[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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, limited liability company, unincorporated association,
and a partnership, as well as an individual. The word "may" is permissive;
and words "shall" and "will" are mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
The Pennsylvania Municipalities Planning Code of July 31,
1968, as amended, 53 P.S. § 10101 et seq. (Act No. 247)
A landowner or developer, as hereinafter defined, or his
authorized agent including his heirs, successors and assigns, as hereinafter
defined, who has filed an application for subdivision or land development.
Every application, whether preliminary or final, for the
approval of a subdivision plan or for the approval of a development
plan, which is required to be filed and approved prior to start of
construction or development.
An area bounded by streets.
The Borough of West Grove.
Any structure or part thereof for which a building permit is required by the Borough of West Grove Zoning Ordinance, Chapter 400 of the Code, prior to the commencement of construction thereof.
An established line within a property defining the minimum required distance between any structure to be erected and an adjacent street right-of-way, to provide the front yard specified by Chapter 400, Zoning.
The paved surface of a street available for vehicular traffic.
The Council of the Borough of West Grove.
A residential street with an end open for public vehicular
and pedestrian access and the other end terminating in a vehicular
turnaround.
Date on which a completed application together with all required
information, fees, etc., is received by the Borough of West Grove
Secretary.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development, including improvements thereto.
A right-of-way granted for limited use of land for a public
quasi-public or private use.
A licensed professional engineer registered in Pennsylvania
and duly designated by the Borough of West Grove to perform the duties
of engineer as herein specified.
A street, generally parallel and adjacent to a property line,
having a narrower right-of-way width than normally required for a
satisfactory improvement and use of the street.
Improvements including but not limited to grading, paving,
curbing, fire hydrants, water mains, sanitary sewers, storm sewers,
and other surface drainage facilities, retaining walls, street signs,
monuments or the like, intended for dedication to the Borough.
Any of the following activities:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code (as amended).[1]
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition); a lessee if he is
authorized under the law to exercise the rights of the landowner;
or other person having a proprietary interest in land.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A lot is a parcel of land 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 a lot, provided that the area shall not include
any part of an abutting street or any part of a driveway or areaway
used in common with the owners or occupiers of other lots.
A home built off-site from the location on which the home
is to be located and lived within. A manufactured home, typically
referred to as factory built, industrialized housing, modular, or
prefabricated, may be in one of the following types:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A structure, transportable in one or more sections, which is
built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes mobile home, park trailer, travel trailers, recreational
and other similar vehicles which are placed on a site for more than
180 consecutive days.
A structure, transportable in one or more sections, designed
for placement upon a permanent foundation when attached to the required
utilities, including, but not limited to, modular homes or double-wide
homes that may be attached side by side, stacked, or any variety of
configuration. This type of manufactured home does not have axles
and may or may not have a frame or permanent chassis.
A metal pipe or pin of at least one-half-inch diameter and
at least 24 inches in length.
A transportable single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit, capable of again being separated
for repeated towing on its own axles. A mobile home in built on a
permanent chassis, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assemble operations,
and constructed so that it may be used with or without a permanent
foundation. A mobile home may be referred to as a "manufactured home."
Such designation shall in no way alter the intent of this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any lot, parcel, contiguous parcels, or tract of land designated,
maintained, improved, or intended for the purpose of supplying a location
for or accommodation of two or more mobile home lots or upon which
more than one mobile home is provided or located, whether or not a
charge is made for the use of the mobile home park and its facilities,
and shall include all buildings and structures used or intended for
use as part of the park. A mobile home park shall not include a mobile
home sales lot upon which unoccupied mobile homes are parked for the
purpose of inspection or sale.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A stone or concrete monument with a flat top at least four
inches across and at least 24 inches in length, to the top of which
is permanently affixed a brass or copper marker.
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.
A safe, adequate and healthful supply of water to more than
one user from a common source approved by all governmental agencies
having jurisdiction over such matters.
The disposal of sewage by use of cesspools, septic tanks,
or other safe, adequate and healthful means within the confines of
the lot on which the use is located approved by all governmental agencies
having jurisdiction over such matters.
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.
A 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.
A tentative land development or subdivision plan prepared
by a registered engineer, land surveyor or landscape architect, in
lesser detail than a final plan, showing approximate proposed street,
drainage and lot layout as a basis for consideration prior to preparation
of a final plan.
A plan prepared by a registered engineer or surveyor showing
the vertical section of the existing grade and proposed grade along
the center line of any proposed street, and any street appurtenances
to be constructed or installed, which must include a typical cross-section
of the street construction.
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.[2]
A notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A lot situated between and having frontage on a major thoroughfare
and local street and with vehicular access solely from the latter.
Land reserved as a street, cross-walk, or for other public
purposes.
A line of unobstructed vision from a point 4 1/2 feet
above the center line of a street to the nearest point on the top
of an object four inches high on the same center line.
A street is a right-of-way intended for the general public
used to provide means of passage for vehicles and pedestrians. The
definition of each of the words "road," "highway," "thoroughfare"
and "way" is the same as that for "street."
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.
MAJOR THOROUGHFAREA street with considerable continuity connecting district centers which serves, or will eventually serve large volumes of traffic.
PRIVATE STREETA street not offered or not required to be offered for dedication.
Defined to include:
A division of a single 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 transfer of ownership or of building or lot development,
provided that a division of land for agricultural purposes into parcels
of more than 10 acres and not involving any new streets or easements
shall not be deemed a subdivision.
The creation of a mortgage encumbering real estate is a subdivision
if it encumbers less than the entire tract of land titled in the mortgagor's
name at the time the mortgage is created.
The term subdivision includes resubdivision and, as appropriate
in this chapter, shall refer to the process of subdividing land or
to the land subdivided.
