Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meaning herein indicated:
A.Â
The singular shall include the plural and the plural
shall include the singular.
B.Â
Words used in the present or past tense shall include
the future tense.
C.Â
The words "person," "applicant," "subdivider" and
"owner" shall include a corporation, unincorporated association, trust,
partnership or other legal entity, as well as an individual.
D.Â
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 building containing three or more dwelling units separated
by party walls, one or more of which dwelling units may be located
from ground to roof, and common outside access and hallways, intended
to be owned by a single entity and used specifically for residential
purposes and originally constructed as such.
[Added 6-15-2021 by Ord.
No. 9-2021]
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his or its heirs,
personal representatives, successors and assigns.
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.
The line within a property defining the minimum required
distance between any structure or building to be erected and an adjacent
right-of-way.
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.
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.
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.
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.
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]
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]
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.
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]
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.
Any of the following activities:
[Amended 10-9-1990 by Ord. No. 7-1990]
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;
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
The addition of any accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
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.
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]
As defined in the West Goshen Township Zoning Ordinance.[1]
[Amended 10-9-1990 by Ord. No. 7-1990]
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.[2]
[Added 10-9-1990 by Ord. No. 7-1990]
A building containing more than one dwelling unit.[3]
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.
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]
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.
The West Goshen Township Planning Commission.
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.
The Township's comprehensive plan of sewage facilities adopted
in compliance with Pennsylvania Act 537.[4]
[Added 10-9-1990 by Ord. No. 7-1990]
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]
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]
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.[5]
The map or plan of the subdivision or land development, whether
preliminary or final.
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]
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]
A forum held pursuant to notice under the Act of July 3,
1986, P.L. 388, No. 84, known as the "Sunshine Act."[6]
[Added 10-9-1990 by Ord. No. 7-1990]
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[7]]
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."
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.
Any structure designed to treat sanitary sewage within the
boundaries of any individual lot.
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.
A covered watertight settling tank in which raw sewage is
changed into solid, liquid and gaseous states to facilitate further
treatment and final disposal.
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.
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.
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:
MINOR LOCAL STREETA street used primarily to provide access to abutting properties.
(Reserved)[8]
(Reserved)[9]
COLLECTOR STREET or FEEDER STREETA street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or other collector and major streets (streets in industrial and commercial subdivisions shall generally be considered collector streets); or which connects a local street system with a major street or highway system.
MAJOR STREET or THROUGH HIGHWAY (ARTERIAL)A 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; or a highway on which preference is given to the through movement of traffic at the expense of cross traffic.
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.
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.
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]
A system for supplying and distributing water from a common
source to dwellings and other buildings but generally not confined
to one neighborhood.
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
[3]
Editor's Note: The former definition of "plan,
conservation," which immediately followed this definition, was repealed
10-9-1990 by Ord. No. 7-1990.
[4]
Editor's Note: See 35 P.S. § 750.1
et seq.
[5]
Editor's Note: The former definition of "plan,
sketch," which immediately followed this definition, was repealed
10-9-1990 by Ord. No. 7-1990.
[6]
Editor's Note: See 65 P.S. § 271
et seq.
[7]
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.
[8]
Editor's Note: Former Subsection B, which
defined the term "cul-de-sac street," was repealed 5-25-1993 by Ord.
No. 3-1993.
[9]
Editor's Note: Former Subsection C, which
defined the term "marginal access street," was repealed 5-25-1993
by Ord. No. 3-1993.
