[Ord. 197, 12/1/2008]
Unless otherwise expressly stated, the words and phrases listed
in this Part shall be construed throughout this Chapter to have the
meanings indicated herein. Words in the singular include the plural,
and those in the plural include the singular. Words in the present
tense include the future tense. Words used in the masculine gender
include the feminine and neuter. The word "person" includes corporation,
unincorporated association, firm, organization and partnership, as
well as an individual. The word "structure" includes the meaning of
"building," and each shall be construed as if followed by the phrase
"or part thereof." The word "may" is permissive; the word "shall"
or "must" always is mandatory. When words, phrases, or terms are not
defined, they shall have their ordinarily accepted meanings, or such
as the context shall imply.
[Ord. 197, 12/1/2008]
The following terms, as used in this Chapter, shall have the
meanings indicated below:
A drive, which may be paved, providing vehicular ingress,
egress, and/or circulation from a street to a parking lot or other
areas across a buffer, sidewalk, or other path.
The Pennsylvania Municipalities Planning Code ("MPC"), Act
247 of 1968, as amended.
The tilling of the soil; the keeping or raising of livestock,
horses or poultry; a nursery; landscape operations; and tree farms.
See "street, service."
A tract or area used principally as a location for permanent
amusement structures or rides. (MPC)
A landowner or developer, as herein defined, who has filed
an application with the Borough for development or subdivision, including
his heirs, successors and assigns or the equitable owner of property
with the owner's permission.
Every application, whether preliminary or final, 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 land
development plan.
A body politic and corporate created pursuant to the act
of May 2, 1945, P.L. 382, No. 164, known as the "Municipalities Authorities
Act of 1945."
Any area of the building having a floor below ground level
on all sides.
An enclosed area of a building at grade on at least one side,
and potentially below grade on other sides, which shall be considered
a building story if 50% or more of the height of building walls is
above grade.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to the continuity of development.
Honey Brook Borough, Chester County, Pennsylvania.
The Borough Council of Honey Brook Borough, Chester County,
Pennsylvania.
A person, who is not necessarily the owner of the land or
agent of the same, who by contract or other agreement is charged with
the responsibility of construction of buildings or other structures,
or of making any construction improvements on any parcel of land.
Any structure having a roof and enclosed walls, which is
used for shelter, housing, or enclosure of persons, animals or property,
affixed to the land, including mobile or manufactured homes.
See definition for accessory use, structure, or building in Borough Zoning Ordinance [Chapter 27].
The ratio of the total ground floor area of all buildings
on a lot to the total area of the lot on which they are located. Total
ground floor area shall be measured from the outside face of outside
walls. (ZO)
The vertical measurement of a building from the mean level
of finished grade surrounding the building, to the point midway between
the highest and lowest points of the roof, excluding the chimney,
spires, and/or mechanical equipment above the roof, such as stair
or elevator penthouses and water towers and similar vertical projections.
An approval statement signed by the Building/Zoning Officer
authorizing the construction, alteration, reconstruction, restoration,
demolition or razing of all or a part of any building within the Borough.
An established line within a property defining the minimum required distance between any building to be erected and the adjacent right-of-way line of the street on which it fronts, to provide the minimum front yard dimension specified by the Borough Zoning Ordinance [Chapter 27]. In the case of an existing interior lot not fronting a street for its entire width, the building setback line shall be a line parallel to the street right-of-way measured from the front lot line nearest the street, defining the minimum distance in which no building may be constructed.
A line which dictates the placement of a building or structure
from the street right-of-way on which the building or structure fronts.
On a corner lot, there shall be a build-to line on each side of a
lot abutting a street. In the case of an interior lot, the build-to
line shall be measured as defined for interior lots under building
setback line.
The officer of the Borough designated by the Borough Council
as the individual who issues the permit for the construction, alteration,
reconstruction, restoration, demolition or razing of all or a part
of any building within the Borough.
