[Ord. 2016-2267, 10/11/2016]
As used in this chapter, certain words shall be interpreted
as follows:
1.
Words in the present tense include the future.
2.
Words in the singular include the plural, and those in the plural
include the singular.
3.
The word "building" shall be construed as if followed by the phrase
"or part thereof."
4.
The word "may" is permissive, and the words "shall" and "will" are
mandatory.
5.
The words "he" or "she" and "they" are to be used interchangeably
with the word "person."
6.
The word "person" includes an individual, corporation, partnership,
incorporated association, and/or any other similar entity.
7.
The word "street" includes road, highway, alley, avenue, boulevard,
or expressway.
8.
The word "stream" includes watercourse, creek or river and, where
referenced, a seasonal stream.
[Ord. 2016-2267, 10/11/2016]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
in this Part. Terms not included in the Part or otherwise defined
shall be interpreted according to "The Complete Illustrated Book of
Development Definitions," 4th Edition, by Harvey S. Moskowitz, Carl
G. Lindbloom, David Listokin, Richard Preiss and Dwight H. Merriam,
copyright 2015, and then by common usage.
A public or private right-of-way, for vehicular access to
the rear or side of properties.
A landowner, subdivider, or developer, as herein defined,
who has filed an application for subdivision or land development,
including his heirs, successors and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including, but not limited to, an application for a building permit,
for the approval of a subdivision plat or plan or for the approval
of a development plan.
An area of land surrounded by streets. Alleys and streets
or lanes that function as alleys are within a block.
The Borough of Phoenixville ("Phoenixville"), Chester County,
Pennsylvania.
A collection of construction details which have been approved
for use in the construction of improvements and identified in this
chapter as Attachment 3, Landscape Guidelines,[1] and incorporated herein by reference, which may be amended
by Borough Council by resolution from time to time.
A collection of construction details which have been approved
for use in the construction of improvements and identified in this
chapter as Attachment 1, Borough Standard Construction Details,[2] and incorporated herein by reference, which may be amended
by Borough Council by resolution from time to time.
A line with which the exterior wall of a building is required
to coincide that runs parallel to the property line, as measured perpendicularly
to the curb or edge of a street cartway, that enables the alignment
of buildings on a block in order to maintain the traditional character
of the streetscape of the Borough. If there is no preexisting or defined
curb or edge, then the build-to line is measured from the ROW line.
A structure under a roof used for the shelter or enclosure
of persons, animals, or property. The word "building" shall include
any part thereof.
The portion of a street or alley right-of-way, paved or unpaved,
intended for vehicular use, including travel lanes. Shoulders, curbing
and drainage facilities are excluded.
Written approval as issued by the Pennsylvania Department
of Environmental Protection authorizing a person to operate and maintain
a mobile home park.
An area of unobstructed vision at street intersections, including
major driveways and roadway intersections, defined by lines of sight
between points at given distance from the intersection of street center
lines.
A group of real property owners who together comprise an
entity, or that entity itself, the function of which is to maintain
and administer property which either the entity itself owns or which
is owned in common by the members of the entity, to protect and enhance
the value of the property owned individually by each of the members
and to provide a mechanism for the orderly coexistence of a membership
which lives in proximity one to another. Homeowners' associations
and condominium associations are types of community associations.
The Borough Council of the Borough of Phoenixville.
A public right-of-way used for pedestrian travel across a
roadway at an intersection or any portion of a block (mid block crossing)
to provide safe pedestrian access to adjacent roads, lots, or public
use areas.
A local road connected to the existing road network at only
one end with a special provision for turning around at the closed
end.
Use by pedestrians and/or equestrians of sufficient frequency
to create a path relatively free of undergrowth and easily discerned
at ground level.
An excavation. The difference between a point on the original
ground and a designated 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.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations, as well
as the subdivision of land.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and 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 this chapter shall mean the written and graphic
materials referred to in this definition.
The flow of water or liquid waste, and the method of directing
such flow, whether natural or artificial.
Any swale, ditch, gutter, pipe, culvert, storm sewer or structure
designed, intended or constructed for the purpose of diverting surface
waters from, transfer of liquid waste, or carrying surface waters
off, streets, public rights-of-way, parks, recreational areas or any
part of any subdivision and contiguous territory.
A thoroughfare that provides vehicular access on a lot to
a building or use.
A private driveway serving two or more lots or properties,
the use and maintenance of which is shared between or among the property
owners or a community association.
An interest in land owned by another that entitles the holder
to a specific limited use or enjoyment.
A vehicle that operates, either partially or exclusively,
on electrical energy from the electrical grid, or an off-grid source,
that is stored on board for motive purposes.
