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.
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.
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]
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Figure 1, Buffer Requirements[Amended 3-10-2004 by Ord. No. 309]
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Figure 2, Basin Perimeter Buffer[Amended 3-10-2004 by Ord. No. 309]
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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.
ILLUMINANCE
The quantity of incident light per unit area, measured with
a light meter in footcandles.
[Added 3-10-2004 by Ord. No. 310]
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.
(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.
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.
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.
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.
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.
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.
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.
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 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.
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."
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.
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.
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.
[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]