[Ord. 76, 9/8/1982, § 200]
As used in this chapter, words in the singular include the plural
and those in the plural include the singular. The word "person" shall
include, but not be limited to, a corporation, unincorporated association,
and a partnership as well as an individual. The word "building" shall
include, but not be limited to, a structure and shall be construed
as if followed by the phrase "or part thereof." The word "street"
shall include, but not be limited to, avenue, boulevard, court, expressway,
highway, and road. The word "watercourse" shall include, but not be
limited to, channel, creek, ditch, drain, dry run, spring and stream.
The word "may" is permissive; the words "shall" and "will" are mandatory.
The word "Township" means East Fallowfield Township, Chester County,
Pennsylvania. The term "Supervisors" means the Board of Supervisors
of said Township. The term "County Planning Commission" means the
Chester County Planning Commission. The term "Township Engineer" means
the duly designated representative employed by said Township to perform
the duties of the Engineer as herein specified.
[Ord. 76, 9/8/1982, § 201;
as amended by Ord. 2000-2, 6/22/2000, § 1; and by Ord. 2010-01, 3/23/2010]
Unless otherwise expressly stated, or defined in the East Fallowfield Zoning Ordinance [Chapter 27], the following words and phrases throughout these regulations shall have the meanings indicated in this section:
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.
The Pennsylvania Municipalities Planning Code of July 31,
1968, as amended, 53 P.S. 10101 et seq. (Act No. 247).
Any person, other than the developer, who, acting for the
developer, submits to the Board of Supervisors subdivision or land
development plans for the purpose of review and approval procedures.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
The fastening of the mobile home to its pad (or stand) in
order to prevent upset or damage due to wind, erosion, flooding, or
other natural forces.
A landowner or developer or his authorized agent, including
his heirs, who has filed an application for subdivision or land 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 land development plan.
Any combination of materials forming any structure which
is erected on the ground and permanently affixed thereto, designed,
intended, or arranged for the housing, sheltering, enclosure, or structural
support of persons, animals, or property of any kind.
An established line within a property parallel to and measured
from the street right-of-way or property line, defining the minimum
required distance in which no building may be constructed. In the
case of an interior lot, the building setback line shall be parallel
to the street right-of-way but measured from the property line closest
to the street of primary access. Appendix 22-G-5 or 22-G-7.
The portion of a street right-of-way, paved or unpaved, customarily
used by vehicles in the regular course of travel over the street.
See Appendix 22-G-1.
An area of unobstructed vision at a street intersection defined
by lines of sight between points at a given distance from the intersection
down the center lines of the streets. See Appendix 22-G-3.
The alteration of the material or existing land surface,
to include the cutting of trees or brush in anticipation of land development,
or the erection of structures and for incidental improvements thereon.
A right-of-way, municipally or privately-owned, intended
to furnish access to pedestrians.
A street which is closed at one end and contains adequate
turnaround radius at the closed end. The 1,000 foot maximum length
will be measured from the last point of singular entry from existing
public road.
The diameter of a tree at breast height, measured 4.5 feet
from the ground surface at the point of highest elevation in contact
with the trunk of such tree.
A structure designed to retain surface runoff from a period
of time sufficient to cause the deposition of sediment and to reduce
the velocity and volume of surface flows leaving a site, thus preventing
further erosion.
Any landowner or authorized agent of such landowner, who
makes or causes to be made a subdivision of land or a land development,
including improvements thereto.
A lot with front and rear street frontage. See Appendix 22-G-7.
Any ditch, gutter, pipe, culvert, storm sewer, 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, land development,
or contiguous land areas.
A generally circular line, the circumference of which is
determined by the outer reaches of a tree's widest branching
points.
A private vehicular and pedestrian access between a public
street and a parking area within a lot or property.
Activity resulting in the movement of earth or stripping
of vegetative cover from the earth.
A licensed professional engineer duly designated by East
Fallowfield Township to perform the duties of engineer as herein specified.