[Added by Ord. No. 2021-2322, 1/12/2021]
[Added by Ord. No. 2021-2322, 1/12/2021]
Level 1 - a method that provides charging for an EV battery
using a 120V single-phase electric service with a 15A or 20A circuit
breaker. This method is considered slow speed charging and does not
require any special EV charging equipment.
Level 2 - a method that provides charging for an EV battery
using a 240V/208V single-phase or three-phase electric service with
a 40A to 100A circuit breaker. This method is considered medium speed
charging and requires the installation of specialized EV charging
equipment at the EVCS.
Level 3 - a method also known as direct current fast charging
(DCFC) that provides charging for an EV battery using a 480V three-phase
electric service. This method is considered high speed and requires
the installation of highly specialized, high-powered EV charging equipment
as the EVCS and in the EV.
A public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery
or other energy storage device in an EV.
[Added by Ord. No. 2021-2322, 1/12/2021]
Any designated parking space that is provided to allow EV
access and use of an EVCS.
[Added by Ord. No. 2021-2322, 1/12/2021]
The Borough Engineer, or any consulting engineer designated
by the Borough Council to review subdivision plans and perform the
duties of engineer on behalf of the Borough.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, mined, uncovered, removed, displaced,
relocated, or bulldozed and shall include the conditions resulting
therefrom.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse and/or any area subject to the unusual and rapid accumulation
of surface waters from any source as delineated by the Federal Emergency
Management Agency (FEMA), Pennsylvania Department of Environmental
Protection (DEP), Pennsylvania Department of Community and Economic
Development (DCED) and Soil Conservation Services (SCS)[3] publications and maps.
When used in relation to a pipeline or pipeline system, "hazardous
liquid" means petroleum, petroleum products, anhydrous ammonia, or
ethanol.
[Added by Ord. No. 2020-2313, 4/14/2020]
Those surfaces which do not absorb or infiltrate water. All
buildings, parking areas, driveways, roads, sidewalks, and any other
areas in concrete, asphalt, or packed stone shall be considered impervious
surfaces within this definition.
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.
A subdivision of land.
Development planned in accordance of the Pennsylvania Municipalities
Planning Code Section 503(1.1).[4]
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 authorized
under the lease to exercise the rights of the landowner or other person
having a proprietary interest in the land.
A designated parcel, tract or area of land established by
a plot or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The subdivision of a single lot, tract, or parcel of land into four or more lots, tracts, or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of building development. Also, any subdivision or land development which proposes the construction of new public or private streets, regardless of the number of proposed lots. See § 22-301 for specific requirements.
The subdivision of a single lot, tract or parcel of land into three or fewer lots, tracts or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of building development, providing said lots, tracts or parcels of land thereby created have frontage on an improved public street or streets and providing further that there is not created by the subdivision any new street, street easement, easement of access or need therefor. See § 22-301 for specific requirements.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
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 mobile home shall meet the commonwealth's
UCC requirements.
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.
That part of an individual lot which has been reserved for
the placement of a mobile home, appurtenant structures, or additions
and which has been constructed according to the specifications of
this chapter.
A parcel or contiguous parcels of land which have been designed
and improved so that they contain two or more mobile home lots for
the placement thereon of mobile homes.
Written approval issued by the Borough authorizing a person
to operate and maintain a mobile home or mobile home park under the
provisions of this chapter.
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."[5]
A portion of land or an area of water, or a combination of
land and water within a development site, which is designed and intended
for the use or enjoyment of residents or invitees within the development
and/or the private facility and not generally available to the public,
not including streets, off-street parking areas, and areas set aside
for public facilities. May include areas commonly referred to as "greens"
or "plazas."
A portion of land or an area of water, or a combination of
land and water, designed and intended for the use or enjoyment of
the public, not including streets, off-street parking areas, and areas
set aside for public facilities. Public open space shall be usable
by people, if so desired. Public open space may include areas commonly
referred to as "greens" or "plazas" but does not include sidewalks
unless such features are within the public open space design parameters.
Public open space shall also be subject to a continuing offer of dedication.
The Pennsylvania Department of Community and Economic Development
(DCED) or its successor.
The Pennsylvania Department of Environmental Protection (DEP)
or its successor.
The Pennsylvania Department of Transportation (PennDOT) or
its successor.
Crude oil, condensate, natural gasoline, natural gas liquids,
and liquefied petroleum gas.
[Added by Ord. No. 2020-2313, 4/14/2020]
New and existing pipe, rights-of-way and any equipment, facility,
or building used in the transportation of hazardous liquids or carbon
dioxide.
[Added by Ord. No. 2020-2313, 4/14/2020]
All parts of a pipeline facility through which a hazardous
liquid or carbon dioxide moves in transportation, including, but not
limited to, line pipe, valves, and other appurtenances connected to
line pipe, pumping units, fabricated assemblies associated with pumping
units, metering and delivery stations and fabricated assemblies therein,
and breakout tanks.
