The purpose of this chapter is to assure sites
suitable for building purposes and human habitation and to provide
and promote flexibility, economy and ingenuity in the layout and design
of subdivisions and land developments, assuring open spaces for traffic,
recreation, light, and air and the proper distribution of population,
thereby creating conditions favorable to the health, safety, morals
and general welfare of the citizens of the Township of West Whiteland.
This chapter shall be known and may be cited
as the "West Whiteland Township Subdivision and Land Development Ordinance."
The provisions of this chapter shall be held
to be minimum requirements to meet the above-stated purposes. Where
the provisions of this chapter impose greater restrictions than those
of any statute, other ordinance, or regulation, the provisions of
this chapter shall prevail. Where the provisions of any statute, other
ordinance or regulation impose greater restrictions than those of
this chapter, the provisions of such statute, ordinance or regulation
shall prevail.
[Amended 4-13-1993 by Ord. No. 206]
A.
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, unincorporated association, partnership,
or any other similar entity as well as an individual. The word "may"
is permissive, and the words "shall" and "will" are mandatory.
B.
ACCELERATED EROSION
ACT
ACTIVE RECREATION
ANTECEDENT CONDITIONS
APPLICANT
APPLICATION FOR DEVELOPMENT
ARCHAEOLOGICAL FEATURES
BASIN, NATURALISTIC
BLOCK
BOARD
BUFFER
BUFFER, PERIMETER
BUFFER, SCREENING
BUILDING
BUILDING SETBACK LINE
CALIPER
CARTWAY
COMMERCIAL LOGGING/LUMBERING
CRITICAL ROOT ZONE
CUL-DE-SAC
DATE OF FILING
DBH
DETENTION BASIN
DEVELOPER
DIVERSION TERRACE
DRAINAGE EASEMENT
DRIPLINE
EARTHMOVING ACTIVITY
EASEMENT
ENGINEER
FOOTCANDLE
FULL CUTOFF
GLARE
GROUNDWATER RECHARGE
HALF OR PARTIAL STREET
HISTORICAL COMMISSION
HISTORIC RESOURCE
ILLUMINANCE
IMPERVIOUS SURFACES
IMPROVEMENTS, PRIVATE
IMPROVEMENTS, PUBLIC
IMPROVEMENTS, QUASI-PUBLIC
INTERIOR LOT
INTERIOR WALK
INVASIVE PLANT
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
(3)
(4)
(5)
LANDOWNER
LIGHT TRESPASS
LOT
LOT AREA, GROSS
LOT AREA, NET
LUMEN
MARKER
MATURE TREE
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MONOCULTURE
MONUMENT
MUNICIPAL SERVICES COMMISSION
NATIVE PLANT
NONVIABLE TREE
OFFICIAL MAP
OFF-SITE SEWER SERVICE
OFF-SITE WATER SERVICE
ON-SITE SEWER SERVICE
ON-SITE WATER SERVICE
PEAK DISCHARGE
PLAN, AS-BUILT
PLAN, FINAL
PLAN, PRELIMINARY
PLAN, PROFILE
PLAN, SKETCH
PLANNING COMMISSION
PLANTING STRIP
PREACQUISITION SITE ASSESSMENT
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
QUASI-PUBLIC
RETENTION BASIN
REVERSE FRONTAGE LOT
RIGHT-OF-WAY
SEDIMENT
SIGHT DISTANCE
SILVICULTURE
SPECIMEN TREE
STORM SEWER
STORMWATER
STREET
(1)
(2)
(3)
(4)
STRUCTURE
SUBDIVISION
SWALE (DRAINAGE)
TOWNSHIP
TOWNSHIP ENGINEER
TREE MASS
WATER SURVEY
WETLANDS
WOODED LANDS
WOODLAND
As used in this chapter, the following terms shall
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 (MPC) (Act
247 of 1968, as amended by Act No. 170 of 1988), as amended from time
to time.[1]
Those recreational pursuits which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include, but are not limited to, playgrounds, ball courts
and fields, and swimming pools.
