A.
Unless otherwise expressly stated or the context clearly indicates
another meaning, the following words and phrases shall be construed
throughout this chapter to have the meanings indicated below.
B.
For the purpose of this chapter, words and terms used herein shall
be interpreted as follows:
(1)
Words used in the present tense include all other tenses.
(2)
The singular includes the plural, and the plural includes the
singular.
(3)
The word "person" includes an individual, estate, trust, firm,
corporation, partnership, company, association, or government entities
including a trustee, a receiver, an assignee, or a similar representative.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The word "may" is permissive; the words "shall" and "will" are
mandatory.
(6)
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, or designed
to be occupied."
(7)
The words "as amended from time to time" and the like as applied
to any statute, ordinance, code regulation, plan or map, includes
replacements, supplements or restatements thereof.
(8)
References to a particular article, section or subsection which
inherently refers to other articles, sections or subsections, includes
all articles, sections or subsections referred to.
(9)
The word "Council" and the words "Borough Council," where not
otherwise specified, shall mean the Malvern Borough Council.
(10)
The words "governing body" refer to the Malvern Borough Council.
(11)
The word "Commission" and the words "Planning Commission" or
"Borough Planning Commission," where not otherwise specified, shall
mean the Malvern Borough Planning Commission.
(13)
The words "comprehensive plan" refer to the Malvern Borough
Comprehensive Plan.
C.
The terms "such as," "including" and the like are intended to introduce
matters which are illustrative of the meaning of the sentence, clause
or phrase in which such terms appear without limiting or derogating
from the general application of the sentence, clause or phrase in
which such terms appear.
D.
In addition to the definitions in this article, additional definitions
in this or other ordinances, applicable regulations, or appendices
thereto may apply or be called into application by reference. In case
of conflict, the more stringent or restrictive definition shall apply.
E.
Any word or term not defined herein shall be used with a meaning
of standard usage.
For the purpose of this chapter, the following words, terms,
and phrases have the meaning indicated herein:
The owner of record of a parcel of land which is contiguous
at any point to the parcel in question or which is on the other side
of a section of street (public or private) on which the subject parcel
has frontage, i.e., a lot across from the subject parcel.
A strip of land that provides public or private vehicular
or pedestrian access, such as a street, alley, driveway, trail, path
or access easement.
An area of land and/or water which equals 43,560 square feet,
measured on horizontal plans.
Any person, other than the developer, who, acting for the
developer, submits to the Borough subdivision or land development
plans for the purpose of obtaining approval thereof.
Those land uses which are devoted to the production of agricultural,
horticultural, viticulture and dairy products, livestock, ranch-raised
fur-bearing animals, poultry and bee raising, forestry, sod crops,
and any and all products raised on farms intended for human consumption
or other uses.
A service roadway providing a secondary means of vehicular
access to the side or rear of two or more properties.
As applied to land, any change in topography as a result of
the moving of soil and rock from one location or position to another;
also the changing of surface conditions by causing the surface to
be more or less impervious; or any change which would alter the type
or method of wastewater disposal system; any land disturbance.
As applied to buildings or other structures, any change or rearrangement
in the supporting members, such as bearing walls, columns, beams,
or girders, as well as any change in exterior doors or windows, or
any extension to or diminution of a building or structure, whether
horizontally or vertically, or moving of a building or structure from
one location to another, or any change which, in the case of a nonconforming
building or structure, would prolong the life of such building or
structure.
A landowner or developer, including heirs, successors, assigns
and grantees, who has filed a complete application for subdivision
and/or land development, as hereinafter defined.
Every application for subdivision or land development, whether
sketch, 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 subdivision plat or plan, or for approval of a development plan.
A body politic and corporate created pursuant to the Municipal
Authorities Act of 1945, as amended.
A mound of earth which serves purposes such as directing
the flow of surface water runoff; preventing soil erosion; or supporting
plant materials or fencing to aid in screening or buffering.
Management practices or methods for controlling stormwater
runoff which provide a hydrological (i.e., reduction of runoff volumes)
and a water quality (i.e., reduction of pollutants) benefit.
Lanes located on the paved surface or shoulder of a street.
Off-street bikeways.
The area of a public street specifically designated and marked
as a bicycle route.