Standards that control the height, density, intensity and
location of buildings and structures, i.e., setbacks or yard requirements.
An area which provides a year-round visual and/or sound attenuation
between uses, through the application of such means as plantings,
earthen berms, depressions, fences, and walls.
The diameter of a tree trunk measured at a point six inches
above ground level.
The portion of a street right-of-way, paved or unpaved, customarily
used by vehicles in the regular course of travel over the street.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street center lines.
The official public document of current adoption consisting
of maps, charts and textual matter, that constitutes a policy guide
to decisions about the physical and social development of the Borough
and Township titled Honey Brook Joint Comprehensive Plan (February
1993), as adopted and amended from time to time.
A form of ownership of real property, as defined in the Pennsylvania
Uniform Condominium Act which includes an undivided interest in a
portion of a parcel, together with a separate interest in a space
within a structure.
See "erection."
An alteration of a building, structure or land by change
of use, theretofore existing, to a new use which imposes other special
provisions of a law governing building construction, equipment, exits
or zoning regulations.
See "Borough Council."
Chester County, Pennsylvania.
Chester County Planning Commission, Pennsylvania. (MPC)
A right-of-way, municipally or privately owned, intended
to furnish access for pedestrians.
See "street."
The angle between a horizontal line through the lamp center
and the line of sight at which the lamp first becomes visible as viewed
from normal viewing angles.
The dismantling or tearing down of all or part of any building
and all operations incidental thereto.
The diameter of a tree trunk, usually measured 3.5 feet from
ground surface.
The lot or tract area as defined by this Chapter divided
by the total number of dwellings to be housed thereon, expressed in
dwelling units (DU) per acre.
A structure designed to retard surface water runoff for a
period of time sufficient to cause the deposition of sediment and
to reduce the velocity and/or volume of surface flows leaving a site,
thus controlling erosion, reducing flood potential, and promoting
groundwater recharge.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
or land development.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other paving, utilities, mining,
dredging, filling, grading, excavation, drilling operation, the storage
of equipment or materials and the subdivision of land.
A written contract between an applicant and the Borough,
specifying the conditions of final approval by the Borough, and providing
for the completion and dedication of improvements.
See "zoning district."
The movement of water from an area by stream or sheet flow,
and removal of excess water from soil by downward flow.
Any ditch, gutter, pipe, culvert, stormwater or other structure
designed, intended or constructed for the purpose of diverting surface
waters from, or carrying surface waters off streets, public rights-of-way,
parks, recreational areas, or any part of any subdivision or land
development or contiguous land areas.
See "tree dripline."
A private means of vehicular and pedestrian access from a
public or private street to a single lot.
A driveway providing access to not more than two contiguous lots, which is established and maintained in accordance with the applicable requirements of this Chapter, the Borough Zoning Ordinance [Chapter 27], and all other applicable laws and regulations.
See Borough Zoning Ordinance [Chapter 27] for definition.
See Borough Zoning Ordinance [Chapter 27] for definition.
Activity resulting in the movement of earth, or stripped
of vegetative cover from the earth.
A permanent right granted for limited use of private land,
often for a public purpose. 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. Easements include, but are not limited
to, those for utility, drainage, and public access.
The date upon which this Chapter officially comes into effect,
except that with respect to the subject matter of any amendment, said
date shall mean the date upon which the particular amendment comes
into effect.
A wall, fence, plantings, earth works, or combinations thereof,
which are arranged or placed so as to divert attention from, or obstruct
at least 50% of an otherwise clear view of a use or activity during
all seasons of the year, as outlined by this Chapter. (See also, "planting
screen.")
A professional engineer, licensed in Pennsylvania, and duly
designated by the Borough to perform the duties of engineer.
Any or all work necessary for the erection or construction
of any building or structure from a combination of materials which
form safe and stable structures.
The removal of surface materials by the action of natural
elements, such as wind or water.