The specified characteristics of the land surface (e.g.,
meadow) prior to a proposed disturbance or prior to a rainfall event
(e.g., amount of moisture in the soil); the basis for calculating
increases in runoff attributable to the disturbance or storms which
must be controlled.
A landowner or developer or his authorized agent including
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 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 development plan.
All cultural remnants, artifacts, sites and monuments of
past human life and activities.
A basin that is designed as a natural area with 100% native
plantings to promote habitat and aesthetics, and that resembles naturally
occurring landforms, with constructed banks no steeper than one foot
vertical to four feet horizontal.
[Added 3-10-2004 by Ord. No. 309]
An area bounded by streets.
The Board of Supervisors of West Whiteland Township.
An area of land containing vegetative plantings, which may
be used in conjunction with earthen berms, fences, and/or walls, which
shall be placed and maintained between uses on adjacent parcels of
land, to either lessen or block visibility, noise, glare and airborne
particles, depending on buffer type. No structure, manufacturing or
processing activity, storage of materials, or parking shall be permitted
within said buffer. All buffer areas shall include a dense screen
planting of trees, shrubs, grass or other plant materials that may
be used individually or in combination to ensure that a barrier is
provided.
[Amended 3-10-2004 by Ord. No. 309]
Plantings placed along the perimeter of a tract, along arterial
street rights-of-way and around the perimeters of stormwater management
basins, to diminish and mitigate views of a development from off site.
[Added 3-10-2004 by Ord. No. 309]
Plantings placed between incompatible land uses or zoning
districts to screen views of the adjacent property or use.
[Added 3-10-2004 by Ord. No. 309]
A structure or appendage to a structure which is permanently affixed to the land, and is used for human, animal or chattel enclosure, or in the case of a mobile home, connected in any fashion to any source of electricity, gas, heating fuel, telephone, or to a sewage disposal or water system of any type, including any structure or part thereof for which a building permit is required by Chapter 325, Zoning.
An established line within a property defining the minimum
required distance between any structure to be erected and an adjacent
street right-of-way.
The diameter of a tree trunk measured at a point 12 inches
above grade for trees of six-inch caliper or less. Caliper measurement
shall apply to newly installed trees.
[Added 3-10-2004 by Ord. No. 309]
The paved surface of a street or alley available for vehicular
traffic.
The cutting of 10 or more mature trees from wooded lands
other than pursuant to a plan or program of woodlot management designed
and intended to produce a self-sustaining, healthy and diverse, multiple-use
woodlot.
[Amended 3-21-1995 by Ord. No. 234]
An area of soil containing roots necessary to support a tree
in good health. This area is to be protected from all construction
activities, including earth disturbance, compaction, foot or vehicle
traffic, and material stock piling. For tree protection measures during
construction, the critical root zone is defined as a circular area
with a radius equal to 12 times the tree's DBH. Thus, a tree of two
feet DBH has a critical root zone with a twenty-four-foot radius.
[Added 3-10-2004 by Ord. No. 309]
The end of a street terminating in a vehicular turnaround.
Date on which a properly completed application together with
all required information, fees, etc., is received by the West Whiteland
Township Secretary.
The diameter of a tree at breast height, measured 4.5 feet
from the average level of ground surface. DBH shall apply to existing
trees on site.
[Amended 3-10-2004 by Ord. No. 309]
A structure designed to temporarily detain surface runoff
for a period of time sufficient to cause the deposition of sediment
and to reduce the velocity and rate of surface flows leaving a site.
Detention basins drain fully after rainfall has ceased.
Any landowner or authorized agent of such landowner, or tenant
of a landowner with the permission of such landowner, who makes or
causes to be made a subdivision of land or a land development, including
improvements thereto.
A channel or ditch, together with a ridge, constructed across
a sloping land surface on the contour or with predetermined grades
to intercept and divert surface runoff before it gains sufficient
volume and velocity to create erosion.