Any security which may be required of a developer by the
Township and in conformance with Act 247, as amended, 53 P.S. § 10101
et seq., to secure the structural integrity of the improvements in
accordance with design specifications as approved on final plans after
completion and before dedication acceptance. For subdivisions and
land developments, it shall run for 18 months from the date of acceptance
and be in the amount of 15% of the actual costs of installation and
approved by the Township Solicitor. Such security may include, but
is not limited to, performance bonds, escrow agreements, surety agreements,
or irrevocable letters of credit.
Any security which may be required of a developer by the Township and in conformance with Act 247, § 509, as amended, 53 P.S. § 10509, that certain improvements (see § 22-412 herein) be completed before the approval of final plans. For subdivisions and land developments, improvements for which security is required shall not exceed 110% and be completed within one year. For PRDs, construction and installation of all improvements shall be completed within three years in an amount not exceeding 110% for that portion of the development for which final approval has been granted, as estimated by the Township Engineer. Security, as approved by the Township Solicitor, shall include, but is not limited to, bonds, escrow agreements, surety agreements, or irrevocable letters of credit.
The Chester County Health Department, Chester County, Pennsylvania.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak).
A device which is part of the frame or attaches to the frame
of a mobile home and connects it to a motor-driven vehicle for the
purpose of transporting the unit.
Grading, paving, roads and streets, walkways, excavation,
curbs, gutters, street lights, fire hydrants, shade trees, water mains,
sanitary sewers, storm drains, stormwater retention and detention
basins, and other related drainage facilities, recreational facilities
and open space as may be required by this chapter.
Improvements including, but not limited to, those contained
in the definition of "improvements" that are intended for dedication
to the Township, either in fee or by easement.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
The improvement of one lot or two or more continuous lots,
tracts or parcels of land for any purpose involving a group of two
or more buildings, or the division or allocation of land or space
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.
Any activity which exposes soils, alters topography and/or
alters vegetation.
For purposes of this chapter, 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 having a remaining term of not less than 40 years;
or other person having a proprietary interest in land.
A lane of a cartway intended for use only by vehicles entering,
leaving, or crossing a lane of forward travel without interrupting
the flow of traffic.
A tract or parcel of land regardless of size intended for
separate use, improvement, building development, or transfer of ownership,
and/or dedication and also capable of containing accessory buildings
and open space as required.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
The mean horizontal distance between the side lot lines measured
parallel to the street line. Where the street is curved or angled,
one width shall be measured as a straight line.
A metal pipe or pin of at least 1/2 inch diameter and at
least 24 inches in length.
To reduce to the smallest amount or extent possible. "Minimize"
shall not mean complete elimination but shall require that the most
substantial efforts possible under the circumstances have been taken
to reduce the adverse effect(s) of the action required to be minimized.
"Minimize" shall include, but not be limited to, the requirement that
the placement of dwellings and other structures and the locations
of roads, stormwater management facilities, and other land disturbance
shall be planned and designed to reduce the adverse effect(s) of the
activity in question to the smallest amount possible under the circumstances
consistent with otherwise permitted development.
(25 Pa. Code, Chapter 105) for the purposes of the provisions set forth in this chapter pertaining to conservation of woodlands, etc., § 22-630, the term "mitigation" means:
An action undertaken to accomplish one or more of the following:
Avoid and minimize impacts by limiting the degree or magnitude
of the action and its implementation.
Rectify the impact by repairing, rehabilitating, or restoring
the impacted environment.
Reduce or eliminate the impact over time by preservation and
maintenance operations during the life of the action.
A transportable unit intended for permanent occupancy, office,
or place of residence, contained in one or more sections, built on
a permanent chassis, which arrives at a site complete and ready for
occupancy except for utility connections and minor and incidental
unpacking and assembly operations, and constructed so that it may
be used with or without a permanent foundation. The term does not
include recreational vehicles or travel trailers.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home which is leased by the
park owner to the occupants of the mobile home erected on the lot
or purchased by the occupants.
A concrete pad at least six inches in thickness with at least
six tie-down rings to which the mobile home shall be secured and equal
in length and width to the dimensions of the mobile home to be placed
thereon.
A parcel of land which has been planned and improved for
the placement of mobile homes for nontransient use consisting of two
or more mobile home lots.