An area divided into lots, and usually bounded by streets
or accessways.
Malvern Borough or the Borough of Malvern.
The Borough Council of Malvern Borough, Chester County, Pennsylvania;
the governing body of the Borough of Malvern.
A professional engineer designated by the Borough Council
to perform the duties of Borough Engineer.
An area on which is placed and maintained year-round shrubbery,
hedges, evergreens or other suitable plantings of sufficient height
and density to screen the principal use from view of abutting properties
and/or districts. A buffer area may include an earthen berm, a wall
or fence, or a solid wall or fence, provided that such wall or fence
shall be screened or constructed in such a manner that it will not
conflict with the character of the abutting district.
Any structure affixed to the ground having a roof supported
by columns or similar supports or enclosed walls designed, intended,
or arranged for the housing, shelter, or enclosure of persons, animals
or property.
The sum of the maximum horizontal cross-section areas of
all buildings on a lot, including sun parlors, foyers, roofed porches,
breezeways, carports, bay windows, steps and balconies, but excluding
cornices, eaves, gutters, or signs. Building area shall be measured
from outside wall to outside wall.
The area within a lot within which a building may be placed,
as defined by the minimum yard setbacks and the setbacks from natural
resources.
A line parallel from the street line a distance equal to
the front yard setback for the zoning district in which the lot is
located. In the case of an existing interior lot that does not front
a street for its entire width, the building line shall be a line parallel
to the street right-of-way measured from the front lot line nearest
the street, defining the minimum distance in which no building may
be constructed. (See "yard, front yard.")
The area within which the principal structure must be erected
or placed as established by the front, side, and rear yard setbacks.
(See "YARD.")
The term used to describe the size of buildings or other
structures and their relationship to each other and to yards and lots.
The term may include: the size, height and floor area of buildings
or other structures; and all open areas in yard space relating to
buildings and other structures.
Diameter of a tree six inches above ground.
The portion of a street or alley right-of-way, paved or unpaved,
intended for vehicular use, including travel lanes, but not including
shoulders, curbing and drainage facilities.
A line in the center of a street which is equidistant from
and parallel to the street lines.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street.
A driveway which is shared between at least two separate
lots.
The services which provide for various community health,
education, safety, leisure, and like needs and the locations at which
these services are provided. Typical community facilities include:
schools, parks and recreation areas, libraries, health care facilities,
fire protection, police, ambulance and rescue services and postal
services.
A system of piping, septic tanks or other treatment facilities
serving more than one lot, or more than one building, collecting and
disposing of wastewater which is administered and maintained by such
organizations as a homeowners' association, community association,
or other like organization of the people using the system.
An individual well or series thereof serving more than one
lot or more than one building which along with its appurtenant facilities
is administered and maintained by such organizations as a homeowners'
association, community association, or other like organization of
the people using the system, as well as those of any water company
or any other entity which may have a permitted franchise within the
Borough.
The Comprehensive Plan officially adopted by the Malvern
Borough Council.
The Chester County Conservation District.
Any activity which may involve construction, reconstruction,
interior renovation, repair, extension, expansion, alteration, or
relocation of a building or structure, including the placement of
mobile homes and the excavation, cutting, filling, and grading of
lots in connection therewith or in preparation thereof.
A marked or specially constructed crossing of a public or
private street or other vehicular accessway designed to enhance pedestrian
safety and facilitate pedestrian circulation.
A street intersecting another street at one end and terminating
at the other in a vehicular turn-around.
A structure including appurtenant works which carries stream
under or through an embankment or fill.
The removal of soil or rock from its natural or predevelopment
location.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad, or other purposes which does or may impound water or another
fluid or semifluid.
Final adjudication of any board or other body granted jurisdiction
under this chapter or the Pennsylvania Municipalities Planning Code
(Act 247, as amended) to do so, either by reason of the grant of exclusive
jurisdiction or by reason of appeals from determinations.
The total number of dwelling units divided by the total number
of acres in the tract, including any streets, vehicular accessways,
parking areas and any land to be set aside as common open space.
Regulations adopted pursuant to this chapter imposing standards
by which a subdivision or land development is developed.
Areas allocated to meet requirements for open space.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
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.