A right-of-way granted to use private land to facilitate
the flow of water as deemed necessary by the Township within which
the owner shall erect no permanent structures but may use the land
in any other way not inconsistent with the grantee's rights.
The line corresponding to the outermost extension of a tree's
branches, as projected onto the ground.
[Added 3-10-2004 by Ord. No. 309]
Land disturbance activity resulting in the movement of earth
or stripping of vegetative cover from the earth.
An interest in land owned by another that entitles its holders
to a specified limited use or enjoyment.
An engineer duly registered by the Commonwealth of Pennsylvania
to practice professional engineering. The word "engineer" shall include
the officers, agents and employees of the engineer.
A unit of incident-light quantity measurable with an illuminance
meter, also known as “footcandle meter” or “light
meter.”
[Added 3-10-2004 by Ord. No. 310]
A term used to describe a lighting fixture from which no
light is emitted at or above a horizontal plane drawn through the
bottom of the fixture housing and from which no more than 10% of the
lamp's intensity is emitted at an angle 10° below that horizontal
plane at all lateral angles around the fixture.
[Added 3-10-2004 by Ord. No. 310]
The sensation produced by excessive direct or reflected light
that causes annoyance, discomfort or loss in visual performance to
the eye. Glare is subjective and cannot be measured with a meter.
[Added 3-10-2004 by Ord. No. 310]
Replenishment of geologic structures and rock or soil interstices
which have the capacity to store water.
A street, generally parallel and adjacent to a property line,
having less right-of-way width than normally required for satisfactory
improvements and use of the street.
The Board which advises the Township on matters concerning
the preservation of historic resources, the members of which are appointed
by the Board of Supervisors.
The quantity of incident light per unit area, measured with
a light meter in footcandles.
[Added 3-10-2004 by Ord. No. 310]
Materials which are impenetrable and thus unable to absorb
liquids.
Improvements including, but not limited to, grading, paving,
curbing, sidewalks, fire hydrants, water mains, sanitary sewers, storm
sewers and other surface drainage facilities, retaining walls, traffic-control
devices, street signs, monuments, or the like, not intended for dedication
to a duly constituted governmental body or utility company.
Improvements including, but not limited to, grading, paving,
curbing, sidewalks, fire hydrants, water mains, sanitary sewers, storm
sewers, and other surface drainage facilities, retaining walls, traffic-control
devices, street signs, monuments, or the like, intended for dedication
to a duly constituted governmental body or utility company.
Improvements including, but not limited to, grading, paving,
curbing, sidewalks, fire hydrants, water mains, sanitary sewers, storm
sewers and other surface drainage facilities, retaining walls, traffic-control
devices, street signs, monuments, or the like, not intended for dedication
to a duly constituted governmental body or utility company, owned
by an owners' association (homeowners, property owners, etc.)
Any lot which only has access to a street by either an easement
or right-of-way; or any lot which has limited frontage to a street
by virtue of being flag-shaped.
A right-of-way for pedestrian use extending from a street
into the interior of a block or across a block to another street.
A plant not indigenous to an area that once introduced adversely
affects the ecology of a habitat or bioregion. Lists of invasive plant
species are maintained by the Pennsylvania Department of Conservation
and Natural Resources (DCNR), among other authorities.
[Added 3-10-2004 by Ord. No. 309; amended 12-12-2018 by Ord. No. 444]
Any of the following activities:
[Amended 3-21-1995 by Ord. No. 234; 11-18-2009 by Ord. No. 367]
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.
A subdivision of land.
Any change of use of a building or lot that
requires a public or private improvement.
Development of additional impervious surfaces greater than 2,000 square feet in area, development of any additional impervious surface not in compliance with or resulting in noncompliance with the maximum impervious coverage limitations of Chapter 325, Zoning; and development of any additional paved area in excess of the maximum permissible under a previously approved stormwater management plan.
