Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning herein indicated:
The singular shall include the plural and the plural shall include the singular.
Words used in the present or past tense shall include the future tense.
The words "person," "applicant," "subdivider" and "owner" shall include a corporation, unincorporated association, trust, partnership or other legal entity, as well as an individual.
The words "shall" and "will" are always mandatory.
As used in this chapter, except where the context clearly indicates otherwise, the following words and/or phrases have the meanings indicated below:
- A right-of-way providing secondary vehicular access to the side or rear of two or more lots.
- A landowner or developer, as hereinafter defined, who has filed an application for development, including his or its heirs, personal representatives, successors and assigns.
- APPLICATION FOR DEVELOPMENT
- Every application, whether preliminary or final, for the approval
of a subdivision plan or for the approval of a land development plan, which
is required to be filed and approved prior to the start of construction or
development.[Amended 10-9-1990 by Ord. No. 7-1990]
- A pedal-propelled, two- or three-wheeled conveyance.
- An area bounded by streets.
- Any structure which is permanently affixed to the land and has enclosing walls or a roof.
- BUILDING SETBACK LINE
- The line within a property defining the minimum required distance between any structure or building to be erected and an adjacent right-of-way.
- CARTWAY (ROADWAY)
- The portion of a street or alley, right-of-way, paved or unpaved, customarily used by vehicles in the regular course of travel over the street.
- CLEAR-SIGHT TRIANGLE
- 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 center lines.
- COMMON OPEN SPACE
- A parcel or parcels of land, or an area of water or a combination of land and water within a development site, designed and intended for the use or enjoyment of residents of the development, but not including streets, off-street parking areas and areas set aside for public facilities. "Common open space" shall be substantially free of structures but may contain such improvements as are in the subdivision or development plan, as finally approved, and as are appropriate for the recreation of residents.
- CRITICAL AREAS
- Areas of a subdivision or land development particularly subject to erosion and/or sedimentation, such as areas not covered with vegetation due to grading, cutting or filling; or excessively long slopes or steep grades; or low areas with poor drainage.
- CROSSWALK (INTERIOR WALK)
- A publicly or privately owned right-of-way for pedestrian and bicycle use extending from a street into a block or across a block to another street.
- A single access minor street intersecting with another street and
terminating in a vehicular turnaround at the other end.[Amended 10-9-1990 by Ord. No. 7-1990; 5-25-1993 by Ord. No. 3-1993]
- DESIGN STANDARDS
- Minimum standards for the layout by which a subdivision or land development is developed.
- Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
- The flow of water and the method of directing such flow, whether
natural or artificial.[Amended 5-25-1993 by Ord. No. 3-1993]
- DWELLING UNIT
- Any building or structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
- A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
- A licensed professional engineer registered by the Commonwealth of Pennsylvania.
- The movement of soil by the action of wind and/or water.
- IMPERVIOUS SURFACE
- A surface that has been compacted or covered with material to the
extent that it is resistant to infiltration by water, including, but not limited
to, conventional impervious surfaces such as paved streets and driveways,
compacted stone, sidewalks and walkways, concrete pavers, patios, roofs, buildings,
and structures. Paving includes any hard surface, such as concrete, cobblestones,
bricks, flagstones, gravel (either compacted or used by motor vehicles), or
any similar material.[Added 10-9-1990 by Ord. No. 7-1990; amended 11-12-2003 by Ord. No. 12-2003; 3-10-2004 by Ord. No. 3-2004]
- Grading, paving, curbing, streetlights, fire hydrants, water mains,
sanitary sewers, storm sewers, detention basins, retention basins, culverts,
streets, sidewalks, monuments, open space improvements, recreational facilities,
buffer and screen plantings, street and replacement trees and similar improvements.[Added 10-9-1990 by Ord. No. 7-1990]
- IMPROVEMENT SPECIFICATIONS
- Minimum standards for the construction of the required improvements, such as streets, curbs, sidewalks, water mains, sewers, drainage, public utilities and other items required to render the land suitable for the use proposed.