Any man-made change to improved or unimproved real estate,
including but not limited to construction or expansion of buildings
or other structures, the placement of mobile homes, streets and other
paving, utilities, filling, grading, excavation, extraction of minerals,
forestry, dredging, or drilling operations.
The provisions for development including a plan of subdivision
or land development, 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" shall mean the written and graphic materials referred to in
this definition.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
Any ditch, gutter, pipe, culvert, storm sewer, retention
basin, detention basin, or other structure designed, intended, or
constructed for the purpose of controlling or diverting surface waters
or carrying surface waters off streets, public rights-of-way, parks,
recreational areas, or any part of any subdivision, land development,
or contiguous land areas.
A private access, graded and typically paved, intended primarily
for use as a means of vehicular access from a street to a parking
space, parking lot, individual dwelling or other structure.
A room or group of rooms for one family located within a
residential building and forming a single habitable unit with a private
access and complete independent housekeeping (kitchen, bathroom, bedroom)
and living facilities.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavation, embankments, road maintenance, building construction
and the moving, depositing, stockpiling, or storing of soil, rock
or earth materials.
An interest in land, owned by a party other than the owner
of the fee interest in the land, that entitles the holder to a specific
use, purpose, or enjoyment of the land, or to enforcement of restriction(s)
on the use of the land or structures thereon.
A licensed Pennsylvania-registered professional engineer.
An addition to the floor area of an existing building, an
increase in the size of a structure or an increase in that portion
of a tract or lot occupied by an existing use.
The wearing away of soil, bedrock or land surface by water,
wind, ice, chemical, or other natural force.
The removal of the surface of the land through the combined
action of man's activity and the natural processes of a rate greater
than would occur because of the natural process alone.
The widening and deepening waterways due to erosion.
The initial condition of a project site prior to the proposed
construction.
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of any portion
of the land.
The final vertical elevation of the ground surface after
development.
A general and temporary inundation of normally dry land by
water.
A flood of a high magnitude that is likely to occur an average
of once every 100 years, as delineated by the Federal Flood Insurance
Rate Maps (FIRM) developed in the National Flood Insurance Program
administered by the Federal Emergency Management Agency (FEMA). The
probability of its occurrence is one-percent chance each year; however,
a one-hundred-year flood may occur in any year.
A relatively flat or low area of land adjacent to the channel
of a watercourse which is subject to either partially or complete
inundation from an adjoining or nearby stream, river, or watercourse,
an area subject to the unusual and rapid accumulation of runoff or
surface waters from any source. For the purposes of this chapter,
the floodplain shall be capable of accommodating a flood magnitude
of a one-hundred-year flood, and shall include the area within the
Floodplain Overlay District as defined in § 181-201 of this
chapter.
That map prepared by the Federal Emergency Management Agency
(FEMA) for Malvern Borough, delineating the floodplain.
The sum of the gross horizontal areas of all floors in a
building measured from the exterior face of exterior walls, or from
the centerline of the wall separating two buildings, including basements,
enclosed porches, mezzanines and upper floors, but excluding interior
parking and loading spaces, overhangs, elevator shafts, unenclosed
porches, patios, or any interior space where the floor-to-ceiling
height is less than six feet.
A vertical distance between the elevation of the design high-water
and the top of a dam, levee, tank, basin, or diversion ridge. The
space is required as a safety margin in a pond or basin.
(n) A slope, usually of a road, channel or natural ground
specified in percent and shown on plans as specified herein. See also
"finished grade."
(v) To finish the surface of a roadbed, top of embankment
or bottom of excavation.
Replenishment of existing natural underground water supplies.
A street, parallel and adjacent to a property line, having
a lesser right-of-way width than required for satisfactory improvement
and use of the street.
A hedgerow is a linear plant community dominated by trees
and/or shrubs. Hedgerows often occur along roads, fence lines, property
lines, or between fields, and may occur naturally or be specially
planted (e.g., as a windbreak). For the purposes of § 181-525
of this chapter, hedgerows are considered woodlands and regulated
as such.
Any building, wall, bridge, structure, road, trail, monument,
garden or other landscape feature, archeological site or cultural
artifact identified as any of the following:
As an historic site in the Chester County Historic Sites Survey;
As a "certified historic structure" by the Secretary of the
Interior;
As an individual listing or a contributing resource within an
historic district designated in the National Register of Historic
Places;
Having received a Determination of Eligibility (DOE) for the
National Register of Historic Places from the Pennsylvania Historical
and Museum Commission (PHMC);
Other resources of similar historical significance as may be
designated by the Borough of Malvern.
