Township of East Bradford, PA Definitions

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 or 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. Those activities described in Section 503(1.1)[2] of the Act shall not be considered "land development" for the purposes of this chapter.

LANDOWNER

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 the land shall be deemed to be a landowner for the purposes of this chapter.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit, undivided by any street or private road or dedicated future street right-of-way. Such parcel shall be separately described by metes and bounds, the description of which is recorded in the office of the Recorder of Deeds of Chester County by deed description or is described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Chester County, and shall have required frontage on, combined with complete and direct access to, a street with a cartway, existing or proposed. If proposed, the cartway shall be constructed to provide the sole access to the lot.

[Amended 9-13-2011 by Ord. No. 3-2011]

LOT AREA

[Amended 9-9-2008 by Ord. No. 2-2008; 8-10-2010 by Ord. No. 2-2010]

The area included within the titled lines of a lot, except the following areas:

The area within the title line set aside as the right-of-way for a public or private street.

Those areas within the title line where the ground slopes in excess of 20%, including those areas of existing man-made and/or naturally occurring slopes.

(c)

Those areas within a floodplain, as defined herein.

(d)

Those areas within a wetland, as defined herein.

(e)

Those areas comprising stormwater management facilities referred to in § 95-26, Stormwater management, of the Code. In the case of on-lot stormwater management systems serving individual single-family dwellings, this exclusion shall be applicable only to those lots created or altered through subdivision or development approved after the effective date of this amendment.

(f)

Those areas comprising rights-of-way and easements for aboveground utilities and underground utilities other than for local service.

In addition, lot area shall not be divided completely by any of the following:

The area within the title line set aside as the right-of-way for a public or private street.

OFFICIAL MAP AND ORDINANCE, AS AMENDED

The continuous band of thirty-percent-or-more slope.

(c)

Those areas within a floodplain, as defined herein, and/or a watercourse as defined by the Pennsylvania Code, as amended.

(d)

Those areas within wetlands, as defined herein.

(e)

(f)

Those areas comprising rights-of-way and easements for aboveground utilities and underground utilities put in for local service.

LOT, INTERIOR

A lot that is connected to a street by an access strip of required minimum width, and where such access strip is contained within and is a part of the same lot. Minimum lot area and other dimensional requirements shall be those of the applicable zoning district and shall be met on that portion of the lot exclusive of the access strip.

[Amended 8-10-2010 by Ord. No. 2-2010]

LOT LINE, FRONT

The line separating the lot from the street right-of-way. Where the lot is an interior lot, the front lot line shall be the line of the lot nearest and most nearly parallel to the street and shall include, where appropriate, the width of the access strip.

LOT LINE, REAR

A lot line opposite and most distant from the front lot line. If the lot is triangular in shape and forms a single point at the rear, the rear lot line shall be considered the single point where the two side lot lines intersect. The rear yard setback line shall be measured from the point of intersection of the side lot lines, measured perpendicular to the front lot line.

[Added 9-13-2011 by Ord. No. 3-2011]

LOT, REVERSE FRONTAGE

A lot extending between and having frontage on an arterial or collector street and an interior residential street, with vehicular access solely from the latter.

LOT WIDTH

The horizontal distance between side lot lines, measured along the street line or building setback line as specified. When the street line is curved, the measurement shall be made on the arc, on or parallel to the curve of the street line.

MARKER

A metal pipe or pin of at least 1/2 inch in diameter and at least 24 inches in length.

MATURE TREE

A healthy or non-terminally diseased tree with a minimum diameter of eight inches at breast height.

MONUMENT

A stone or concrete monument with a flat top at least four inches across and at least 24 inches in length.

NATIVE VEGETATION

Vegetation inherent and original to the Chester County region.

An independent map and ordinance enabled by the Pennsylvania Municipalities Planning Code (MPC)[3] that may identify public facilities including but not limited to parks, trails, areas of open space, recreation, utilities, and other similar facilities. The Official Map gives the municipality the first right of refusal to purchase land necessary to facilitate the identified public improvement(s) and may delay a development for up to one year.

