Penn Hills Township
City Zoning Code
City Zoning Code
CHAPTER 1240
General Provisions and Definitions
§ 1240.01 Short Title.
[Ord. 2136, passed 2-1-1993]
These regulations shall be known as, and may be cited as, "The Municipality of Penn Hills Subdivision and Land Development Ordinance No. 2136." They shall be referred to throughout this Title Four of Part Twelve of these Codified Ordinances as the "Subdivision Regulations" or just "these Regulations."
§ 1240.02 Purpose.
[Ord. 2136, passed 2-1-1993]
The intention of these Regulations is to set forth regulations for subdivision and land development so that the community may develop in a well-considered and orderly manner, that it shall be developed primarily as a residential community with provisions for sufficient commercial areas to furnish service and provide for the needs of the residents, and sufficient industrial areas to encourage employment and provide a sound tax base. Furthermore, these regulations serve to provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the Municipality and to insure appropriate development. It is important that new developments receive adequate and efficient street, water, sewage, recreation areas and other public requirements and facilities.
§ 1240.03 Interpretation; Conflicts of Laws.
[Ord. 2136, passed 2-1-1993]
The provisions of these Regulations shall be held to be minimum requirements to meet the above-stated purposes. Where the provisions of these Regulations impose greater restrictions than those of any other ordinance or regulation, the provisions of these Regulations shall prevail. Where the provisions of any other ordinance or regulation impose greater restrictions than those of these Regulations, the provisions of such ordinance or regulation shall prevail.
§ 1240.04 Application Categories.
[Ord. 2136, passed 2-1-1993]
These Regulations shall be applied in the following manner for the types of development described:
Two-Lot Subdivisions. Any subdivision where only two lots are created, including the original parcel, lot, or tract. Each newly formed lot is required to conform to the bulk and area requirements of the zoning district in which it is situated. Two-lot subdivisions in single-family residential zoning districts as described by the local zoning ordinance shall be reviewed and approved by the Chief Zoning Officer, upon conformance with this and other municipal ordinances. Procedures for approval are described in § 1246.01(a). Two-lot subdivisions in non-Residential Districts shall be approved by the Planning Commission at a public meeting. The process for approval of non-residential two-lot subdivisions is described in § 1246.01(b).
Minor Subdivisions. A minor subdivision is a subdivision containing three to nine lots served by an existing public street, public sewers and water lines. The developer may choose not to submit a preliminary subdivision plan. However, the final subdivision plan must meet all other requirements of these Subdivision Regulations. The subdivision plan shall be submitted to the Allegheny County Planning Department by the Municipality for its review and report. Final subdivision approval by the Penn Hills Planning Commission shall not be granted until such time that it has received the County's report, or a period of 30 days has expired since the application was forwarded to the County. All action shall be taken at a public meeting.
Major Subdivisions. A major subdivision is a subdivision containing 10 or more lots including the original parcel, lot, or tract, or any subdivision where a new street and/or other public improvement is proposed. All provisions of the preliminary and final plan procedures shall be adhered to. The subdivision plan shall be submitted to the Allegheny County Planning Department by the Municipality for review and report. Subdivision approval, whether preliminary or final, shall not be granted until such time that the Municipality has received the County's report, or a period of 30 days has expired since the subdivision plan was forwarded to the County. The Penn Hills Planning Commission shall have approval of all major subdivisions. All action shall be taken at a public meeting.
Land Developments. Any land development, except two-lot subdivisions in Residential Districts, shall meet the requirements of Chapter 1250, and shall be approved by the Penn Hills Planning Commission at a public meeting. A copy of land development applications will be submitted to the Allegheny County Planning Department for review at least 30 days in advance of the Planning Commission meeting.
§ 1240.05 Severability.
[Ord. 2136, passed 2-1-1993]
If any section, clause, provision, or portion of these Regulations shall be deemed invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision, or portion of these Regulations.
§ 1240.06 Definitions.