A tapered permanent survey reference point of stone or concrete
having a square top four inches on each side with a length of 24 inches
and a base the same shape as its top, but two inches larger in dimension.
A stone monument shall have a copper or brass dowel plug embedded
in the center of its top surface and concrete monument shall have
a vertical reinforcing bar cast integrally in its vertical center
and contain a 1/4 inch diameter depression in the center of its top
surface.
A plan which provides for the long-term management over time
of private, public, or common open space.
AS-BUILTA corrected final plan showing dimensions and locations of all streets and other improvements as actually constructed.
CONSERVATIONA plan to accompany preliminary and final plan submissions detailing stream channels, tree masses, and other natural features, and measures to protect the same and prevent erosion and sedimentation during construction used in conjunction with and as a complement to erosion and sedimentation control plan as required by DEP.
EROSION AND SEDIMENT CONTROLA plan in conformance and as required by the Department of Environmental Protection and prepared by a person trained and experienced in erosion and sedimentation control methods and techniques generally showing how land is to be protected against erosion with vegetative and mechanical measures and how natural waterways are to be preserved and protected before earthmoving activity is permitted. See §§ 22-505, "Conservation Plan," and 22-622.2.
FINALA complete and exact land development or subdivision plan prepared and stamped by a registered engineer, on a property line base prepared and stamped by a registered professional surveyor, defining property lines, proposed streets, drainage facilities, easements, and other improvements, and which is to be recorded upon approval.
IMPROVEMENT CONSTRUCTIONA plan stamped by a registered engineer showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts, and other improvements as required by these regulations, and including a horizontal plan, profiles, and cross-sections.
PRELIMINARYA land development or subdivision plan prepared in accordance with § 22-502, "Preliminary Plan Requirements," and providing the necessary details and information for review by the Township in order to make a tentative decision for approval or rejection.
PROFILEA 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; part of the required submission for an improvement construction plan.
SKETCHA plan submitted for review and discussion prior to application for preliminary plan approval, not necessarily to exact scale, indicating the location of stream channels, tree masses, and other natural features, and a general layout of the proposed subdivision or land development including a separate statement describing the proposed methods for handling sewage, water supply, and stormwater management.
TENTATIVEA preliminary plan for a planned residential development.
A strip of plant materials, both deciduous and evergreen
with a minimum of 20 feet in width to form adequate high level and/or
low screens where appropriate and consistent of existing trees larger
than two inches in diameter measured from three feet above ground
level. Such screens shall be comprised of not less than 20% evergreens.
The screens shall be maintained by the developer for a period of one
year after conveyance, at which time the landowner shall be responsible
for maintenance, buffers, or screens are required where any industrial
use abuts a residential or agricultural use.
A person who has a minimum of a bachelor of science degree
in forestry from a four-year college accredited by the Society of
American Foresters and acceptable to the Board of Supervisors.
Any drainage facility, street, sidewalk, pedestrian way,
tree lawn, off-street parking area, lot improvement, or other facility
for which the Township may ultimately assume the responsibility for
maintenance and operation, or which may affect an improvement for
which Township responsibility is established.
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 man-made catchment basin or engineered structure 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 detail temporary additional stormwater runoff from
the catchment area. Retention basins also may receive fresh water
from year-round streams. Unlike detention basins, retention basins
always contain water, and thus may be considered man-made lakes or
ponds.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site by water.
ON-LOT DISPOSALA sanitary sewage treatment system that involves treatment by means of a septic tank or other approved method, which is normally owned, operated, and maintained solely by the home owner, is confined to the property on which the dwelling unit exists and is approved by all regulatory agencies.
PUBLIC SEWAGE SYSTEMA sanitary sewage collection and treatment system in which sewage flows or is pumped to a central treatment facility that is owned and operated by a municipality, municipal authority, or public utility. An example of a public sewage system is the South Coatesville Sewage Treatment Authority.
COMMUNITY SEWAGE SYSTEMA sanitary sewage collection and treatment system serving one or more specific communities (i.e., developments) which is owned and operated by either a private corporation or homeowner association.
