each other.
In any case where a building or structure contains solely two dwelling
units, it shall be deemed to be a two-family dwelling, and not a "dwelling,
multiple-family apartment," defined herein.
A grant by the owner of land for the use by others.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania. The use of the word "engineer" shall not exclude
the practice of topographic surveying as provided for in state law.
Lands that include streams, their floodplains, steep areas
and slopes in excess of 25%, that shall be restricted to their development
for their resource values or hazardous nature.
A single person occupying a dwelling unit and maintaining a
household.
Two or more persons related by blood, or legal adoption, or
marriage; occupying a dwelling unit, living together and maintaining
a common household.
Not more than two unrelated persons occupying a single-family
dwelling unit, living together and maintaining a common household.
This restriction does not apply to persons with disabilities, as defined
in the Fair Housing Act, 42 USC § 3601 et seq.
The required charge established by this chapter to defray
the cost of processing an application, reviewing an application, or
inspecting improvements during installation which shall be payable
to the Borough in accordance with the requirements of this chapter.
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 street right-of-way line at a distance
therefrom which is equal to the depth of the front yard required by
the Zoning Ordinance[13] for the zoning district in which the lot is located.
The length of a property line bordering a public street right-of-way
that is open to vehicular traffic.
The Borough Engineer or his, or any other authorized, representative
assigned by Borough Council, including, but not limited to, the Borough
Building Inspector, to make necessary inspections of the work performed
and materials furnished by a developer, landowner, or their contractors,
installing 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, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; 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.
Subdivision of land.
Development in accordance with § 182-8.
The land development, as defined herein, which involves 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.
Refer to the Zoning Ordinance of the Borough of Oakmont.[14]
A surety, in a form acceptable to the Borough, which may
be a certified check, letter of credit, corporate bond from an approved
Pennsylvania surety company, which guarantees the repair or maintenance
of improvements required by this chapter, for a specified period after
their completion and acceptance by the Borough. Without limitation
as to other types of financial security which the Borough may approve,
which approval shall not be unreasonably withheld, a federal or commonwealth
chartered lending institution irrevocable letters of credit and restrictive
or escrow accounts in such lending institutions shall be deemed acceptable
financial security.
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.
Any land development which proposes one or more multiple-family
dwellings.
The date of the regular Planning Commission meeting next following
the date the application was filed and at which an application for
approval under this chapter is accepted by the Planning Commission
as complete in its content and properly filed in accordance with the
requirements of this chapter or after a final order of the court remanding
an application; and
Should the said next regular meeting occur more than 30 days
following the filing of the application or the final order of the
court, the 30th day following the day the application was filed.
All references to "Ordinance" or "this chapter" refer to
the Borough of Oakmont Subdivision and Land Development regulations.
A tract of land separately owned and described in a deed
recorded in the Office of the Allegheny County Recorder of Deeds.
The Comprehensive Plan for the Borough of Oakmont, consisting
of maps, charts, textual matter and adopted by Borough Council in
accordance with law.
The Borough of Oakmont Planning Commission.
A map or plan, either preliminary or final, indicating the
subdivision, consolidation or redivision of land or a land development.
The written or graphic materials, including the application
form and preliminary plat, specified by this chapter to be submitted
to the Borough in order to obtain preliminary approval of a proposed
subdivision or land development.
The preliminary map or plan of the proposed land development
or subdivision that is submitted for Borough consideration.
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 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.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
A document entitled Borough of Oakmont Public Improvements
Code prepared by the Borough Engineer, adopted by ordinance by Borough
Council upon recommendation of the Borough Engineer, and as amended;
copies of which are on file with the Borough Manager and Borough Zoning
Officer.
All 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 Public Improvements Code of the Borough.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[15]
A 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 or less than seven days
from the date of the public hearing.
That portion of land dedicated to public or private use for
street or utility purpose.
The maximum distance of unobstructed vision, in a horizontal
or vertical plane, along a street from a vehicle located at any given
point on the street which shall take into account visibility over
a crest, vertical curve and the extent of headlight illumination across
a sag vertical curve. Sight distance also means the distance an object
two feet above the pavement of a street is visible from an eye level
4Â 1/2 feet above the pavement (the average height of an automobile
operator's eye).
A subdivision containing no more than three lots, each of
which are not of sufficient size to be further subdivided in accordance
with the requirements of the zoning district in which they are located
and which are proposed for single-family dwellings, all of which have
frontage on an improved public street, and not involving any new street
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.
A street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways, whether public or private,
used or intended to be used by vehicular traffic or pedestrians, and
including the entire right-of-way and cartway.
Refer to the Zoning Ordinance of the Borough of Oakmont.[16]
Refer to the Zoning Ordinance of the Borough of Oakmont.[17]
A street that is primarily for access to the abutting properties
and to discourage through traffic. Certain minor streets may be culs-de-sac.
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. (Refer
also to "driveway, private").
A private street is permitted only through modification of the
requirements of these provisions, approved by Borough Council.
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.
Refer to the Zoning Ordinance of the Borough of Oakmont.[18]
Refer to the Zoning Ordinance of the Borough of Oakmont.[19]
Any change, other than incidental repairs, which would prolong
the life of the supporting members of a building, such as bearing
walls, columns, beams or girders.
Refer to the Zoning Ordinance of the Borough of Oakmont.[20]
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.
Refer to "simple subdivision."
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
A channel, creek, ditch, drain, dry run, spring or stream.
The administrative officer appointed by Borough Council who
shall administer and enforce the provisions of the Zoning Ordinance
in accordance with its literal terms.
Refer to "Zoning Officer."
The Borough of Oakmont Zoning Ordinance, Ordinance O97-23,
as amended.[21]