- LAND DEVELOPMENT
- Any of the following activities:[Amended 10-9-1990 by Ord. No. 7-1990]
- A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
- (1) 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;
- (2) 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; or
- (3) The addition of any accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
- B. A subdivision of land.
- 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.
- LIMITED ACCESS HIGHWAY
- A divided highway for through traffic with partial control of access
and generally with grade separations at major intersections.[Added 5-25-1993 by Ord. No. 3-1993]
- 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[Amended 10-9-1990 by Ord. No. 7-1990]
- LOT AREA
- As defined in the West Goshen Township Zoning Ordinance.[Amended 10-9-1990 by Ord. No. 7-1990]
- LOT, INTERIOR
- A lot which is surrounded on all sides by one or more lots and adjoins
a street only by an access strip designed and intended to provide ingress
and egress exclusively to the lot.[Added 11-10-1987 by Ord. No. 15-1987]
- A stone or concrete monument with a flat top at least four inches
in diameter or square and at least 36 inches in length. The monument shall
be tapered so that the dimensions at the bottom are at least two inches greater
than the top, to minimize movement caused by frost.[Amended 5-25-1993 by Ord. No. 3-1993]
- The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as
amended by Act 170 of 1988, as amended from time to time.[Added 10-9-1990 by Ord. No. 7-1990]
- PLAN, CONSTRUCTION IMPROVEMENT
- A plan prepared by a registered engineer or surveyor showing the construction details of streets, drawings, sewers, bridges, culverts and other improvements as required by this chapter.
- PLAN, FINAL
- A complete and exact land development plan or subdivision plan prepared
by a registered engineer or registered land surveyor for official recording
as required by the MPC to define property rights and proposed streets and
other improvements.[Amended 10-9-1990 by Ord. No. 7-1990]
- PLAN, MAJOR STREET
- The element of the County or Township Comprehensive Plan, which shall show the general location, alignment and dimensions, and the identification and classification of existing and proposed streets, highways and other thoroughfares.
- PLANNING COMMISSION
- The West Goshen Township Planning Commission.
- PLAN, OFFICIAL
- The Comprehensive Plan (Master Plan) and or Future Land Use Plan and/or Ultimate Right-of-Way Plan and/or Official Map or other such plans, or portions thereof, as may be adopted, pursuant to ordinance or statute, for the area of the Township in which the subdivision is located.
- PLAN, OFFICIAL SEWAGE
- The Township's comprehensive plan of sewage facilities adopted
in compliance with Pennsylvania Act 537.[Added 10-9-1990 by Ord. No. 7-1990]
- PLAN, PRELIMINARY
- A tentative land development plan or subdivision plan prepared by
a registered engineer or registered land surveyor, in lesser detail than the
required final plan, showing approximate proposed streets, drainage and lot
layout and other improvements required by this chapter to be shown on that
plan as a basis for consideration prior to preparation of a final plan.[Amended 10-9-1990 by Ord. No. 7-1990]
- PLAN, PROFILE
- A plan prepared by a registered engineer or registered land surveyor
showing the vertical section of the existing grade and proposed grade along
the center line of any proposed street or alley and any street appurtenances
to be constructed or installed, which must include a typical cross section
of the street construction and, whenever required by the Township Engineer,
the grades of all street rights-of-way and/or curblines.[Added 10-9-1990 by Ord. No. 7-1990]
- PLAN, RECORD
- The copy of the final plan which contains the original endorsements of the County Planning Commission and the Township Board of Supervisors which is intended to be recorded with the County Recorder of Deeds.
- The map or plan of the subdivision or land development, whether preliminary or final.
- PROFESSIONAL CONSULTANTS
- Any 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 7-13-2005 by Ord. No. 5-2005]
- PUBLIC HEARING
- A formal meeting held pursuant to public notice by the Supervisors
or Planning Commission, intended to inform and obtain public comment, prior
to taking action in the approval of a subdivision plan or land development
plan.[Added 10-9-1990 by Ord. No. 7-1990]
- PUBLIC MEETING
- A forum held pursuant to notice under the Act of July 3, 1986, P.L.