Poorly drained soils that are saturated, flooded, or ponded
long enough during the growing season to develop anaerobic conditions
that favor the growth and regeneration of wetlands vegetation. Wetlands
vegetation includes those plant species that have adapted to saturated
soils and periodic inundations occurring in wetlands. Hydric soils
or soils containing portions of hydric soils include, but are not
limited to, the following, as classified by the United States Department
of Agriculture, Soil Conservation Service, for Delaware and Chester
Counties: Croton silt loam (CR), Readington silt loam (Rm), and Worsham
silt loam (Wo).
A person trained and having experience in the areas of hydrology
and geology that deal with groundwater, its occurrence and movements,
in its replenishment and depletion, the properties of rocks that control
groundwater movement and storage, and the methods of investigation
and utilization of groundwater.
A classification of soils by the Natural Resources Conservation
Service into four runoff potential groups. The groups range from A
soils, which are very permeable and produce little runoff, to D soils,
which are not very permeable and produce much more runoff.
An analysis of the volume and velocity of water flow through
a watershed consistent with standardized modeling practices such as
Natural Resources Conservation Service TR-20 Model.
Any surface or material which is impenetrable or unable to
absorb water, including but not limited to buildings, structures,
roof overhangs, permanent (fixed) awnings, and paved areas including
parking areas, driveways, roads, sidewalks, and other such areas in
concrete or asphalt, patios, swimming pools, paver areas, tennis or
other paved courts; or athletic playfields comprised of synthetic
turf materials except for such synthetic athletic playfields which
are designed as a system with adequate stormwater controls to the
satisfaction of the Borough's Engineer. In addition, other areas determined
by the Borough Engineer to be impervious within the meaning of this
definition shall also be considered as contributing to total impervious
cover. For purposes of determining compliance with the maximum coverage
limitations on any lot or tract, impervious cover shall be measured
as a percentage of lot area or net tract area, as applicable. A percentage
of any areas comprised of semi-impervious cover, such as porous paving,
may be excluded from calculation of lot or tract coverage to an extent
reasonably related to the degree to which stormwater passes through
the paving materials and does not contribute to stormwater runoff
over the expected lifetime of such semi-impervious cover, as determined
by the Borough Code Enforcement Officer and/or Borough Engineer.
[Amended 4-19-2016 by Ord. No. 2016-6]
See "impervious cover."
[Added 4-19-2016 by Ord.
No. 2016-6]
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
Physical addition and changes to land such as grading, paving,
curbing, fire hydrants, water mains, sanitary sewers, stormwater management
systems, culverts, sidewalks, monuments, crosswalks, bridges, earthworks,
street lights, wells, sewage disposal systems, street trees and other
plantings, and other structures that may be necessary to produce usable
and desirable land development.
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench, and biofiltration swale).
A surface connection to a closed drain. A structure at the
diversion end of a conduit. The upstream end of any structure through
which water may flow.
See "lot, interior."
Natural or artificial bodies of water that retain water year-round.
Artificial ponds may be created by dams, or may result from excavation.
The shoreline of such water bodies shall be measured from the spillway
crest elevation.
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, buildings, or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of Act 247,[1] as amended, is specifically included in the definition
of land development.
A sketch, preliminary or final plan, submitted in compliance
with the requirements of this chapter, showing the provision for development
of a tract of land.
Any activity that exposes soils, alters topography and/or
alters vegetation, except for removal of hazardous or invasive alien
vegetation (see definition of "woodland disturbance"). Customary agricultural
practices such as tilling, plowing, mowing and harvesting are excluded
from the definition of "land disturbance."
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 is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purposes of this chapter.
A professional landscape architect registered in the Commonwealth
of Pennsylvania.
A plan for the installation and maintenance of plantings,
prepared according to the provisions of this chapter.
A defined space, accessible from a street or alley, in a
building or on a lot, for the temporary use of vehicles, while loading
or unloading merchandise or materials, but not to be used for storage.