[Added by Ord. No. 2020-2313, 4/14/2020]
A complete and exact subdivision or land development plan,
prepared for official recording as required by statute, to define
property rights, proposed streets and other improvements as defined
within Article III of this chapter. The terms "final plan" and "preliminary/final
plan" shall be considered one and the same for the purposes of process
and plan presentation requirements.
A proposed subdivision or land development plan, showing
proposed street and lot layout and improvements as required by Article
III of this chapter and as a basis for consideration prior to preparation
of a final plan.
A formal meeting held pursuant to public notice by the Borough
Council or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including, but not limited to,
grading, paving, curbing, streetlights, signs, fire hydrants, water
mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges,
culverts and street shade trees.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[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 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.
The reuse of property or the expansion of buildings on a
property for a new, viable outcome.
A strip of land adjacent to a street intended to control
access to the street from an adjacent property.
Construction, reconstruction, maintenance, or other work
performed upon a building site with the intention of reestablishing
a previously existing condition.
A wall, greater than four feet in height, used to retain
soil, typically serving as a topographic grade transition structure.
A lot which is bordered by a street along the rear as well
as the front property.
The surface of space above and below any real property in
the Borough in which the Borough, county or commonwealth has a regulatory
interest, or interest as a trustee for the public, as such interests
now or hereafter exist, including, but not limited to, all streets,
highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges,
skyways, or any other public place, area or property under the control
of the Borough, county or commonwealth, and any unrestricted public
or utility easements established, dedicated, platted, improved or
devoted for utility purposes, but excluding lands other than streets
that are owned by the Borough, county or commonwealth. The phrase
"in the right(s)-of-way" means in, on, over, along, above and/or under
the right(s)-of-way. The phrase "existing right-of-way" is the legal
right-of-way as established by the commonwealth or other appropriate
governing authority and which is currently in existence. The phrase
"future right-of-way" or "ultimate right-of-way" is the right-of-way
deemed necessary to provide adequate width for future street improvements.
The riparian buffer, as identified in the Soil Surveys of
Chester County, is an area within 35 feet of the French Creek stream
bank that shall remain as open, undeveloped area. It shall be maintained
to clear the area of invasive plant species and restored with native
plant species to help shade the stream and provide an attractive visual
setting along the stream.
The area contained within the boundary of the riparian buffer.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
A covered, watertight settling tank in which raw sewage is
biochemically changed into solid, liquid and gaseous states to facilitate
further treatment and final disposal.
Consists of all pipes, fittings and appurtenances from the
sanitary sewer drain outlet of the home to the corresponding sewer
main.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at a designated point at each
home space.
Consists of all pipes, fittings, valves, and appurtenances
from the sewer main of the distribution system to the sewer outlet
of the distribution system within the home.
A system for the treatment of effluent from two or more homes
that is applied to the land either on the surface or below the ground.
An on-lot disposal system generally providing for the disposal
of effluent for only one building or a group of buildings on a single
lot.
Any municipal or privately owned sewer system in which sewage
is collected and piped to an approved sewage disposal plant or central
septic tank disposal system. It may also be referred to as "off-lot"
or "off-site" sewer.
A group of commercial establishments planned, constructed
and managed as a total entity with customer and employee parking provided
on site, provision for goods delivery separated from customer access,
aesthetic considerations and protection from the elements.
A pedestrian thoroughfare within the right-of-way of a street.
The extent of unobstructed vision (in a horizontal or vertical
plane) along a street from a vehicle located at any given point of
entry measured at an eye height of 3 1/2 feet and object height
of 1/2 foot; at an intersection or driveway the eye position shall
be 10 feet back from the pavement edge or curbline.
An informal plan indicating salient existing features of
a tract and its surroundings and the general layout of the proposed
subdivision or land development with provisions as required by Article
III of this chapter.
The face of an embankment or cut; any ground whose surface
makes an angle with the plane of the horizon. Slope is expressed as
a percentage based upon vertical difference in feet per 100 feet of
horizontal distance or in horizontal feet per vertical foot (3:1).
Solids removed from raw sewage during wastewater treatment
and then disposed of by incineration, dumping, burial or other approved
means.
A field test conducted to determine the suitability of the
soil for sanitary sewage disposal facilities or for stormwater infiltration
facilities by measuring the absorptive capacity of the soil at a given
location and depth, performed in accordance with the rules and regulations
of the Pennsylvania Department of Environmental Protection.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
Areas where the average slope exceeds 15% and has a grade
crossing three consecutive two-foot contours or six feet in elevation.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
A thoroughfare serving two or more lots held in single and
separate ownership and not dedicated or deeded to the Borough which
is designed and built to Borough standards.
A minor street which has access to the road circulation system
at only one point. A cul-de-sac is a type of single-access street.