Any earthmoving activity, clearing, grubbing,
cutting or removal of viable trees, or grading for the purpose of
layout, construction or opening to public or common use of or in connection
with any street, driveway, path or trail, parking area, utility main
or facility, stormwater management facility, buffer screening or landscaping
or other common private, public or quasi-public improvement(s).
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 conditions), 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 purpose of this chapter.
Light created by a lighting installation which extends beyond
the boundaries of the property on which the installation is sited.
[Added 3-10-2004 by Ord. No. 310]
A designated tract, parcel 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.
The total land surface contained within the limits of the
property lines bounding the lot.
The total land surface contained within the limits of the
property lines bounding the lot, exclusive of any street rights-of-way
and railroad rights-of-way.
The light-output rating of a lamp (lightbulb), as used in
the context of this chapter.
[Added 3-10-2004 by Ord. No. 310]
An iron pin of at least three-quarter-inch diameter and at
least 30 inches in length.
Any deciduous or evergreen tree of 12 inches or greater DBH.
[Amended 3-21-1995 by Ord. No. 234; 12-12-2018 by Ord. No. 444]
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 and assembly operations,
and constructed so that it may be used without a permanent foundation,
but with the same or equivalent electrical, plumbing and sanitary
facilities as for a conventional dwelling. The term does not include
recreational vehicles or travel trailers.[3]
A parcel of land in a mobile home park or subdivision, improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile home either leased or
held in private ownership.[4]
A parcel or contiguous parcels of land under single ownership
which has been so designated and improved that it contain two or more
mobile home lots for the placement thereon of mobile homes for nontransient
use.[5]
A plant community in which one species is prevalent or dominant
to the extent that habitat is diminished and susceptibility to disease
is increased.
[Added 3-10-2004 by Ord. No. 309]
A stone or concrete monument with a flat top at least four
inches across and at least 30 inches in length, in the top of which
a hole is drilled or to which is permanently affixed a brass or copper
marker.
The West Whiteland Township Municipal Services Commission.[6]
A species existing in the Mid-Atlantic region of the Eastern
United States prior to European settlement.
[Added 3-10-2004 by Ord. No. 309]
Any tree that is dead, dying, or exhibits physical damage
and/or pathology that significantly impairs its normal growth and
vitality, as determined by the Township's landscape professional.
[Added 12-12-2018 by Ord.
No. 444]
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.[8]
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.
The disposal of sewage by use of septic tanks or other safe
and healthy means within the confines of the lot on which the use
is located, approved by all governmental agencies having jurisdiction
over such matters.[9]
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.
The maximum rate of flow of water at a given point and time
resulting from a predetermined storm.
A plan showing the location, geometric design, and elevation and dimensions of all improvements incidental to a land development as actually constructed. As-built plans shall include the full set of approved plans with as-built changes on them (see § 281-55).
Complete and exact land development or subdivision plan prepared
by a registered engineer, land surveyor or landscape architect for
official recording as required by the Act[10] to define property rights and proposed streets and other
improvements.
A tentative land development or subdivision plan prepared
by a registered engineer, land surveyor or landscape architect, in
lesser detail than a final plan, showing approximate proposed street,
drainage and lot layout as a basis for consideration prior to preparation
of a final plan.
A plan prepared by an engineer or landscape architect 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. When deemed necessary by the Township
Engineer, profiles shall include right-of-way grades.
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.
The West Whiteland Township Planning Commission.[11]
A strip of land lying between the curbline, or edge of the
paving of a street, and the sidewalk, or edge of parking lot paving.
An assessment of a site which includes a site history reviewing
past uses of the site; a site description of the buildings and other
improvements on the site, soils and geology of the site, use of adjacent
properties, and methods of water supply and sewage disposal; results
of a site walk-through including the results of an inspection of buildings
and grounds and monitoring of organic vapors; results of sampling
and analysis from suspect areas; and an assessment report containing
conclusions and recommendations.