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.
Any act by which earth, sand, gravel, rock, or any other
similar material is dug into, cut, quarried, uncovered, removed, displaced,
relocated, or moved, including the conditions resulting from any such
activity.
Any freestanding and uninhabited structure consisting of
wood, glass, metal, plastic, wire, wire mesh, masonry, or vegetation,
singly or in combination with other materials, two feet or higher,
erected to secure or divide one property from another or part of a
property from a remaining part; to ensure privacy; to protect the
property so defined; and/or, to enclose all or part of the property.
Any act by which earth, sand, gravel, rock, or any other similar
material is placed, pushed, dumped, pulled, transported, or moved
to a new location above the natural surface of the ground or on top
of the stripped surface or a trench, including the conditions resulting
from such;
The difference in elevation between a point on the original
ground and a designated point of higher elevation on the final grade;
The material, such as cited above, used to make a fill.
See "lot, interior."
The length of a front lot line coinciding with a street line.
A building other than a private garage, one or more stories
in height, used solely for the commercial storage or parking or motor
vehicles, and not used for the repair or maintenance of motor vehicles.
An accessory structure or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises, and for the storage of not more than two motor vehicles
owned and used by persons other than the owner or tenant of the premises.
The elevation of ground or paving which adjoins a building
or structure.
The replenishment of water in an aquifer, by the percolation
of precipitation, streams, lakes, or other water sources.
Any security which may be required of a developer by the
Borough to cover the cost of maintaining improvements after final
acceptance by the Borough of improvements installed by the developer.
Such security may include, but is not limited to, Federal or Commonwealth
lending institution irrevocable letter of credit or restrictive or
escrow account.
Any security which may be required of a developer by the
Borough in lieu of a requirement that certain improvements be made
prior to the Borough approving the developer's subdivision plan
or land development plan. Such security may include, but is not limited
to, those instruments cited above as acceptable for maintenance guarantees.
A soil that is saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions that favor
the growth and regeneration of wetlands vegetation which include those
plant species that have adapted to saturated soils and periodic inundations
occurring to wetlands. Hydric soils shall include any soil inventoried
or described as hydric or as a soil with hydric inclusions according
to the Soil Survey of Chester and Delaware Counties, Pennsylvania,
or other information provided by the U.S. Soil Conservation Service.
Areas or materials, such as buildings, structures, and paved
areas, which are impenetrable by liquid and that are incapable of
allowing groundwater recharge or absorbing precipitation and liquids.
The Borough shall make a determination on questions whether an area
or material is impervious, based on recommendation from the Borough
Engineer.
Buildings for public or quasi-public use, streets, curbs,
gutters, street lights and signs, water mains, hydrants, sanitary
sewer mains, including laterals to the street right-of-way line, storm
drainage lines, stormwater management structures, walkways, recreational
facilities, open space improvements, shade trees, buffer or screen
plantings, and all other additions or changes to the tract or lot
for purposes of subdivision or land development.
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.
The act of monitoring compliance with applicable provisions
contained in this Chapter or other applicable regulations, as undertaken
by authorized representatives of the Borough and in the manner specified
herein.
Any of the following activities:
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 cumulative, 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.
The definition of land development shall not include the following
activities:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which constitutes an amusement park. (See
"amusement park.") This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
Any activity which causes land to be exposed to the damage
of erosion, including clearing, grading, filling, plowing, or any
other earthmoving, as defined.
The legal or beneficial owner or owners of land, the holder
of an option or contract to purchase (whether or not such option or
contract is subject to any condition), a lessee if he is authorized
under the lease to exercise the rights of the landowner, or other
person having proprietary interest in land.
The planting of turf-grass or other appropriate ground cover
in all open areas of the lot, and in addition, the planting of evergreen
and deciduous trees, and shrubs, including the maintenance thereof,
for the control of erosion, retention of precipitation, protection
against the elements, promotion of human comfort, and otherwise protecting
the public health, safety and welfare.