A parcel of land which is occupied or to be occupied by one
principal building or other structure or use, together with any accessory
buildings or other structures or uses customarily incidental to such
principal buildings or other structure or use, and such open spaces
as are arranged or designed to be used in connection with such principal
building or other structure or use, such open spaces and the area
and dimensions or such a lot being not less than the minimum required
by this chapter.
The area contained within the property lines of a lot, as
defined in the deed or as shown on an approved subdivision plan. For
purposes of calculating the minimum lot area (net lot area) necessary
to comply with the area and bulk requirements of this chapter, the
following areas shall be excluded from such calculations:
All areas within the existing or proposed public or private
streets, rights-of-way or easements, recorded or otherwise, including
public sewer, water, public utility, storm drainage retention and/or
detention;
All areas occupied by courses and/or bodies of water, wetlands
and floodplains;
Fifty percent of any area of the lot which has wet or alluvial
soils;
Fifty percent of the area of the lot with slopes of 15% to 20%
and changes in grade of four feet or more;
Seventy-five percent of the area of the lot with slopes of more
than 20% and changes in grade of four feet or more.
Any line separating a lot from neighboring parcels or a public
or private street right-of-way.
[Amended 4-19-2016 by Ord. No. 2016-6]
FRONTThe line separating the lot from a public or private street right-of-way. For interior lots, it is the line generally parallel to the street right-of-way at the nearest point to the right-of-way where the lot attains the minimum required lot width.
REARThe lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
SIDEAny lot line other than a front or rear lot line.
See "lot area."
The horizontal distance between side lot lines measured parallel
to the street line at the building line. Where a street is curved
or angled, the lot width shall be measured as a straight line between
the point of the intersection of the required side yards and the front
yard setback. Each lot in any district shall have a width at the street
line of not less than 65% of the required lot width at the building
setback line.
A lot abutting two or more streets, or upon two parts of
the same street or shared driveway where said streets, street or driveway
forms an interior angle of less than 135°. All yards abutting
streets shall be considered front yards. The yard opposite the front
lot line having the official designated property address shall be
considered the rear yard, and the remaining yard shall be considered
the side yard.
A lot that does not have the required minimum lot width at
the minimum front yard line but has direct access to a street through
a strip of land which is part of the same lot.
A lot, the principal portion of which does not adjoin a street
but is connected thereto by an access strip of required minimum width.
[Added 4-19-2016 by Ord.
No. 2016-6]
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit, or in two or more units designed
to be joined into a single 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 connections to utilities, and constructed so that it
may be used without a permanent foundation, including any addition,
such as porches or additional rooms.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances required by
this chapter for the placement of a single mobile home.
That part of an individual lot which has been reserved for
the placement of the mobile home, appurtenant structures or additions.
A parcel of land or contiguous parcels under a single and
separate ownership which has been planned and improved for the placement
of mobile homes for nontransient uses, consisting of two or more mobile
home lots.
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyance.
National Pollutant Discharge Elimination System, the system
whereby the federal government issues permits in accordance with the
federal Clean Water Act,[2] which authority is delegated in Pennsylvania to the Pennsylvania
Department of Environmental Protection (DEP).
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, culvert, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same downstream.
A system serving a single lot, collecting and disposing of
wastewater on the lot where such system is used.
An individual well on the lot where the well serves one lot
or a water supply on a lot occupied or to be occupied serving a permitted
building.
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, canals, and pipes
flowing partly full.
A parcel or parcels of land or an area of water, or a combination
of both within a development site designed and intended for the use
and enjoyment of residents of a development and possibly the general
public or other open space use dependent on the terms of agreement
and ownership of the open space. Not including streets, off-street
parking areas, areas set aside for public facilities, and private
yards.
A structure designed to control the volume of stormwater
runoff that passes through it during a specified length of time.
A space, available for the parking of one motor vehicle,
exclusive of passageways, driveways or other means of circulation
or access. A parking space shall include either covered garage spaces
or uncovered parking lot space located outside of the street right-of-way.
The drives or roadways and the maneuvering space required
to service the parking space.
Any leisure time activity not considered active (e.g., walking,
picnicking, bird watching, fishing).
Any system of providing for pedestrian transportation within
or outside the public right-of-way, and through public or private
property including walkways, buildings, public space within developments,
designated to be used by the public, secured by easement or other
agreement, with the purpose of connecting natural features, recreational
uses, public uses, or public areas.