A formal meeting held pursuant to public notice by the Board
or Planning Commission, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[12]
Such notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the Township and 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.
Owned by owners' associations (homeowners, property owners,
etc.)
A reservoir, formed from soil or other material, which is
designed to retain permanently a certain amount of stormwater from
a catchment area and which also may be designed to detain temporarily
additional stormwater runoff from the catchment area. Retention basins
also may receive fresh water from year-round streams. Retention basins
always contain water, and thus may be considered man-made lakes or
ponds.
A lot extending between and having frontage on an arterial
or collector street and local street and with vehicular access solely
from the latter.
Land reserved as a street, sidewalk, or for other public
purposes.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
water.
The length of street visible to the driver essentially unobstructed.
The establishment of forest.
[Added 3-10-2004 by Ord. No. 309]
A tree determined by the Township to exhibit unique or distinguishing
characteristics or which is not commercially available. Specimen trees
include historically significant trees.
[Added 3-10-2004 by Ord. No. 309]
A pipe or conduit that carries intercepted surface runoff,
street wash and other wash waters, or drainage, but excludes domestic
sewage and industrial wastes.
Water which surfaces, flows or collects during and subsequent
to rain or snowfall.[13]
The right-of-way generally intended for public use to provide
means of approach for vehicles and pedestrians. The word "street"
includes the words "roads," "highway," "thoroughfare," and "way."
A functional classification of streets is contained in the West Whiteland
Township Comprehensive Plan.
ARTERIAL STREETA street with considerable continuity connecting district centers which serves, or will eventually serve, large volumes of traffic. Examples of arterial streets as of the effective date of this chapter are as follows: Swedesford Road, Boot Road, King Road, Whitford Hills Road and Shoen Road.
COLLECTOR STREETA street connecting local residential streets to each other, to community facilities and/or to primary or arterial streets, serving primarily neighborhood traffic. Examples of collector streets as of the effective date of this chapter are as follows: Southern Drive, Kirkland Avenue, Country Lane, Bartlett Avenue and Spruce Drive.
LOCAL STREETA street intended to serve and provide access primarily to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic. Examples of local streets as of the effective date of this chapter are as follows: Conner Drive, Rolling Drive, Bittersweet Lane, Queen Drive and Hendricks Avenue.
PRIVATE STREETAny street not dedicated for public use.
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, anchorage or other
protection. Such arrangement shall have a permanently fixed location
in or on the ground. Structures include, but are not limited to, buildings,
signs, fences or walls over six feet in height, aerials and antennae,
porches, platforms, tennis and handball courts, swimming pools, tents,
tanks and towers.
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 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
excepted.
A low-lying stretch of land which collects and/or carries
surface water runoff.
The Township of West Whiteland.
A registered professional engineer duly designated by West
Whiteland Township to perform the duties of engineer as herein specified.
A grouping of three or more trees whose individual canopies
are overlapping or interconnected.[14]
[Added 3-10-2004 by Ord. No. 309]
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Township or a subdivision or
land development.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
A lot or contiguous portion thereof containing a grove of
10 or more mature trees.
[Amended 3-21-1995 by Ord. No. 234]
An ecosystem characterized by dense and extensive tree cover.
More particularly, a plant community predominantly of mature trees
and other woody vegetation, well-stocked and growing more or less
closely together, as determined by the Township's landscape professional.
[Added 3-10-2004 by Ord. No. 309]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[7]
Editor's Note: See 53 P.S. § 10401
et seq.
[10]
Editor's Note: See 53 P.S. § 10101
et seq.
[12]
Editor's Note: See 65 Pa.C.S.A. § 701
et seq.
[14]
Editor's Note: The former definition of "tree, mature," which
immediately followed this definition, was repealed 12-12-2018 by Ord.
No. 444.
The West Whiteland Township Subdivision and
Land Development Ordinance, Ordinance 37, enacted November 11, 1974,
and all subsequent amendments thereto, are hereby repealed.