[Ord. 2136, passed 2-1-1993; amended 10-21-2024 by Ord. No. 2024-2705; 11-18-2024 by Ord. No. 2024-2707]
Words in the singular include the plural, and words in the plural include the singular. The words "person" and "owner" include an individual corporation, partnership, joint venture or any other legal entity whatsoever. "Building" includes "structure" and shall be construed as if followed by the words "or part thereof." The word "street" includes "road," "highway," and "lane." "Watercourse" includes "drain," "ditch," and "stream." The word "may" is permissive; the words "shall" and "will" are mandatory, subject, however, to the provisions of § 1240.05.
Unless otherwise expressly stated, the following words and terms shall, for the purpose of these Regulations, have the meaning indicated:
A strip of land over which there is a right-of-way, municipally or privately owned, on which no dwelling fronts, serving as a secondary means of access to two or more properties.
A landowner or developer, as hereinafter defined, who has filed an application for development, including his or her heirs, successors and assigns.
Every application, whether preliminary, tentative, or final, required to be filed and approved prior to the start of construction or development, including, but not limited to, an application for a building permit for the approval of a development plan.
A professional architect duly licensed and registered by the Commonwealth of Pennsylvania.
A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945." Either the Zoning Officer, the Department of Planning and Economic Development and/or the Planning Commission, whoever has the responsibility to review and/or approve subdivision and land development plans, according to these Regulations.
A line within a lot, so designated on a subdivision or land development plan, between which line and the right-of-way line of the street on which the lot abuts no building may be erected.
The portion of a street or alley intended for vehicular use.
The Chairman of the Penn Hills Planning Commission.
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 or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
A use permitted in a particular zoning district pursuant to the provisions in Article VI of the Municipalities Planning Code, Act 170, 1988, and the Zoning Code.
An imaginary line on the surface of the earth connecting all points that are of equal heights above some reference plane, usually sea level. Contour lines never cross one another.
The Penn Hills Council.
A right-of-way, Municipally-owned, which cuts across a block to furnish access for pedestrians to adjacent streets or properties.
A short street having one end open to traffic and being terminated by a vehicle turnaround. (The turnaround at the end of a dead-end street.)
An excavation. The difference between a point on the original ground and a designation point of lower elevation on the final grade. Also, the material removed in excavation.
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes, or causes to be made, a subdivision of land or a land development.
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in these Regulations shall mean the written and graphic materials referred to in this definition. The following types of development plans are required by various provisions of these Regulations.
Updated set of drawings certified by a professional engineer showing all details in the as-built condition, illustrating field adjustments and true conditions of the improved installations.
A plan prepared by a registered engineer showing the horizontal details, profile, and typical cross-section of a street and its appurtenances to be constructed or installed.
A complete and exact subdivision plan prepared for recording by a registered engineer or registered surveyor, showing right-of-way lines, easements, lot lines and areas and any other relevant information pertaining to the streets or lot layout of a subdivision, or of a land development.
A plan prepared by a registered engineer or registered surveyor showing existing features and topography of the land and proposed street and lot layout within and adjacent to a subdivision or to a land development.
An informal drawing, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision.
The map or plan of subdivision or land development, whether preliminary or final, prepared by a registered engineer or registered surveyor.
A right to use certain land granted for a special purpose not inconsistent with the general property rights of the owner.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Municipality, or Planning Agency, or joint Planning Commission.
The Penn Hills Council.
A substance typically smoked through a water pipe with a smoke chamber, a bowl, a pipe and a hose, commonly referred to as a "hookah," and also known as "narghile," "argileh," "shisha," "hubble-bubble," and "goza," "kalian," "narghile," "boory," or any similar substance.
Any establishment that is devoted to, marketed as, or designed for, whether as its primary use or as an accessory use, the on-premises use of smoking hookah. The term "hookah bar" includes, but is not limited to, establishments variously known as "hookah parlors," "hookah cafes," and "hookah lounges," "hookah den," "shisha bar." On-premises cigar smoking is not included in this term.
