Other terms or words
used herein shall be interpreted or defined as follows:
ALLEY
See "service street."
APPLICANT
A landowner, developer, or authorized agent who has filed
an application under this chapter, including his/her heirs, successors,
and assigns.
BLOCK
An area bounded by three or more streets.
BOROUGH COUNCIL
The Borough Council of Oxford, Chester County, Pennsylvania.
BUILDING
Any combination of materials forming an enclosed structure
which is erected on the ground and permanently affixed thereto, designed,
intended, or arranged for the housing, sheltering, enclosure for persons,
animals or property of any kind, including attached structures such
as utility sheds and carports.
BUILDING, ACCESSORY
A building or structure subordinate to the principal building
on a lot and used for purposes incidental to those of the principal
building, but excluding truck bodies, abandoned mobile homes, truck
trailers or other similar structures, whether or not permanently affixed
to the ground.
BUILDING OFFICER
An agent of the Borough charged with the administration and
enforcement of the Borough Building Code.
BUILDING, PRINCIPAL
A building or structure housing the main and primary use
occurring on a lot.
BUILDING SETBACK LINE
The line established within a property defining the minimum
required distance between any dwelling to be erected and an adjacent
right-of-way or front line and parallel thereto.
CARTWAY (ROADWAY)
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use, including travel lanes, but not including shoulders,
curbing, and drainage facilities.
CLEAR-SIGHT TRIANGLE
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.
COMMISSION
The Planning Commission of the Borough of Oxford.
COMPREHENSIVE PLAN
The Oxford Region Comprehensive Plan adopted by Borough Council
and amended from time to time.
COUNTY
The County of Chester, Commonwealth of Pennsylvania.
CROSSWALK
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street.
DETENTION BASIN
A structure designed to retard surface water runoff for a
period of time sufficient to cause the deposition of sediment and
to retard the velocity and rate of surface flows leaving a site as
a means of preventing erosion.
DEVELOPER (SUBDIVIDER)
Any landowner, agent of such landowner, or tenant with the
written permission of such landowner who makes or causes to be made
a subdivision of land or a land development.
DEVELOPMENT PLAN
The provision for development of a planned residential, commercial,
or industrial development, including a plat of subdivision, all covenants
related to use, or density of development, streets, ways, and parking
facilities, common open space, and public facilities. The phrase "provisions
of the development plan" when used in this chapter shall mean the
written graphic materials referred to in this definition.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of sanitary or storm
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage.
DWELLING OR DWELLING UNIT
A building or entirely self-contained portion thereof containing
complete housekeeping, sleeping, and lavatory facilities used as a
residence by only one family with no enclosed space (other than vestibules,
entrances, or other hallways or porches) in common with any other
dwelling units. This definition excludes units in a motel, hotel,
dormitory, hospital, and the like. Dwellings may be classified as
follows:
(b)
1)
TWINA building containing two dwelling units, separated by a party wall, each having independent outside access and open space on three sides.
2)
DUPLEXA building containing two dwelling units, with one dwelling unit above the other and each of which has independent outside access and open space on all sides.
(c)
MULTIFAMILYA building containing three or more dwelling units, including, but not limited to, four-family dwelling (fourplex, quadraplex), townhouse (single-family attached), and apartment buildings.
1)
FOUR-FAMILY DWELLING (FOURPLEX, QUADRAPLEX)A building containing four dwelling units, each unit being ground to roof with independent outside access, two nonparallel walls in common with adjacent dwelling units, and open space on two nonparallel sides.
2)
TOWNHOUSE (SINGLE-FAMILY ATTACHED)A building containing dwelling units separated by parallel party walls, each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units, and open space to the front and rear (interior units) or front, rear, and one side (end units).
3)
APARTMENTA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accesses, and hallways.
EASEMENT
A right-of-way granted, but not dedicated, for limited use
of private land for public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structure
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee.
ENDORSEMENT
The application of the County Planning Commission's appropriate
stamp and the signature of the Executive Director to the final plan.
The application of the Borough Planning Commission's appropriate stamp,
the signature of the Chairman of the Commission, the signatures of
the President and Secretary of the Borough Council and the Borough
Seal.
ENGINEER
A licensed professional engineer registered by the Commonwealth
of Pennsylvania and retained by the Borough of Oxford.
GRADE
The inclination, with the horizontal, of a road, unimproved
land, etc., which is generally expressed by stating the vertical rise
or fall as a percentage of the horizontal distance.
GRADING PLAN
A plan to scale showing existing and proposed buildings and
structures, as well as existing and proposed contours at sufficient
intervals to define the general slope of the grounds.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration of
water, including but not limited to: structures such as roofs, buildings,
storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, tennis or other paved
courts; or athletic playfields comprised of synthetic turf materials.
For the purposes of determining compliance with this chapter, compacted
soils or stone surfaces used for vehicle parking and movement shall
be considered impervious.
IMPROVEMENTS
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
IMPROVEMENTS, PUBLIC
Those improvements which are designed to be offered for dedication
to the Borough of Oxford.