A lane of a cartway intended for use by vehicles entering,
leaving, or crossing a lane of forward travel without interrupting
the flow of traffic.
A measured parcel of land, having fixed boundaries and designated
by a deed survey, plot, or identified on a subdivision or land development
plan and undivided by any street or dedicated future street right-of-way.
Such parcel shall be separately described by metes and bounds, the
description of which is recorded in the office of the Recorder of
Deeds of Chester County by deed description, or is described by an
approved subdivision plan recorded in the office of the Recorder of
Deeds of Chester County.
The area of land contained within the limits of the property
lines bounding a lot as shown on a deed, survey, plot, subdivision,
or land development plan, excluding any portion of a lot included
in street and railroad rights-of-way, utility easements, and stormwater
management areas.
A lot at the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the point of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°. Each yard abutting a street shall be considered a front
yard, and the remaining yards shall include a rear yard, opposite
the street to which the principal building is addressed, and a side
yard, opposite the other street.
The ratio of the total ground floor area of all impervious
surfaces to the total area of the lot on which they are located.
A lot extending between and having frontage on two generally
parallel streets.
A lot which does not adjoin a street but is connected thereto
by an access strip of required minimum width. Minimum lot area and
other dimensional requirements shall be those of the applicable zoning
district, and shall be met on that portion of the lot exclusive of
the access strip.
A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting a street the
lot line shall be deemed to be the same as the street line, the lot
line shall not be the centerline of the street, or any other line
within the street line even though such may be on the property boundary
line in a deed.
The lot line abutting any street and coinciding with any
street right-of-way line. In the case of any corner lot, each of the
two (or more) street-abutting lot lines shall be considered a front
lot line. In the case of an interior lot, the front lot line shall
be the line most parallel and closest to the street right-of-way line
at the nearest point to the right-of-way where the lot attains substantially
the minimum required lot width.
A lot line opposite and most distant from the front lot line.
If the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, parallel to and at the maximum
distance from the front lot line. In the case of a corner lot, the
rear lot line shall be any lot line that is not a front lot line or
a side lot line.
A lot extending between and having frontage on an arterial
or collector street and a local street, with vehicular access solely
from the latter.
The horizontal distance, in feet, between side lot lines,
or between the side lot line and the front lot line in the case of
a corner lot, measured at either the street line or building setback
line, and parallel to the street line. When the street line is curved,
the measurement shall be parallel to the curve of the street line.
A parcel or contiguous parcels of land which have been so designated and improved that it contains two or more mobile home lots for the placements thereon of mobile homes for non-transient use. Mobile home parks shall comply with all the design standards and improvement specifications found in this Chapter, except as otherwise required in the Zoning Ordinance [Chapter 27] for streets. The submission, review, approval or disapproval, and recording of any mobile home park shall be in accordance with the provisions of this Chapter. The plan of any mobile home park shall comply with the requirements stated in this Chapter. All mobile home parks shall comply with all the requirements for mobile home parks as may be listed in the Zoning Ordinance [Chapter 27].
The area of a lot that has no development restrictions. The
minimum buildable area shall not include the area of any required
setbacks (except driveways and parking areas which cross yards), buffer
yards, and natural resources.
A permanent survey marker placed at known reference points,
of dimensions and weight to resist movement by natural or man-made
forces, and the top surfaces shall be set flush to the ground.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended and reenacted by Act 170 of 1988, 53 P.S. § 10101
et seq., and any subsequent amendments thereto.
See "lot."
A space located off the public right-of-way designed and
designated for parking a single motor vehicle.
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
Areas, excluding buildings, surfaced with concrete, paving
brick, bituminous, or other such material, to create a dustless, all-weather
surface.
AS BUILTA corrected final plan, showing dimensions and locations of all streets, structures, and other improvements as actually constructed.