Anything constructed or erected on the ground or attached
to the ground, including any assembly of materials having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land, including but not limited to any building, sign, fence,
wall over four feet in height, aerial, antenna, platform, pier, pipeline,
paved athletic courts, shell, mobile home, shelter, swimming pool,
tent, tower, trestle, tank, or utility pole.
[Amended by Ord. No. 2020-2313, 4/14/2020]
The owner, or the authorized agent of the owner, of a subdivision.
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 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 exempt.
A checklist which has been prepared to describe general plan
requirements for each type of plan and identified in this chapter
as Attachment 2, Subdivision and Land Development Checklist,[7] and incorporated herein by reference which may be amended
by Borough Council by resolution from time to time.
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the Pennsylvania Municipalities
Planning Code)[8] 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.
Aboveground transmission pipeline facilities, including but
not limited to compressor stations, pumping stations, regulator stations,
launcher/receiver stations, and other surface pipeline appurtenances.
[Added by Ord. No. 2020-2313, 4/14/2020]
A low-lying stretch of land which gathers or carries surface
water runoff.
A system to distribute sewage effluent into the soil for
absorption and vaporization through open-jointed or perforated pipes
laid in the upper soil strata.
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter and humus
debris. Topsoil usually found in the uppermost soil layer, called
the "a" horizon.
The gross area of a property before subdivision or land development.
A study which assesses the effect a development's traffic will have on the community transportation network. See § 22-602 for specific requirements.
An improved, but not necessarily paved, route designed and
used for travel by pedestrians, cyclists, equestrians, cross-country
skiers, and/or nonmotorized vehicles.
Transmission pipelines include but are not limited to 1)
pipelines designed for the transmission of a gas or petroleum gas,
except a service line, as those terms are defined by 49 CFR 192.3,
as amended and incorporated herein by reference; and 2) pipelines
designed for the transmission of a hazardous liquid, as defined by
49 CFR 195.2, as amended and incorporated herein by reference.
[Added by Ord. No. 2020-2313, 4/14/2020]
Consists of all pipes, fittings and appurtenances from the
water riser pipe to the water inlet pipe of the distribution system
within a home.
That portion of the water service pipe which extends vertically
to the ground elevation and terminates at a designated point at each
home lot.
Consists of all pipes, fittings, valves, and appurtenances
from the water main of the distribution system to the water outlet
of the distribution system within the home.
A centralized system for supplying and distributing water
from a common source or sources to two or more dwellings or structures
within a single development, neighborhood, or area. The system shall
be approved by the Chester County Health Department, the Pennsylvania
Department of Environmental Protection and the Pennsylvania Public
Utility Commission. The water supply source may be located on site
or off site.
A system for supplying and distributing water to a single
dwelling or other structure from a source located on the same lot.
The system shall be approved by the Chester County Health Department.
A system owned and operated by a municipality, governmental
agency or public utility for supplying and distributing water from
a common source or sources to dwellings and other structures generally
not confined to a single development, neighborhood or area. The system
shall be approved by the Chester County Health Department, the Pennsylvania
Department of Environmental Protection and the Pennsylvania Public
Utility Commission. The water supply source may be located on site
or off site.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
A permanent or intermittent stream, river, brook, creek,
drain, dry run, spring, or channel or ditch for water, with defined
bed and banks, whether man-made or natural.
[1]
Editor's Note: The Landscape Guidelines are included as an attachment to this chapter.
[2]
Editor's Note: The Borough Standard Construction Details are included as an attachment to this chapter.
[3]
Editor's Note: Now the Natural Resources Conservation Service.
[4]
Editor's Note: See 53 P.S. 10503(1.1).
[5]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June
19, 2001, P.L. 287, No. 22). See now the Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq.
[6]
Editor's Note: See now 65 Pa.C.S.A. § 701 et seq.
(October 15, 1998, P.L. 729, No. 93).
[7]
Editor's Note: The Subdivision and Land Development Checklist is included as an attachment to this chapter.
[8]
Editor's Note: See 53 P.S. § 10509.
[Ord. 2016-2267, 10/11/2016]
As used in this chapter, the following abbreviations shall have
the meanings indicated:
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COE
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Army Corps of Engineers
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DCA
|
Pennsylvania Department of Community Affairs
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DEP
|
Pennsylvania Department of Environmental Protection
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EPA
|
Federal Environmental Protection Agency
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ITE
|
Institute for Traffic Engineers
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CCCD
|
Chester County Conservation District
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CCHD
|
Chester County Health Department
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CCPC
|
Chester County Planning Commission
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PennDOT
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Pennsylvania Department of Transportation
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ULI
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Urban Land Institute
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SCS
|
Soil Conservation Services
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UCC
|
Uniform Construction Code
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USGS
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United States Geological Survey
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