As used in this chapter, words in the singular include the plural,
and those in the plural include the singular. The word "person" includes
a corporation, an unincorporated association and a partnership, as
well as an individual. The word "may" is permissive, and the words
"shall" and "will" are mandatory and not discretionary.
In this chapter, except where the context clearly indicates
otherwise, the following words and phrases have the meanings indicated:
The removal of the surface of the land through the combined
action of man's activities and natural processes at a rate greater
than would occur from natural processes alone.
The Pennsylvania Municipalities Planning Code of July 31,
1968, 53 P.S. § 10101 et seq. (Act No. 247), as amended
from time to time.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
A landowner or developer, or his heirs, successors and assigns,
as hereinafter defined, who has filed an application for subdivision
or land development.
Every application, whether preliminary or final, which is
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 plan or for the
approval of a land development plan.
A tract of land bounded by streets or by a combination of
streets and public lands, rights-of-way, waterways or boundary lines
of the Borough of Ridley Park.
A strip of land, a mound or a berm planted and maintained
in shrubs, bushes, trees, grass or other ground cover material and
within which no structure shall be located. Additionally, a wall,
a fence or a similar architectural screen shall be considered when
approved by the Council.
Any combination of materials forming any structure which
is erected on the ground and permanently affixed thereto, designed,
intended or arranged for the housing, sheltering, enclosure or structural
support of persons, animals or property of any kind.
Any established line within a property, defining the minimum required distance between any building to be erected and an adjacent street right-of-way, to provide the front yard specified by Chapter 213, Zoning, of this Code. (See appendix included as an attachment to this chapter.)
The portion of a street right-of-way, paved or unpaved, customarily
used by vehicles in the regular course of travel over the street.
(See appendix included as an attachment to this chapter.)
An area of unobstructed vision at a street intersection,
defined by lines of sight between points at a given distance from
the intersection of the center lines of the traveled ways. (See appendix
included as an attachment to this chapter.)
A parcel or parcels of land, an area of water or a combination
of land and water within a development site (not including streets,
off-street parking areas or areas set aside for public facilities)
designed and intended for the use and/or enjoyment of the development's
residents. It must be substantially free of structures but may contain
such improvements as are in the subdivision or development plan as
finally approved and are appropriate for residents' recreation.
Any structure within said parcel or parcels of land shall be clearly
subordinate to, incidental to and customarily accessory to the primary
use of the site.
A form of ownership of real property, including an undivided
interest in a portion of a parcel, together with a separate interest
in a space within a structure, subject to the provisions of the Pennsylvania
Uniform Condominium Act of 1980.[1]
The Borough Council of the Borough of Ridley Park.
Areas of subdivision or land development particularly subject
to erosion and sedimentation, such as areas not covered with vegetation
due to grading, cutting or filling, which contain exposed subsoils
or mixtures of soil horizons or excessively long slopes and steep
grades.
Minimum standards in the layout by which a subdivision or
land development is developed.
Any landowner or authorized agent of such landowner or tenant
of a landowner who makes or causes to be made a subdivision of land
or a land development, including improvements thereto.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of diverting surface
waters from or carrying surface water off streets, public rights-of-way,
parks, recreational areas or any part of any subdivision, land development
or contiguous land areas.
A private vehicular and pedestrian access between a public
street and a parking area within a lot or property.
Activity resulting in the movement of earth or stripping
of vegetative cover from the earth.
A right-of-way granted for limited use of private land within
which the owner of the property 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 in the Commonwealth
of Pennsylvania, designated by the Borough of Ridley Park to perform
the duties of engineer as herein specified.
The movement of soil by the action of wind or water.
The low areas adjoining and including a watercourse or other body of water (such as a pond, marsh or lake) within the Borough, which are subject to inundation by a flood having a frequency of recurrence of one in 100 years. The basis for delineation shall be prescribed in Chapter 213, Zoning, of this Code.