EXISTING SITE FEATURES AND CONSERVATIONA plan to accompany preliminary and final application submissions that includes the property boundaries, a natural features inventory, a man-made features inventory, impact assessment, and mitigation measures addressing natural features as required in this Chapter.
FINALAn exact and complete site design and layout plan and construction improvements plan prepared by a registered engineer or surveyor, to be recorded upon approval.
GRADINGA plan graphically illustrating all earthmoving activities and the timing of such activities in accordance with the provisions of this Chapter, and to be provided under the improvements construction plan.
IMPROVEMENTS CONSTRUCTIONA component of the preliminary and final plan, prepared by a registered engineer, showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts, grading, and other utilities and improvements as required, including a horizontal plan, profiles and cross-sections.
LAND) DEVELOPMENT A sketch, preliminary, or final plan with written and graphic materials, showing the provisions for development of a subject tract when a subdivision plan would not be applicable. "Provisions for development" may include, but are not limited to, location and bulk of buildings and other structures, intensity of use or density of development, streets, parking, and public facilities.
PRELIMINARYA site design and layout plan and construction improvements plan prepared by a registered engineer, in less detail than a final plan and prepared for consideration prior to submission of a final plan.
RECORDEDA final plan, with accompanying documents as required by this Chapter, which has been recorded by the applicant in the office of the Recorder of Deeds of Chester County.
SITE DESIGN AND LAYOUTA component of the preliminary and final plan, prepared by a registered engineer, showing the layout and dimension of all proposed lots, existing and proposed streets, buildings, public areas, drainage facilities, and other site features as required by this Chapter.
SKETCHA plan submitted, at the applicant's option, for review and discussion prior to application for preliminary plan approval including, at minimum, the information suggested for sketch plans by this Chapter.
STORMWATER MANAGEMENT AND SEDIMENTATION AND EROSION CONTROLSeparate or combined plans that contain all proposed stormwater management, and sedimentation and erosion control measures, as required by this Chapter.
SUBDIVISIONA plan outlining items under the definition for subdivision, and as specified in this Chapter.
The Planning Commission of Honey Brook Borough, Chester County,
Pennsylvania.
A combination of deciduous (leaf-shedding) and evergreen
plantings intended to provide an effective screen throughout the year.
(See also, "effective screen.")
The map or plan of a subdivision or land development, whether
preliminary or final.
A formal meeting held pursuant to public notice by the Borough
Council or Zoning Hearing Board, intended to inform and obtain public
comment prior to taking action.
A forum, often held by the Borough Planning Commission, pursuant
to notice by the Borough for the purpose of providing information
and/or discussion.
Notice given in advance of any public hearing required by
this Chapter. Notice published once each week for two successive weeks
in a newspaper of general circulation in Honey Brook Borough. Such
notice shall state the time and place of the public hearing and the
particular nature of the matter to be considered at the hearing. The
first publication shall be not more than 30 days and the second publication
shall be not less than seven days prior to the date of the hearing.
Public notice shall be in accordance with § 107(a) of the
MPC, as amended.
A vehicle which is:
Built on a single chassis.
Not more than 400 square feet, measured at the largest horizontal
projections.
Designed to be self-propelled or permanently towable by a light-duty
truck.
Not designed for use as a permanent dwelling, but as temporary
living quarters for recreational, camping, travel, or seasonal use.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more recreational vehicles.
Those recreational uses 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 swimming pools, excluding amusement parks.
Recreational uses which can be carried out with little alteration
or disruption in the area in which they are performed. Such uses include,
but are not limited to, hiking, biking, and picnicking.
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreational
activities.
The use of a building or part thereof for indoor entertainment
or sports, which may be operated as a commercial venture, such as
bowling, pinball and video games, pool tables, movie theaters, playhouses,
tennis, racquetball, squash, indoor basketball, indoor swimming, or
similar indoor uses, but excluding target shooting or any other activities
that create loud noises or may be dangerous or disturbing to surrounding
residents.
