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. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCELERATED EROSION
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.
ACT
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]
ACTIVE RECREATION
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.
ANTECEDENT CONDITIONS
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.
APPLICANT
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.
APPLICATION FOR 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.
ARCHAEOLOGICAL FEATURES
All cultural remnants, artifacts, sites and monuments of past human life and activities.
BASIN, NATURALISTIC
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]
BLOCK
An area bounded by streets.
BOARD
The Board of Supervisors of West Whiteland Township.
BUFFER
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]
Figure 1, Buffer Requirements
[Amended 3-10-2004 by Ord. No. 309]
Figure 2, Basin Perimeter Buffer
[Amended 3-10-2004 by Ord. No. 309]
BUFFER, PERIMETER
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]
BUFFER, SCREENING
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]
BUILDING
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.
BUILDING SETBACK LINE
An established line within a property defining the minimum required distance between any structure to be erected and an adjacent street right-of-way.
CALIPER
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]
CARTWAY
The paved surface of a street or alley available for vehicular traffic.
COMMERCIAL LOGGING/LUMBERING
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]
CRITICAL ROOT ZONE
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]
CUL-DE-SAC
The end of a street terminating in a vehicular turnaround.
DATE OF FILING
Date on which a properly completed application together with all required information, fees, etc., is received by the West Whiteland Township Secretary.
DBH
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]
DETENTION BASIN
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.
DEVELOPER
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.
DIVERSION TERRACE
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.
DRAINAGE EASEMENT
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.
DRIPLINE
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]
EARTHMOVING ACTIVITY
Land disturbance activity resulting in the movement of earth or stripping of vegetative cover from the earth.
EASEMENT
An interest in land owned by another that entitles its holders to a specified limited use or enjoyment.
ENGINEER
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.
FOOTCANDLE
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]
FULL CUTOFF
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]
GLARE
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]
GROUNDWATER RECHARGE
Replenishment of geologic structures and rock or soil interstices which have the capacity to store water.
HALF OR PARTIAL STREET
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.
HISTORICAL COMMISSION
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.
HISTORIC RESOURCE
All buildings, sites, structures, objects and districts shown on the Historic Resources Map in Chapter 325, Zoning.[2]
ILLUMINANCE
The quantity of incident light per unit area, measured with a light meter in footcandles.
[Added 3-10-2004 by Ord. No. 310]
IMPERVIOUS SURFACES
Materials which are impenetrable and thus unable to absorb liquids.
IMPROVEMENTS, PRIVATE
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, PUBLIC
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, QUASI-PUBLIC
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.)
INTERIOR LOT
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.
INTERIOR WALK
A right-of-way for pedestrian use extending from a street into the interior of a block or across a block to another street.
INVASIVE PLANT
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]
LAND DEVELOPMENT
Any of the following activities:
[Amended 3-21-1995 by Ord. No. 234; 11-18-2009 by Ord. No. 367]
(1) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 
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.
(b) 
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.
(2) 
A subdivision of land.
(3) 
Any change of use of a building or lot that requires a public or private improvement.
(4) 
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.
(5) 
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).
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 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 TRESPASS
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]
LOT
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.
LOT AREA, GROSS
The total land surface contained within the limits of the property lines bounding the lot.
LOT AREA, NET
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.
LUMEN
The light-output rating of a lamp (lightbulb), as used in the context of this chapter.
[Added 3-10-2004 by Ord. No. 310]
MARKER
An iron pin of at least three-quarter-inch diameter and at least 30 inches in length.
MATURE TREE
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]
MOBILE HOME
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]
MOBILE HOME LOT
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]
MOBILE HOME PARK
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]
MONOCULTURE
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]
MONUMENT
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.
MUNICIPAL SERVICES COMMISSION
The West Whiteland Township Municipal Services Commission.[6]
NATIVE PLANT
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]
NONVIABLE TREE
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]
OFFICIAL MAP
A map adopted by ordinance of the Township pursuant to Article IV of the Pennsylvania Municipalities Planning Code, as amended.[7]
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.[8]
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 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]
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.
PEAK DISCHARGE
The maximum rate of flow of water at a given point and time resulting from a predetermined storm.
PLAN, AS-BUILT
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).
PLAN, FINAL
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.
PLAN, PRELIMINARY
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.
PLAN, PROFILE
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.
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.
PLANNING COMMISSION
The West Whiteland Township Planning Commission.[11]
PLANTING STRIP
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.
PREACQUISITION SITE ASSESSMENT
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.
PUBLIC HEARING
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
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."[12]
PUBLIC NOTICE
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.
QUASI-PUBLIC
Owned by owners' associations (homeowners, property owners, etc.)
RETENTION BASIN
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.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on an arterial or collector street and local street and with vehicular access solely from the latter.
RIGHT-OF-WAY
Land reserved as a street, sidewalk, or for other public purposes.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by water.
SIGHT DISTANCE
The length of street visible to the driver essentially unobstructed.
SILVICULTURE
The establishment of forest.
[Added 3-10-2004 by Ord. No. 309]
SPECIMEN TREE
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]
STORM SEWER
A pipe or conduit that carries intercepted surface runoff, street wash and other wash waters, or drainage, but excludes domestic sewage and industrial wastes.
STORMWATER
Water which surfaces, flows or collects during and subsequent to rain or snowfall.[13]
STREET
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.
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
PRIVATE STREETAny street not dedicated for public use.
STRUCTURE
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.
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 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.
SWALE (DRAINAGE)
A low-lying stretch of land which collects and/or carries surface water runoff.
TOWNSHIP
The Township of West Whiteland.
TOWNSHIP ENGINEER
A registered professional engineer duly designated by West Whiteland Township to perform the duties of engineer as herein specified.
TREE MASS
A grouping of three or more trees whose individual canopies are overlapping or interconnected.[14]
[Added 3-10-2004 by Ord. No. 309]
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater and surface water resources within the Township or a subdivision or land development.
WETLANDS
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.
WOODED LANDS
A lot or contiguous portion thereof containing a grove of 10 or more mature trees.
[Amended 3-21-1995 by Ord. No. 234]
WOODLAND
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.
[2]
Editor's Note: The Historic Resources Map is included at the end of Ch. 325, Zoning.
[3]
Editor's Note: See also Ch. 206, Mobile Homes and Mobile Home Parks.
[4]
Editor's Note: See also Ch. 206, Mobile Homes and Mobile Home Parks.
[5]
Editor's Note: See also Ch. 206, Mobile Homes and Mobile Home Parks.
[6]
Editor's Note: See Ch. 35, Municipal Service Commission.
[7]
Editor's Note: See 53 P.S. § 10401 et seq.
[8]
Editor's Note: See also Ch. 253, Sewers and Sewage Disposal.
[9]
Editor's Note: See also Ch. 253, Sewers and Sewage Disposal.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[11]
Editor's Note: See Ch. 53, Planning Commission.
[12]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[13]
Editor's Note: See also Ch. 270, Stormwater Management.
[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.