Financial security which may be required of a developer by
the Borough prior to the Borough Council's accepting dedication
of improvements following completion, to secure structural integrity
of said improvements as well as the functioning of said improvements
in accordance with the design and specifications as depicted on the
final plan for a term not to exceed 18 months from the date of acceptance
of dedication. Such security may include but is not limited to performance
bonds, escrow agreements, surety agreements or irrevocable letters
of credit.
Any security which may be required of a developer by the
Borough in lieu of the completion of any improvements required as
a condition for final approval of the applicant's subdivision
plan or land development plan. Such security may include but is not
limited to performance bonds, escrow agreements, surety agreements
or irrevocable letters of credit supplied.
Materials which are impenetrable and thus unable to absorb
stormwater or other liquids; areas such as buildings, structures and
paved areas.
Grading; paving; curbing; streetlights and signs; landscaping;
water mains; hydrants; sanitary sewer mains, including laterals to
the street; sidewalks; monuments; and all other additions to the tract
that are required by ordinance or are necessary to result in a complete
subdivision/land development in the fullest extent of the term.
Improvements, including but not limited to those contained
in the definition of "improvements," that are intended for dedication
to the Borough, either in fee or by easement.
Any of the following activities:
[Amended 6-15-1989 by Ord. No. 1030]
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 in accordance with § 503(1.1) of the Municipalities
Planning Code.[2] (See appendix included as an attachment to this chapter.)
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 persons having a proprietary interest in land.
A lane adjacent to the primary cartway and attached thereto
for use only by vehicles entering, leaving or crossing a lane of forward
travel without interrupting the flow of traffic.
A tract or parcel of land intended for separate use, building
development or transfer of ownership, together with the required open
spaces and setbacks.
The total horizontal area contained within the property lines
of the individual parcels of land as shown on a subdivision plan,
excluding any area within any street right-of-way.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
A lot extending between and having frontage on a major thoroughfare
and local street and with vehicular access solely from the latter.
An individual appointed by the Borough Council and given
specific duties which direct him or her to manage and administer the
business of the Borough.
A metal pipe or pin of at least 1/2 inch in diameter and
at least 24 inches in length.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more 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, assembly operation
and utility connection, and constructed so that it may be used without
a permanent foundation.
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, which is leased by the
park owner to the occupants of the mobile home erected thereon.
A parcel of land under a single ownership which has been
planned and improved for the placement of mobile homes for nontransient
use, consisting of two or more mobile home lots.
A tapered permanent survey reference point of stone or concrete
having a square top four inches on each side with a length of at least
24 inches and a base the same shape as its top but two inches larger
in dimension. A stone monument shall have a copper or brass dowel
plug embedded in the center of its tip surface, and a concrete monument
shall have a vertical reinforcing bar cast integrally in its vertical
center and contain a one-fourth-inch diameter depression in the center
of its top surface.
AS-BUILT PLANA corrected final plan showing dimensions and locations of all streets and other improvements as actually constructed.
CONSERVATION PLANA plan, prepared in accordance with the provisions of § 184-23, which accompanies preliminary and final plan submissions, detailing stream channels, tree masses and other natural features and showing measures to protect the same and control erosion and sedimentation during construction.
FINAL PLANA complete and exact land development or subdivision plan, prepared in accordance with the provisions of § 184-22 by an engineer or surveyor who is registered in the Commonwealth of Pennsylvania, defining property lines, proposed streets, drainage facilities, easements and other improvements and which is to be recorded upon approval.
IMPROVEMENTS CONSTRUCTION PLANA plan, prepared in accordance with the provisions of § 184-24 by an engineer or surveyor who is registered in the Commonwealth of Pennsylvania, showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts and other improvements as required by these regulations, and including a horizontal plan, profiles and cross sections.
PRELIMINARY PLANA land development or subdivision plan, prepared in accordance with the provisions of § 184-21 by an engineer, land planner, landscape architect or surveyor in lesser detail than a final plan, showing approximate property lines, proposed streets, drainage facilities, easements and other improvements, for consideration prior to the submission of a final plan.