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other form of entity.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
A complete and exact subdivision and/or land development
plan, including all required supplementary data, complete and prepared
for official recording in accordance with the requirements of this
chapter and with any conditions of approval imposed by the Borough,
to define property rights, proposed streets and other improvements.
A subdivision and/or land development plan demonstrating
compliance with zoning provisions showing existing features, proposed
street and lot layout, stormwater management facilities and engineering
detail sufficient to ensure proper functioning of proposed improvements.
An exact copy of the approved final plan on mylar or linen
of standard size, prepared for necessary signatures and recording
with the Chester County Recorder of Deeds.
An informal plan indicating existing features of a tract
and its surroundings and the general layout of the proposed subdivision
or land development for discussion purposes only and not to be presented
for approval.
The map or plan of a subdivision or land development, whether
preliminary or final.
Any municipally or privately owned sewer system in which
sewage is collected from buildings and piped to an approved sewage
disposal plant or central septic tank disposal system and approved
by the Department of Environmental Protection, Commonwealth of Pennsylvania.
Any municipally or privately owned water system in a single
location established for the distribution of water, in accordance
with the laws of the Department of Environmental Protection, Commonwealth
of Pennsylvania.
A meeting of the Borough Council, to make a decision by resolution
on a particular matter. Such meeting must be preceded by public notice
and shall proceed by applicable regulations for the matter at hand,
including the Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended.[3]
A meeting preceded by public notice, or a regularly scheduled
meeting, for the discussion of a particular matter or required purpose,
such as the review, approval, or denial of subdivision or land development
applications. Such meetings shall proceed by the applicable regulations
for the matter at hand, including the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended.[4]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time, place, and particular nature of the matter to
be considered. 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. Public notice shall be given as to all applicable
regulations, including the Pennsylvania Municipalities Planning Code,
Act 247 of 1968, as amended.[5]
All land whether publicly or privately owned, whether improved
or not improved, with or without structures.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination.
A reserve strip is a parcel of land which is parallel to
and between a street right-of-way and a tract of land.
Any replatting or resubdividing of land, limited to changes
in lot lines on approved final plan or recorded plan. Other replattings
shall be considered as constituting a new subdivision of land. See
also "subdivision."
A lot extending between and having frontage on two generally
parallel streets (excluding service streets), with vehicular access
solely from one street.
An examination of a plan to determine compliance with this
chapter, the zoning ordinance,[6] and other pertinent requirements.
An area of land, whether or not paved or otherwise improved
in any way, acquired by reservation, dedication, prescription or condemnation
and intended to be occupied by a street, crosswalk, railroad, electric
transmission lines, oil or gas pipeline, sanitary sewer, storm sewer
or other similar public or private uses.
[Amended 4-19-2016 by Ord. No. 2016-6]
The legal right-of-way as established by a governing authority
and currently in existence.
The right-of-way deemed necessary to provide adequate width
for future street improvements.
A vertical pipe extending from the bottom of a pond that
is used to control the discharge rate from the pond for a specified
design storm.
See "street."
Temporary ponding and gradual release of stormwater falling
directly onto flat roof surfaces by incorporating controlled-flow
roof drains into building designs.
Any liquid waste containing animal or vegetable matter in
suspension or solution, or the water-carried waste resulting from
the discharge of water closets, laundry tubs, washing machines, sinks,
dishwashers, or any other source of water-carried waste of human origin.
A conduit that collects and transports sanitary sewage.
Plans and drawings including elevations as necessary to indicate
the general character of existing and proposed structures in terms
of form, mass, and height, roof pitch and material, and facade treatment,
including materials (e.g., stone, brick, wood, stucco, glass, metal,
siding, etc.), windows and doors, and decorative features.
A barrier, dam, or retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water.
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
The felling of certain, but not all, trees in an area for
the purpose of removing dead, diseased, damaged, mature, or marketable
timber or for improving the quality of a tree stand.