An outdoor facility and associated structures designed and
equipped for the conduct of sports and leisure time activities, which
may be operated as a commercial venture, including swimming, tennis
and other court games, baseball and other field sports, playground
and other similar outdoor activities, but excluding amusement parks,
go-cart tracks, shooting ranges and other activities which generate
noise objectionable to a residential environment.
Any or all work involving the replacement of existing construction,
work, or features with the same material for the purpose of maintenance
and upkeep only, but not including any addition, removal, change,
or modification in any construction or existing features.
A parcel of land separating a street from adjacent properties.
A change in 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.
A reservoir, formed from soil or other material, designed
to temporarily or permanently retain a certain amount of stormwater
from a catchment area. Retention basins also may receive fresh water
from year-round streams. Unlike detention basins, retention basins
are generally designed to always contain water, and thus may be considered
man-made lakes or ponds.
The total width of any land reserved or dedicated as a street,
alley, walkway, or crosswalk, or for any other public or private purpose.
The existing right-of-way of dedicated streets as established
by the Commonwealth of Pennsylvania or other appropriate governing
authority.
The right-of-way deemed appropriate to provide adequate width
for future street improvements, as specified in this Chapter.
See "street."
The area where the majority of a plant's primary roots
are established and the most critical area to protect from disturbance
when preserving the plant.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil,
but runs off the surface of the land.
Those soils in which the groundwater surface is one foot
or less from the ground surface at certain times of the year.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
wind, water or gravity.
The process by which mineral or organic matter is accumulated
or deposited by wind, water or gravity.
Any substance that contains any of the waste products or
excrementitious matter or other discharge from the bodies of human
beings or animals and laundry, bathroom, and kitchen waste water.
INDIVIDUAL SYSTEMThe disposal of sewage by use of septic tanks or other safe and healthful means, approved by the Chester County Health Department, and within the confines of the single lot on which the use is located.
COMMUNITY SYSTEMA sanitary sewage system, privately built and operated, which carries sewage from individual dischargers by a system of pipes to one or more common treatment and disposal facilities. Treatment and disposal may occur either on-site or off-site, and shall be approved by the Pennsylvania Department of Environmental Protection.
PUBLIC SYSTEMAn off-site system for the collection, treatment, and disposal of sewage in which sewage is conveyed by a system of pipes to an off-site publicly-operated treatment facility, the Northwestern Chester County Municipal Authority and others as applicable, and disposed of through measures approved by the Pennsylvania Department of Environmental Protection.
A tree in a public place, street, special easement or right-of-way
adjoining a street, as provided in this Chapter.
A line of unobstructed vision between two points of specified
height above the center line of a street, the length of which shall
be of a minimum specified distance.
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The ownership of property by any person, partnership, corporation,
or other entity in which ownership is separate and distinct from that
of any adjoining property.
A lot, tract, or parcel of land on which grading, construction,
subdivision, or land development is taking place or is proposed to
take place; the location of the work.
Investigation, study, and documentation of any property proposed
for subdivision and/or land development and adjacent areas, including
review of established information sources as well as on-site investigation,
in accordance with the provisions of this Chapter.
All refuse including garbage and trash, and all solid material
which is putrescible and originating from the preparation, cooking
and consumption of food and market produce.
A unique, rare or otherwise specifically selected plant or
tree which most typically represents a whole class or group, specifically
in shape, form, historical importance or any other characteristic
which may be designated as such by the Borough.
Water which surfaces, flows or collects during and subsequent
to rain or snowfall.
Any ditch, depression, swale, gutter, pipe, culvert, basin
or other natural or mechanical facility designed, intended, or constructed
for the purpose controlling and managing stormwater runoff.
A public (dedicated) or private (undedicated) right-of-way
intended for use as a means of vehicular and pedestrian circulation.