[Added 12-13-2016 by Ord. No. 7-2016]

OFF-SITE SEWER SERVICE

The disposal of sewage by use of a sanitary sewer system served by a central sewage treatment plant approved by all governmental agencies having jurisdiction over such matters.

OFF-SITE WATER SERVICE

A safe, adequate and healthful supply of water to more than one user from a common source approved by all governmental agencies having jurisdiction over such matters.

ON-SITE SEWER SERVICE

The disposal of sewage by use of cesspools, septic or other safe and healthful means within the confines of the lot on which the use is located, approved by all governmental agencies having jurisdiction over such matters.

ON-SITE WATER SERVICE

A safe, adequate and healthful supply of water to a single user from a private well approved by all governmental agencies having jurisdiction over such matters.

PIPELINE

As defined by 49 CFR 195.2 and 192.3.

[Added 3-10-2015 by Ord. No. 5-2015]

PLAN, FINAL

A complete and exact land development or subdivision plan prepared by a registered engineer, registered land surveyor or licensed landscape architect of official recording as required by the Act to define property rights and proposed streets and other improvements.

PLANNING COMMISSION

The Planning Commission of the Township of East Bradford.

PLAN, OFFICIAL

A comprehensive plan of sewerage facilities showing provisions for adequate sewer needs for rural, suburban and urban areas of the Township.

PLAN, PRELIMINARY

A tentative land development or subdivision plan prepared by a registered engineer, registered land surveyor or licensed landscape architect, in lesser detail than a final plan, showing approximate proposed streets, drainage, sewerage proposals and lot layout as a basis for consideration prior to preparation of a final plan.

PLAN, PROFILE

A plan prepared by a registered engineer or surveyor showing the vertical of the existing grade and proposed grade along the center line of any proposed street and any street appurtenances to be constructed or installed, which must include a typical cross of the street construction.

PLAN, SKETCH

An informal plan, not necessarily to exact scale, indicating topographic and other salient existing features of a tract and its surroundings and general layout of the proposed subdivision or land development.

PROFESSIONAL CONSULTANTS

Persons who provide expert or professional advice, including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.

[Added 2-8-2005 by Ord. No. 3-2005]

PUBLIC HEARING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[4]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of any hearing or meeting and the particular nature of the matter to be considered at the hearing or meeting. The first publication shall not be more than 30 days and the second publication shall not be less than seven days prior to the date of the hearing or meeting.

RIGHT-OF-WAY

Land reserved as a street, crosswalk or for other public purposes.

SANITARY SEWER

A sewer that conveys sewer or industrial wastes, or a combination of both, and into which stormwater, surface water and groundwaters or unpolluted industrial wastes are not intentionally admitted.

SANITARY SEWER PLAN

A plan or map showing all present and proposed sanitary sewer and facilities for the proposed subdivision or land development for the collection and conveyance of sanitary sewage and industrial wastes.

SANITARY SEWER SYSTEM

All facilities, as of any particular time, for collecting, pumping, treating and disposing of sanitary sewage and industrial waste situated in the sewered area.

SERVICE LATERAL

That part of the sewer system extending from the collection sewer to a point one foot inside the boundary of the property to be served.

SEWAGE TREATMENT PLANT

The plant and facilities operated for such purpose to which the sanitary sewer system is connected.

SEWERAGE

The system of sewers and appurtenances for the collection, transportation, pumping, treating and disposing of sanitary sewage and industrial wastes.

SEWERED AREA

That portion of East Bradford Township designated on the Official Plan of the Township in which there is or shall be constructed a public or privately owned sanitary sewer system in accordance with plans approved by the Township, as from time to time constructed and extended.

SHARE THE ROAD SIGN

Supplemental signage added to a shared roadway to warn motorists of the increased likelihood of bicyclists.

[Added 12-13-2016 by Ord. No. 7-2016]

SHARED ROADWAY - LIMITED OR NO SHOULDER

A street which accommodates bicyclists and motorists in the same travel lane. The travel lanes are wider than what would be designed for vehicular traffic for the associated functional classification of the road and its context. Shared roadways may be a signed bike route or include other indicators such as share the road signs, sharrows, other pavement markings, or signage.