LAND DEVELOPMENT
Any of the following activities:
(a)
The improvement of one or more contiguous lots, tracts, or parcels
of land for any purposes involving:
1)
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.
2)
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.
(c)
Development in accordance with § 503(1.1) of the Municipalities
Planning Code, 53 P.S. § 10503(1.1).
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option 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 a proprietary interest in land.
LAND PLANNER
A recognized professional individual or firm affiliated with
registered engineers, architects and/or surveyors capable of preparing
development plans.
LOT
A designated parcel, tract, 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
The area contained within the property lines of a lot (as
shown on the plan), excluding space within all rights-of-way of public
roads and within all permanent drainage easements, but including the
areas of all other easements.
MAINTENANCE GUARANTY
A guaranty by the subdivider that he shall maintain all improvements
in good condition for a period of one year after completion of construction
and installation of all such improvements.
MARKER
A metal pipe or pin of at least 1/2 inch in diameter (preferably
3/4 inch or 7/8 inch) and at least 24 inches in length one preferably
30 inches to 36 inches].
MOBILE HOME
A transportable structure intended for permanent occupancy,
contained in one unit or in two or more units designed to be joined
into a single integral unit capable of again being separated for repeated
towing. A "mobile home" arrives at a site completed and ready for
occupancy except for minor and incidental unpacking and assembly operations
and connection to a permanent foundation, including any addition or
accessory structure, such as porches, sheds, decks, or additional
rooms. A mobile home may qualify as a single-family detached dwelling,
provided that the mobile home meets all standards as established by
all building and other applicable codes of the Borough of Oxford.
MONUMENT
A stone or concrete monument with a flat top at least four
inches in diameter or square, containing a copper or brass dowel (1/4
inch drill hole) and at least 24 inches in length (preferably 30 inches
to 36 inches). It is recommended that the bottom sides or radius be
at least two inches greater than the top, to minimize movements caused
by frost.
MULTIPLE-FAMILY DEVELOPMENT
A development created from a unified plan for multiple-family
dwelling units, common open space, parking, and other facilities.
OWNER
Any person, firm, association or syndicate, copartnership
or corporation having a proprietary interest in any land sought to
be subdivided in pursuance of this chapter.
PERFORMANCE GUARANTY
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Borough gives final approval
to the plan, including performance bonds, escrow agreements and any
other collateral or surety agreements.
PLAN, AS-BUILT
A revised engineered drawing corrected to show all changes
in design, sizes, or location which may have been made during actual
construction.
PLAN, FINAL
A complete and exact subdivision plan (and including all
required supplementary data), prepared for official recording of a
major subdivision by statute, to define property rights and proposed
streets and other improvements, prepared by a registered engineer
or registered surveyor.
PLAN, LAND DEVELOPMENT
A plan depicting all aspects of a particular land development
as required herein to portray the full intent of an applicant.
PLAN, MAJOR STREET
That element of the Borough Comprehensive Plan, now or hereafter
adopted, which shows the general location, alignment, and dimensions
and the identification and classification of existing and proposed
major streets, highways, and other thoroughfares.
PLAN, OFFICIAL
The Comprehensive Development Plan and/or Master Plan and/or
Future Land Use Plan and/or Ultimate Right-of-Way Plan and/or Official
Map and/or Topographical Survey and/or other such plans or portions
thereof as may have been adopted, pursuant to statute, for the area
of the Borough in which the subdivision is located.
PLAN, PRELIMINARY
A tentative subdivision plan (and including all required
supplementary data), in lesser detail than a final plan, showing approximate
proposed street and lot layout as a basis for consideration of a major
subdivision prior to preparation of a final plan prepared by an engineer
or surveyor.
PLAN, RECORD
The copy of the final plan which contains the original endorsements
of the County Planning Commission, the Borough Planning Commission
and the Borough Council and is intended to be recorded with the County
Recorder of Deeds and is prepared by a registered engineer or registered
surveyor.
PLAN, SKETCH
A concept plan, not necessarily to exact scale, indicating
salient existing features of a tract and its surroundings and the
general layout of a proposed subdivision, prepared by the subdivider,
an engineer, a surveyor, or land planner.
PLAT
A map or plan of a subdivision, whether preliminary or final.
PUBLIC GROUNDS
Includes parks, playgrounds, and other public areas; and
sites for publicly owned buildings and facilities.
RECREATION LAND
An area of land and/or water, substantially free of structures
and paved areas, permanently restricted for common enjoyment and recreational
use by residents of a development and possibly the general public.
RECREATION, ACTIVE
Those recreational pursuits which require physical alteration
to the area in which they are performed, and that are more formally
organized and maintained. Such areas are intensively use and may include,
but are not limited to, playgrounds, playing fields, tennis and basketball
courts, and swimming pools.
RECREATION, PASSIVE
Recreational pursuits which can be carried on with little
alteration or disruption to the area in which they are performed,
and which may remain more natural and undeveloped. Such uses may include,
but are not limited to, hiking, biking, picnicking, and tot lots.