388, No. 84, known as the "Sunshine Act."[Added 10-9-1990 by Ord. No. 7-1990]
- 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 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.[Amended 10-9-1990 by Ord. No. 7-1990]
- REVERSE-FRONTAGE LOT
- A lot extending between and having frontage on two generally parallel streets (excluding service streets or alleys), with vehicular access solely from one street.
- An examination of the sketch plan, preliminary plan and/or final plan by the Planning Commission Engineer and the West Goshen Township Board of Supervisors to determine compliance with this chapter and the administrative regulations, design standards and improvement specifications enacted pursuant thereto.
- The land reserved or dedicated as a street, alley, crosswalk or for other public purposes.
- See "cartway."
- SANITARY SEWAGE DISPOSAL, COMMUNITY
- A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a treatment and disposal plant, generally serving a neighborhood area.
- SANITARY SEWAGE DISPOSAL, ON-SITE
- Any structure designed to treat sanitary sewage within the boundaries of any individual lot.
- SANITARY SEWAGE DISPOSAL, PUBLIC
- A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a publicly owned central treatment and disposal plant.
- The resulting residue from erosion.
- SEPTIC TANK
- A covered watertight settling tank in which raw sewage is changed into solid, liquid and gaseous states to facilitate further treatment and final disposal.
- SIGHT DISTANCE
- 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 measurements shall be made from a point 4.0 feet above the center line of the road surface to a point 0.5 foot above the center line of road surface.
- SOIL PERCOLATION TEST
- A field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.
- STREET, PUBLIC
- A strip of land, including the entire right-of-way, i.e., not limited to the cartway, intended for general public use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The term "public street" includes any thoroughfare intended for public use. Public streets are further classified according to the functions they perform:
- Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
- Any individual, copartnership or corporation or agent authorized thereby, which undertakes the subdivision of land, as defined by these regulations, as the owner, lessee or equitable owner or agent authorized thereby of the land being subdivided.
- 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 devises, transfer
of ownership or building or lot development; provided, however, that the subdivision
by lease of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential dwelling,
shall be exempted.[Amended 10-9-1990 by Ord. No. 7-1990]
- The Board of Supervisors of West Goshen Township.[Added 10-9-1990 by Ord. No. 7-1990]
- A licensed surveyor registered by the Commonwealth of Pennsylvania.
- TILE DISPOSAL FIELD
- A system of open-jointed or perforated pipes laid in the upper strata of the soil to distribute sewage effluent into the soil for absorption and evaporation.
- TOWNSHIP ENGINEER
- A professional engineer registered in the Commonwealth of Pennsylvania,
duly designated by the Supervisors to perform the duties of Township Engineer.[Added 10-9-1990 by Ord. No. 7-1990]
- Any natural or artificial swale, stream, channel, drain or culvert
in which water flows continuously or intermittently. Such term shall include,
but not be limited to, a channel, creek, ditch, drain, dry run and stream.[Amended 3-10-2004 by Ord. No. 3-2004]
- WATER DISTRIBUTION SYSTEM, COMMUNITY
- A system for supplying and distributing water from a common source to dwellings and other buildings but generally not confined to one neighborhood.
- WATER DISTRIBUTION SYSTEM, ON-SITE
- A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.
Editor's Note: See 53 P.S. § 10101 et seq.
Editor's Note: The former definition of "plan, conservation," which immediately followed this definition, was repealed 10-9-1990 by Ord. No. 7-1990.
Editor's Note: See 35 P.S. § 750.1 et seq.
Editor's Note: The former definition of "plan, sketch," which immediately followed this definition, was repealed 10-9-1990 by Ord. No. 7-1990.
Editor's Note: See 65 P.S. § 271 et seq.
Editor's Note: This ordinance also repealed the former definitions of "resident property owner" and "resubdivision." Ordinance No. 3-1993, adopted 5-25-1993, repealed the former definition of "reserve strip," which immediately followed this definition.
Editor's Note: Former Subsection B, which defined the term "cul-de-sac street," was repealed 5-25-1993 by Ord. No. 3-1993.
Editor's Note: Former Subsection C, which defined the term "marginal access street," was repealed 5-25-1993 by Ord. No. 3-1993.