The word "street" includes thoroughfare, avenue, court, drive, highway,
road, or similar terms.
ARTERIALA street serving a large volume of comparatively high-speed and long distance traffic and providing a high degree of mobility, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation. "Arterials" are identified in the Comprehensive Plan.
PRINCIPAL ARTERIALThe major function is the movement of large volumes of traffic at relatively high rates of speed, and they provide higher types of services and facilitate traffic over longer distances on an intercounty or interstate basis. "Access points" are generally limited and controlled.
MINOR ARTERIALThese streets interconnect with and augment the principal arterial system, and provide services for trips of moderate length and have controlled access points. These streets have greater access to adjacent land than principal arterials.
COLLECTORA street designed and located to gather traffic off local streets and to provide access for through-traffic from residential neighborhoods within the Borough to major roadways. Those streets which give limited access to abutting property, intercept local or minor streets and provide routes, carrying considerable volumes of traffic to community facilities and to major traffic streets; collector streets are identified as such in the Comprehensive Plan.
MAJOR COLLECTORA collector serving fairly large volumes of long distance traffic at moderate speed, providing a mix or access and mobility, and linking communities and municipalities.
MINOR COLLECTORA collector serving lower amounts of traffic at lower speeds, gather traffic from local roads to more major traffic arteries, providing relatively more access than mobility, and serving as a major road through identifiable neighborhoods and connecting neighborhoods.
CUL-DE-SAC STREETA local street intersecting another street at one end and terminating at the other end by a permanent vehicular turnaround.
LOCAL STREETA street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic. Local streets provide for short distance, low speed, travel, make up a majority often Borough roads, and generally have the greatest amount of access points. Local streets are identified in the Comprehensive Plan.
PARTIAL (or HALF) STREETA street generally parallel and adjacent to a property line, having a right-of-way width less than normally required for a satisfactory improvement and use of the street.
PRIVATE STREETA local street, serving only an abutting lot or lots that is not offered or required to be offered for dedication.
PUBLIC STREETA public thoroughfare which has been dedicated and deeded to the Borough and which affords the principal means of access to the abutting property.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
SINGLE-ACCESS STREETA local street including, but not limited to, a cul-de-sac or loop design, which has only one point of intersection with an existing street or with a proposed street having more than one access point.
A line which is an equal distance from both street lines
unless officially designated otherwise.
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road or highway legally open
or officially platted, or between a lot and the outside boundary of
a privately owned street, road or way over which the owners or tenants
of two or more lots, each held in single and separate ownership, have
the right-of-way.
Any man-made object having an ascertainable stationary location
on land or water, whether or not affixed to the land. Anything constructed
or erected on the ground or attached to the ground, including, but
not limited to, buildings, sheds, mobile homes, signs, fences or walls,
antennae, porches, platforms, tennis courts, swimming pools, tanks,
and towers, and other similar items.
The division or redivision of a lot, tract or parcel of land
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 not
be included.
The Subdivision and Land Development Ordinance of Honey Brook
Borough, as adopted and amended from time to time.
See Part 3.
That official of the Borough designated by the Council, respectively,
to administer the provisions of this Chapter.
A site condition where, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to § 22-602 of this Chapter) of those improvements required as a condition of 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.
Any repair, reconstruction, rehabilitation, addition, or
other improvement of a structure to an extent or amount equaling 50%
or more of the market value of the structure before the start of construction
of the improvement. "Substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building, commences, whether or not that alteration affects
the external dimensions of the structure. This term includes structures
which have incurred "substantial damage" regardless of the actual
repair work performed. The term does not, however, include any project
for improvement of a structure to correct existing violations of State
or local health, sanitary or safety code specifications which have
been identified by the local code enforcement official and which are
the minimum necessary to ensure safe living conditions.
The determination of the boundaries of a tract of land as
certified by a registered land surveyor.
A professional land surveyor licensed in Pennsylvania.