RESERVE STRIP
A parcel of ground in separate ownership separating a street
from other adjacent properties or from another street, either proposed
or existing.
RETENTION BASIN
A reservoir, formed from soil or other material, designed
to permanently retain stormwater runoff from a specified amount of
stormwater runoff as defined by this chapter. "Retention basins" always
contain water and include man-made ponds and lakes.
REVERSE-FRONTAGE LOT
A lot extending between and having frontage on two generally
parallel streets, excluding service streets, with vehicular access
solely from one street.
REVIEW
Whenever the County Planning Commission and/or the Borough
Planning Commission possesses such jurisdiction, the action of review
shall also include review and approval or, if necessary, review and
disapproval.
SEWAGE FACILITIES, PUBLIC
An off-site system for treatment and disposal of sewage in
which sewage is conveyed by interceptor to a publicly operated treatment
plant and disposed of through means approved by the Pennsylvania Department
of Environmental Protection.
SIGHT-DISTANCE
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is unobstructed by traffic. "Sight distance" measurement shall be
made from a point 4 1/2 feet above the center line of the road
surface to a point 1/2 foot above the center line of the road surface.
STREET
A strip of land, including the entire right-of-way (i.e.,
not limited to the cartway), to provide access to more than one lot.
The word "street" includes street, avenue, boulevard, road, highway,
freeway, parkway, lane, alley, viaduct, and other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private. "Streets" are further classified according to the function
they perform:
(a)
MINOR STREETA street used primarily to provide access to abutting properties.
(b)
CUL-DE-SACA local access street intersecting another street at one end and terminating at the other end by a permanent vehicular turnaround.
(c)
HALF (PARTIAL) STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.
(d)
MARGINAL ACCESS STREETA minor street, parallel and adjacent to a major street (but separated from it by a reserve strip), which provides access to abutting properties and control of intersections with the major streets.
(e)
COLLECTOR STREETA street which serves as access between neighborhoods within the Borough and provides access to the arterial street network.
(f)
ARTERIAL STREETA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
(g)
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
(h)
PRIVATE STREETA thoroughfare serving two or more lots held in single and separate ownership and not dedicated or deeded to the Borough.
(i)
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.
(j)
INTERNAL STREETA minor street used for circulation and access within a development project involving multi-residence or commercial or industrial uses.
SUBDIVIDER
Any individual, copartnership or corporation (or agent authorized
thereby) which undertakes the subdivision or development of land,
as defined by this chapter, as the owner or equitable owner (or agent
authorized thereby) of the land being subdivided or developed.
SUBDIVISION
The division or re-division 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 or access or any residential
dwelling, shall be exempted.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
TRACT
One or more lots assembled and presented as a single property
for purposes of subdivision or land development and/or building permit
application, provided that the lots, when assembled, shall be contiguous
(i.e., have significant common boundaries) and not separated or divided
by an arterial or collector street.
TRACT AREA
The total acreage of a tract lying within existing property
lines, as defined by the deed, prior to the initiation of subdivision
or land development.
TRAIL
A corridor through which passes, or will pass, a pedestrian
accessway and/or a bikeway. A trail is to serve transportation, commuting,
and/or recreational functions as part of an intermodal transportation
system. The term "trail" shall include the following:
(a)
MULTI-USE ARTERIAL TRAILA type of trail that offers low-speed transportation and recreation opportunities to pedestrian and bicycle users. Such trail segments provide the principal connecting routes between destinations within the Borough and to multimunicipal and regional trail systems beyond the Borough.
(b)
BIKEWAYA type of trail corridor designed primarily for bicycle traffic, as authorized by the Borough. Bikeways may serve transportation and/or recreational functions. Except where a designated bikeway route is contained within a road cartway or road shoulder, bikeways shall exclude all motorized vehicles, except: (a) motorized wheelchairs; (b) e-bikes that are both motorized and able to be operated manually by pedaling; and (c) as authorized by the Borough for maintenance, management, and emergency purposes.
(c)
LOCAL/COLLECTOR TRAILA type of trail designed as an on-site recreation resource and as a means of connection to one or more multi-use arterial trails. Such trail may, but need not, serve multi-use functions.
TRAIL CARTPATH
The area within a trail right-of-way that is designed and
constructed for regular use by the intended trail users and provided
with an appropriate surface for that purpose.
TRAIL SHOULDER
The areas within a trail right-of-way that are immediately
adjacent to the trail cartpath and designed in accordance with the
standards of this chapter.
USE, PRINCIPAL (USE)
The specific, primary purpose for which land or a building
is designed, arranged, intended, or for which it is or may be maintained
or occupied.
WATER SUPPLY, PUBLIC
A municipally owned and operated system for supply and distributing
water from a common source or sources to two or more users within
a franchise area. The system shall be approved by the Chester County
Health Department and/or the Pennsylvania Department of Environmental
Protection.
WOODLAND
A tree mass or plan community in which tree species are dominant
or codominant and the branches of the trees form a complete, or nearly
complete, aerial canopy.