Any surface or material which is partially penetrable or
able to absorb water, including but not limited to areas paved with
stone, gravel, sand, paver block, or other porous paving material,
as determined by the Borough Code Enforcement Officer and/or Borough
Engineer. A percentage of any areas comprised of semi-impervious cover
may be excluded from calculation of lot or tract coverage, as applicable,
to an extent reasonably related to the degree to which stormwater
passes through the paving material and does not contribute to stormwater
runoff, as determined by the Borough Code Enforcement Officer and/or
Borough Engineer.
Wastewater; the total of organic waste and wastewater generated
by residential, industrial, commercial, institutional or other establishments.
Any sewer, sewage system, sewage treatment works, or part
thereof designed, intended, or constructed for the collection, treatment,
or disposal of wastewater including industrial waste.
An on-lot approved sewage disposal system generally providing
for disposal of effluent for one building and its accessory buildings
on a single lot.
Any municipal or privately owned sewer system in which sewage
is collected from more than one lot or dwelling unit and piped to
an approved sewage disposal facility.
That portion of the Borough designated in the Official Sewage
Facilities Plan (Act 537 Plan) in which there is, or may be, constructed
a public wastewater system.
Runoff that flows over the ground surface as a thin, even
layer, not concentrated in a channel.
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is unobstructed by traffic. Sight distance measurement shall be made
from a point 4.5 feet above the centerline of the road surface to
a point 0.5 feet above the centerline of road surface.
A parcel or parcels of land intended to have one or more
buildings or intended to be subdivided into two or more lots.
Lot area.
The percentage of the change in vertical distance (rise)
over the horizontal distance (run), as measured between consecutive
contour lines expressed as a percentage. Slopes are delineated into
two categories:
MODERATE SLOPESPrecautionary slopes of 15% to 20% vertical to horizontal on the United States Geological Survey Topographic Maps.
STEEP SLOPESProhibitive slopes of greater than 20% vertical to horizontal on the United States Geological Survey Topographic Maps.
A field test conducted by a person qualified according to
the rules and regulations of the Chester County Department of Health
to determine the suitability of the soil for sanitary sewage disposal
facilities by measuring the absorptive capacity of the soil at a given
location and depth.
Any tree greater than 30 inches DBH shall be considered "specimen
vegetation" for purpose of this chapter, regardless of species, except
that any tree of the species specified below shall be considered a
specimen vegetation where greater than 24 inches DBH.
|
Tree, Botanical Name
|
Common Name
| |
|---|---|---|
|
Aesculus hippocastanum
|
Common horsechestnut
| |
|
Betula pendula
|
White birch
| |
|
Carya cordiformis
|
Bitternut hickory
| |
|
Carya glabra
|
Pignut hickory
| |
|
Carya ovata
|
Shagbark hickory
| |
|
Carya tomentosa
|
Mockernut hickory
| |
|
Juglans cinerea
|
Butternut walnut
| |
|
Liquidambar styraciflua
|
Sweetgum
| |
|
Quercus montana
|
Chestnut oak
| |
|
Quercus prinoides
|
Chinquapin oak
|
In the context of a subdivision or land development review or
in consideration of any application for approval of special exception
variance, or conditional use, and upon the recommendation of a qualified
forester or equivalent professional, the Borough may designate as
additional specimen vegetation any tree or other plant selected as
uniquely representative of a class or group in terms of size, shape,
form, age, historical importance, scenic qualities, visual prominence
or other characteristics. Trees or other plants determined to be dead
or diseased or in any manner constituting a safety hazard shall not
be considered specimen vegetation.
The proper placing, grading and/or covering of soil, rock,
or earth to insure their resistance to erosion, sliding or other movement.
A system of pipes or other conduits which carries intercepted
surface runoff, street water and other waters, or drainage, but excludes
domestic sewage or wastewater and industrial wastes.
The precipitation reaching the ground surface.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, and infiltration structures.
The plan prepared by the developer or his representative
indicating how stormwater will be managed in accordance with the requirements
of ordinance.
A watercourse.
Any public or private right-of-way that is intended for vehicular
or pedestrian circulation to provide access to one or more lots and
also used to provide space for installation of improvements such as
sewers, other utilities, street trees and sidewalks. The term "street"
includes road, avenue, drive, lane, court, or similar terms.
The right-of-way line between a lot and a public or private
street.
[Amended 4-19-2016 by Ord. No. 2016-6]
A private access that is constructed upon private property
and is to be used by and maintained by the owner or owners thereof.