Those physical changes to the land necessary to produce usable and desirable lots from raw acreage, including grading, pavement, curbs, gutters, and sanitary sewers, storm sewers, drains and betterments to existing watercourses, water mains, wells, fire hydrants, sidewalks, street signs, shade trees, underground gas mains and electric and telephone conduits.
A code enforcement officer or other authorized representative of Penn Hills, assigned to make any or all necessary inspections of the work performed, and materials furnished, by the subdivider.
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 non-residential buildings, whether proposed initially or cumulatively, or a single non-residential building on a lot or lots regardless of the number of occupants or tenure; or
The division or allocation of land of space 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.
The following provisions are exclusions of certain land developments from the definition of land developments contained in this section only when such land development involves:
The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium;
The addition of an accessory building, including a farm building, on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this definition, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
The legal or beneficial owner, or owners, of land, including the holder of an option or contract to purchase (whether or not such 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 land, shall be deemed to be a landowner for the purpose of these Regulations.
A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed, or built upon as a unit. Land intended for transfer of ownership or building development, whether immediate or future.
The area contained within the property lines of an individual parcel of land, excluding space within the street right-of-way, but including the area of any easement.
A transportable single-family dwelling intended for permanent occupancy, or an office, or two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership, which consists of two or more mobile home lots, which have been planned and improved for the placement of mobile homes for non-transient use.
Relief granted by the governing body or planning agency when literal enforcement of the provisions of this Subdivision and Land Development Ordinance would cause undue hardship, due to conditions pertaining to the land in question.
See "Engineer."
The Municipality of Penn Hills.
A map adopted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Planning Code, Act 170, 1988.
See "Development Plan."
See "Development Plan."
See "Development Plan."
See "Development Plan."
See "Development Plan."
An area of land, controlled by a landowner to be developed as a single entity for a number of dwelling units, or combination of residential and non-residential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity lot coverage and required open space, to the regulations established in any one district created, from time to time under the provisions of a municipal zoning ordinance.
A Planning Commission, Planning Department, or Planning Committee of the governing body.
The Penn Hills Planning Commission.
See "Development Plan."
Includes:
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 Act 170, 1988.
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 308, No. 84) known as the "Sunshine Act."
Notice published once a week for two successive weeks in a newspaper of general circulation in the Municipality. 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 not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
A vehicular-type unit primarily designed as temporary living quarters for recreational camping or travel use, which either has its own motive power, or is mounted on, or drawn by, another vehicle. The basic entities are: travel trailers, camping trailers, truck campers and motor homes.
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, public utilities, or other special uses.
A structure housing an operational, recreational, or park maintenance office and other facilities built to conform to local standards in a mobile home park.
The distance of an object six inches off the pavement as visible from an eye level 3 3/4 feet above the pavement. (Average height of a driver's eyes.)
A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of a motorist entering or leaving an intersection.
A sign which directs attention to a business, goods, or services, conducted, sold, or offered elsewhere than upon the premises where such a sign is located, or to which it is affixed. This definition includes billboards.
The Standards for Construction for Penn Hills, adopted by Ordinance No. 1338, dated February 7, 1972, and amended from time to time, copies of which are on file at the Penn Hills Municipal Building or at the office of the Municipal Engineer.
A general term used to describe a right-of-way, municipally or privately-owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties, with space for sewers and public utilities.
Any person who undertakes the subdivision of land as defined herein. The subdivider may be the landowner, or the authorized agent of the owner of the land to be subdivided, or the land developer.
The division or subdivision 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, transfer of ownership, or building, or lot development, or partition by the Court for distribution to heirs or devisees, provided 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 development, shall be exempted.
Where, in the judgment of the Municipal Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 of the Municipalities Planning Code) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied, or operated for its intended use.
An inventory of the source, quantity, yield and use of ground water and surface-water resources within a Municipality.
A natural or artificial channel where water would, or does, flow. The word "watercourse" shall include channel, creek, drain, river and stream.