Natural and friable loam containing sufficient humus and
nutrients to support plant growth, and extending in depth to the extent
of penetration of feeder roots of the prevailing grasses.
For the purposes of this Chapter, the amount of land contained
within the limits of the property lines bounding that area.
One or more lots assembled and presented as a single property
for purposes of subdivision or land development.
See "lot area."
A right-of-way containing a marked or beaten path, either
paved or unpaved, for pedestrians, equestrian or bicycle use.
The line marking the outer edges of the branches of the tree.
Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business, or operation carried on in a building or other structure or on a lot or tract of land. See "use, by-right; use, conditional; use, accessory; use, special exception" in the Zoning Ordinance [Chapter 27].
Any place designed or maintained for public pedestrian use,
without regard to ownership.
A permanent stream, intermittent stream, river, brook, creek
or a channel or ditch for water, whether natural or man-made with
a defined bed and banks in which water flows in a definite direction
or course, either continuously or intermittently, as depicted on the
most current edition of the applicable USGS Quadrangle Map.
INDIVIDUAL SYSTEMA safe, healthful and adequate supply of water to a single user from a private well located on the land or lot on which the use is located.
PUBLIC SYSTEMA system for supplying water in sufficient quantities usually from an off-site source to more than one dwelling or other buildings, which is administered by a municipal authority or by a municipality or public utility as defined and regulated by the Pennsylvania Public Utility Commission and such system shall comply fully with all applicable requirements of the Pennsylvania Department of Environmental Protection. The term includes any collection, treatment, storage and distribution facilities that are used in connection with the system.
COMMUNITY SYSTEMA water system from a common source to more than one dwelling and other buildings within an area. The water supply source may be located on-site or off-site and may be publicly or privately owned. Such system shall comply fully with all applicable requirements of the Pennsylvania Department of Environmental Protection and the Pennsylvania Public Utility Commission.
Those areas that are inundated and saturated by surface or
groundwater at a frequency or duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. Any area meeting the official
wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania
Department of Environmental Protection, as amended, shall be considered
a wetland for the purposes of this Chapter. In the event the definition
of a wetland accepted by the U.S. Army Corps of Engineers conflicts
with the definition of a wetland accepted by the Pennsylvania Department
of Environmental Protection, the more restrictive definition shall
apply.
A wetland margin is the transitional area extending from the outer limit of a wetland. For the purpose of this Chapter, the wetland margin shall extend 75 feet from the wetland boundary, as identified pursuant to § 27-1115 of the Zoning Ordinance [Chapter 27], or to the limit of the hydric soils, whichever is less. However, in no case shall the wetland margin be less than 25 feet in width.
An open area around the inner periphery of a lot or tract
on the same lot as a building, structure, and/or use; a yard extends
parallel to lot lines and street lines, and is measured as a distance
perpendicular to lot and street lines.
An area between and parallel to the building setback line
and the street line from which the lot has access or which abuts the
lot, and extending the entire width of the lot along the front lot
line at a specified distance from such front lot line. Also see, "building
setback line." In the case of a corner lot, see "corner lot."
An area extending the entire width of the lot along the rear
lot line at a specified distance from such rear lot line.
An area extending the entire depth of a lot along a side
lot line extending a specified distance from such side lot line.
The basic system of zoning, which, under the Borough Zoning Ordinance [Chapter 27], as amended, divides all land in the Borough into separate, distinct zones, and sets limits and requirements for land use in each of these zones. These zones are a geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects for the purpose of establishing zoning regulations.
The Zoning Hearing Board of Honey Brook Borough, Chester
County, Pennsylvania.
The official Zoning Map of Honey Brook Borough, as adopted
and amended from time to time.
The officer charged with the enforcement of the provisions of the Borough Zoning Ordinance [Chapter 27].
The Zoning Ordinance of Honey Brook Borough, as adopted and
amended from time to time.