[Added 4-19-2016 by Ord.
No. 2016-6]
Anything constructed and built of materials in a manner that
would commonly be expected to remain useful for an extended period
of time, including, but not limited to, buildings, garages, sheds,
fences, decks, and porches.
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the stormwater management
plan.
See "developer."
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 division by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street, easement of access or residential dwellings
shall not be included.
A sketch, preliminary or final plan, submitted in compliance
with this chapter, showing the provision for the subdivision of a
tract of land.
Any subdivision not classified as a minor subdivision.
As defined in § 181-300B of this chapter.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: before the improvement or repair is started; or
if the structure had been damaged and was being restored before the
damage occurred. A "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not the alteration affects
the external dimensions of the structure. The term does not, however,
include any project for improvement of a structure to comply with
existing state or municipal health, sanitary or safety codes which
is solely necessary to ensure safe living conditions.
A professional land surveyor registered by the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
One or more contiguous lots within the Borough, assembled
for the purpose of unified development, including a planned residential
development, multiple-family development, planned shopping center,
planned office park, industrial park, cluster development or lot averaging
development, or a mobile home park.
The line marking the outer edges of the branches of the tree.
An activity or the specific purpose for which land or a building
is designed, arranged, intended, or improved on a lot or for which
it is or may be occupied or used.
A river, brook, creek, or a channel or ditch for water, whether
natural or manmade with perennial or intermittent flow.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, ponds, springs,
and all other bodies or channels of conveyance of surface and underground
water, or parts thereof, whether natural or artificial.
See "retention basin."
Areas that are inundated or saturated by surface 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 saturate soil conditions, including swamps, marshes,
bogs and similar areas. For the purposes of this chapter, wetlands
are inclusive of areas with a slope of 1% or less comprised of hydric
soils.
A tree mass comprising a grove of 10 or more trees of at
least six inches DBH or 10 or more woodland canopy trees or any plant
community covering an area of 1/4 acre or more, in which tree species
are dominant or co-dominant and the branches of the trees form a complete,
or nearly complete, aerial canopy. The extent of any woodland plant
community or any part thereof shall be measured from the outermost
drip line of all the trees in such plant community. Woodland shall
include any area where timber has been harvested within the previous
three years and/or woodland disturbance has occurred within the previous
three years which would have met the definition of woodland prior
to timbering or disturbance.
The aerial cover formed by the crowns of trees greater than
50 feet in height.
The individual trees greater than 50 feet in height, which
collectively form the forest canopy.
Any activity which alters the existing structure of a woodland
or hedgerow. Alterations include the cutting or removal of canopy
trees, sub-canopy trees, understory shrubs and vines, woody and herbaceous
woodland floor species as well as the removal of humus or duff from
the ground.
Any activity which constitutes a land disturbance (exposes soils,
alters topography) within a woodland or hedgerow.
Woodland disturbance does not include the following:
Removal of vegetation which constitutes hazardous condition(s);
nor
Selective cutting or removal of invasive alien trees, shrubs,
vines or herbaceous species, including Rosa multiflora (Multiflora
Rose), Eleagnus umbellata (Autumn Olive), Lonicera japonica (Japanese
Honeysuckle), Celastrus orbiculatus (Oriental Bittersweet), Acer platanoides
(Norway Maple), Pueriria lobata (Kudzu) and Polygonum perfoliatum
(Mile-a-Minute Weed).
A space which is open and unobstructed on a lot from the
ground to the sky, except for vegetation or authorized accessory structures,
along the lot lines and curbline and extending inward to a building.
FRONT YARDA yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the building setback, exclusive of overhanging eaves, gutters, cornices, steps or other such similar protrusion, not including porches, and parallel to the streetline.
REAR YARDA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the building setback, exclusive of overhanging eaves, gutters, cornices, steps or other such similar protrusion, and parallel to the rear lot line.
SIDE YARDA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of the building setback, exclusive of overhanging eaves, gutters, cornices, steps or other such protrusion, and parallel to the side lot line.
The official Zoning Map of Malvern Borough, Chester County,
Pennsylvania.
The officer or other designated authority or agent charged
with the enforcement of the Borough Zoning Ordinance.
The Zoning Ordinance of Malvern Borough, Chester County,
Pennsylvania.[7]