[Added 12-13-2016 by Ord. No. 7-2016]

SHARED ROADWAY - PAVED SHOULDER

A street with a paved shoulder or wide curb lane that accommodates bicyclists adjacent to the vehicle travel lanes.

[Added 12-13-2016 by Ord. No. 7-2016]

SHARROW

A pavement marking that increases driver awareness of shared roadway arrangements.

[Added 12-13-2016 by Ord. No. 7-2016]

SIDEWALK

A pedestrian route, constructed in accordance with § 95-24 of the Township Code, adjacent to a street that provides a means for pedestrians to travel within the public right-of-way while physically separated from vehicular traffic. Sidewalks are designed for pedestrian use.

[Added 12-13-2016 by Ord. No. 7-2016]

SIGHT DISTANCE

A line of unobstructed vision from a point four feet above the center line of a street to the nearest point on the top of an object 24 inches high on the same center line.

SLOPE

Inclination of the land within a lot with respect to the horizontal expressed stating the vertical rise or fall as a percentage of the horizontal distance. Slope shall be determined in accordance with § 95-13C(1)(c) of this chapter.

SLOPE, MAN-MADE

A slope created by cutting into or filling over the surface of the ground.

SLOPE, NATURALLY OCCURRING

A slope created by the forces of nature and undisturbed by cutting or filling over the surface of the ground.

SLOPE, PROHIBITIVE

Slope in excess of 30%.

SLOPE, STEEP

Slope in excess of 20%, including prohibitive slopes.

SOLAR ENERGY

Radiant energy (direct, diffuse, and reflected) received from the sun.

[Added 8-10-2010 by Ord. No. 2-2010]

SOLAR ENERGY SYSTEM

Any solar collector or other solar energy device and appurtenances.

[Added 8-10-2010 by Ord. No. 2-2010]

SPECIMEN TREE

Any healthy tree with a trunk diameter of 36 inches and greater dbh.

[Amended 12-13-2006 by Ord. No. 8-2006]

STABILIZATION

The proper placing, grading and covering of soil, rock or earth to ensure their resistance to erosion, sliding or other movement. For purposes of this chapter, disturbed soil areas may be considered stabilized on either a permanent (vegetated) basis or temporary (nonvegetated) basis, as follows:

[Added 10-12-1999 by Ord. No. 3-1999]

TEMPORARY STABILIZATIONWhere stabilization by vegetative cover has not occurred (owing to either the season or the passage of insufficient time for vegetation to have produced permanent stabilization), the term "temporary stabilization" shall include the installation of berms or other devices to control the discharge of sediments and, where feasible, the installation of commercially produced erosion control mulch blanket defined and installed in accordance with the latest edition of PennDOT Specification 408, Section 806 (to be used at a minimum on all cut and fill slopes extending to five feet beyond the top and toe of slope and in all drainage channels), and mulch and mulch binders applied in accordance with the latest edition of PennDOT Specification 408, Section 805.

PERMANENT STABILIZATIONPermanent stabilization shall have occurred when all permanent stormwater control facilities/measures (as applicable) have been completed and are operational, temporary control facilities/measures have been removed and uniform erosion-resistant perennial vegetation is established to the point where the surface soil is capable of resisting erosion during runoff events which, for purposes of this chapter, shall constitute vegetative cover of a uniform coverage or density of 85% across the disturbed area.

STORM SEWER

A sewer that carries stormwater, surface water and groundwater drainage but excludes sewage and industrial wastes.

STREET

A right-of-way intended for the general public use to provide means of approach for vehicles and pedestrians. The word "street" includes the words "road," "highway," "thoroughfare" and "way."

ARTERIALA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.

PRINCIPALAn arterial serving the heaviest volumes of traffic in the Township and providing the highest degree of vehicular mobility.

MINORAn arterial serving relatively heavy volumes of traffic and providing a high degree of mobility.

COLLECTORA street designed and located to drain traffic from local streets; provide access for through traffic between residential neighborhoods and districts within the Township and to arterials; and/or provide access to nonresidential properties, i.e., commercial, industrial, professional, etc.