PROFILE PLANA plan, prepared by an engineer, land planner, landscape architect or surveyor, showing the vertical section 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 section of the street construction; part of the required submission for an improvements construction plan.
SKETCH PLANA plan, prepared in accordance with the provisions of § 184-20, which is submitted for review and discussion prior to application for preliminary plan approval. A sketch plan need not be drawn to exact scale but should indicate the location of stream channels, tree masses and other natural features and a general layout of the proposed subdivision plan or land development.
A professional planner or planning firm designated by the
Borough of Ridley Park to perform the duties of planner as herein
specified.
The Planning Commission of the Borough of Ridley Park.
The map or plan for a subdivision or land development, whether
preliminary or final.
Land which may include but is not limited to the following:
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 be not more than 30 days nor less than 14 days from the date
of the hearing.
A parcel of ground in separate (sometimes public) ownership,
separating a street from other adjacent properties or from another
street.
A change in the map of an approved or recorded subdivision
plat if such change affects any street layout on such map or area
reserved thereon for public use or any lot line or if it affects any
map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions. Any resubdivision, other than a minor lot
line adjustment, will constitute a new subdivision.
The total width of any land reserved or dedicated as a street,
alley or crosswalk or for any other public or private purpose.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
water.
An off-site system for the treatment and disposal of sewage
in which sewage is conveyed by interceptor to a publicly operated
treatment plant and disposed of through means approved by the Pennsylvania
Department of Environmental Resources.
A tree in a public place, street, special easement or right-of-way
adjoining a street, as provided in this chapter.
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. (See appendix included as an attachment
to this chapter.)
Object sight distance shall be measured from a point 4.5 feet
above the center line of the road surface to a point 0.5 foot above
the center line of the road surface.
Vehicle sight distance shall be measured from a point 4.5 feet
above the center line of the road surface to another point 4.5 feet
above the center line of the road surface.
Radiant energy (direct, diffused or reflected) received from
the sun at wavelengths suitable for conversion into thermal, chemical
or electrical energy.
The length of time, cited in the Pennsylvania Municipalities
Planning Code (Act 247, as amended),[3] required for the municipal review of preliminary and final
plans for subdivision and land development; currently 90 days for
review of each plan officially submitted.
Those areas of the Borough where the slope exceeds 15%, as defined by Chapter 213, Zoning.
Water which surfaces, flows or collects during and subsequent
to rain or snowfall.
A public (dedicated) or private (nondedicated) right-of-way
intended or used as a means of vehicular and pedestrian circulation.
The word "street" includes but is not limited to the words "road,"
"highway," "thoroughfare," and "way."
Any man-made object having an ascertainable stationary location
on 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 the
regulations, as the owner or equitable owner, or agent authorized
thereby, of the land being subdivided.
The division or redivision of a single lot, tract or parcel of land into two or more lots, tracts or parcels of land or the division of space into two or more units of space, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. Any subdivision of land for mortgage purposes shall comply with all of the requirements of this chapter and Chapter 213, Zoning.
MAJOR SUBDIVISIONAny subdivision of land which is not a minor subdivision as defined below.
MINOR SUBDIVISIONA subdivision in which:
No street is to be constructed or widened;
No other improvements that require a bond or escrow as a performance
guaranty are to be constructed;
No earthmoving activities will take place except those normal
to construction of a single-family dwelling on each lot; and
No more than three lots are created.
Where, in the judgment of the Borough Engineer, at least
90% 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.
A licensed surveyor registered in the Commonwealth of Pennsylvania.
An area, grove or stand of mature trees (i.e., greater than
six inches' caliper at a height of five feet from the ground)
covering an area greater than 1/4 acre or a grove of mature trees
(i.e., greater than 12 inches' caliper at a height of five feet
from the ground) consisting of more than 10 individual trees.
A permanent stream, intermittent stream, river, brook, creek
or a channel or ditch for water, whether natural or man-made.
Chapter 213, Zoning, of the Code of the Borough of Ridley Park, Pennsylvania, originally adopted April 7, 1982, as amended.