MAJORA collector carrying moderate traffic volumes and providing considerable mobility along with some access to adjacent lots.

MINORA collector carrying moderate to low traffic volumes and emphasizing access over mobility functions.

(3)

LOCAL ROADSRoads carrying relatively low volumes of traffic and primarily providing an access function to adjacent properties.

PRIMARY DISTRIBUTORA local road carrying low traffic volumes and primarily providing access to adjacent properties, but may have some mobility aspects to its function. For example, a farm lane that provides access to adjacent properties but that also links two higher functioning streets would be considered a "primary distributor."

SECONDARY DISTRIBUTORA local road carrying very low traffic volumes and primarily providing access to adjacent lots (generally residential), but that may have other smaller local roads feeding into it. For example, a spine road in a residential subdivision that also has a few culs-de-sac feeding into it would be a "secondary distributor."

(c)

LOCAL ACCESSRoads carrying the lowest traffic volumes and only providing an access to adjacent residential lots. These roads are generally single-access streets. A cul-de-sac in a residential subdivision is a perfect example of a local access road.

(4)

CUL-DE-SAC STREETA local road intersecting another street at one end and terminating at the other end in a permanent vehicular turnaround.

(5)

SINGLE-ACCESS STREETA local road, including but not limited to cul-de-sac and loop designs, which has only one point of entry with an existing Township or state road or with a proposed road having more than one access point.

(6)

MARGINAL ACCESS STREETA street, parallel and adjacent to an arterial or collector street but separated from it by a reserve strip, which provides access to abutting properties and controls intersections with major streets.

(7)

PRIVATE STREETA street, serving only abutting lots, that is not offered or required to be offered for dedication.

(8)

BOULEVARDA street which has one or more lanes of travel in one direction separated by a landscaped area, barrier or other separation from one or more lanes of travel in the opposite direction.

STRUCTURE

Any form or arrangement of building materials involving the necessity of providing proper support, bracing, typing and anchoring to a fixed location on or below the surface of the ground, including but not limited to buildings, sheds, decks, mobile or manufactured homes and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land; within any floodplain district this term also includes a walled or roofed building including a gas or liquid storage tank that is principally above the ground, as well as a manufactured home.

[Amended 10-13-2020 by Ord. No. 04-2020]

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 lot lines for the purposes, whether immediate or future, or lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that a divider of land by lease for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or residential dwellings shall be exempted.

The creation of a mortgage encumbering real estate is a subdivision if it encumbers less than the entire tract of land titled in the mortgagor's name at the time the mortgage is created.

SURFACE LAND USES AFFILIATED WITH TRANSMISSION PIPELINES

The term "subdivision" includes resubdivision and, as appropriate in this chapter, shall refer to the process of subdividing land or to the land subdivided.

Aboveground transmission pipeline facilities including, but not limited to, compressor stations, pumping stations, regulator stations, launcher/receiver stations, and other surface pipeline appurtenances.

[Added 3-10-2015 by Ord. No. 5-2015]

TOWNSHIP

The Township of East Bradford.

TOWNSHIP ENGINEER

A licensed professional engineer registered in Pennsylvania and duly designated by East Bradford Township to perform the duties of engineer as herein specified.

TOWNSHIP PLANNING ADMINISTRATOR

A Township officer appointed by the Board, whose duty it shall be to process subdivision and land development plans in accordance with the terms of this chapter and with procedures promulgated hereunder.

TRAIL

A facility that is physically separated from the roadway and accommodates travel by bicyclists, pedestrians, and/or equestrians but shall not include motorized vehicles. The trail can be located within a publicly owned right-of-way, an exclusive right-of-way, or an easement. Trail types include but are not limited to:

[Added 12-13-2016 by Ord. No. 7-2016]

TRAIL, SHARED-USE. (aka multi-use trails)Trails that are intended for use by more than one form of travel or by more than one type of user, such as cyclists, pedestrians, and equestrians, utilizing an improved surface (e.g., asphalt, concrete, compacted gravel, etc.).