In accordance with Act 537, the Pennsylvania Sewage Facilities
Act, 35 P.S. § 750.1 et seq., the official East Fallowfield
Township Sewage Facilities Plan. The 537 Plan provides for the planning,
location, and regulation of community sewage systems, on-lot sewage
systems, and public sewage systems in the Township. The use or proposed
use of any sewage treatment facility or method not provided for in
the current plan, as revised, requires an official revision to the
Plan, which must be adopted by a resolution of the East Fallowfield
Supervisors.
A tree in a public place, street, special easement, or right-of-way
adjoining a street as provided in this chapter.
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.
Panels specifically designed for the purpose of screening
the underside of a mobile home by forming an extension of the vertical
exterior walls of the mobile home and covering the entire distance
between the bottom of the exterior walls and the ground elevation
below.
Radiant energy (direct, diffused, or reflected) received
from the sun for conversion into thermal, chemical, or electrical
energy.
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 Township.
Unique, rare, or otherwise specifically selected trees or
vegetation which most typically represents a whole class or group,
specifically in shape, form, or historical importance. It is further
provided that an applicant for subdivision or land development approval
may identify a species or type of tree qualifying as "specimen vegetation";
the Township Board of Supervisors, based upon consultation with the
Planning Commission and/or engineering or other consultants, will
consider in good faith the applicant's proposed designation of
a particular species or type of tree as qualifying for treatments
as "specimen vegetation," under the terms, requirements, and directives
of this chapter.
Water which surfaces, flows, or collects during and subsequent
to rain or snowfall.
A right-of-way intended for the general public use to provide
means of approach for vehicles and pedestrians. The word "street"
includes the words "roads," "highway," "thoroughfare," "way," and
"alley." See Appendix 22-G-7.
COLLECTOR STREETA street designed and located to provide means to move traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Township to major streets and/or a street used for access to nonresidential properties, i.e., commercial, industrial, professional, etc.
CUL-DE-SAC STREETA street closed at one end and contains adequate turnaround radius at the closed end. The 1,000 feet maximum length will be measured from the last point of singular entry from this existing public road.
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 STREET (ARTERIAL)A 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.
MARGINAL ACCESS STREETA local street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and controls intersections with major streets.
PRIVATE STREETA local street that is not offered or required to be offered for dedication.
SERVICE DRIVEA street primarily for service access to the back or sides of properties.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a single lot, tract, or parcel of land into two or more lots, tracts, or parcels of land, or the division of space into two or more units of space, for the purpose of transfer of ownership, whether immediate or future. Divisions of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted. Any subdivision of land for mortgage purposes shall comply with all of the requirements of this chapter and the Zoning Ordinance of East Fallowfield Township [Chapter 27].
MAJORAny subdivision other than a minor subdivision.
MINORA subdivision in which:
No street is to be constructed or widened.
No other improvement that requires a bond or escrow as a performance
guarantee is to be constructed.
No earthmoving activities will take place except those normal
to construction of a single-family dwelling on each lot.
No more than 10 lots are created.
Clay, sand, gravel, or other mineral earth material below
the topsoil and below most plant roots containing limited organic
functions.
Natural and friable loam containing sufficient nitrogen,
phosphorus, and potassium to support plant growth and extending in
depth to the extent of penetration of feeder roots of the prevailing
native grasses.
The Township of East Fallowfield, Chester County, Pennsylvania.
Areas, groves, or stands of mature trees (i.e., greater than
six-inch caliper, at a height of five feet from the ground) covering
an area greater than 1/4 acre; or groves of mature trees (i.e., greater
than 12-inch caliper at a height of five feet from the ground) consisting
of more than 10 individual trees.
WATER SUPPLY SYSTEM, COMMUNITYA central system for supplying safe potable water from a common source to two or more dwelling units and permitted and approved by the Chester County Health Department, DEP and other applicable agencies.
WATER SUPPLY SYSTEM, ON-SITEA system for supplying safe potable water from a single source to a single dwelling unit on the same lot and permitted and approved by the Chester County Health Department, DEP and other applicable agencies.
PUBLIC WATER SYSTEMA central system owned, operated, and maintained by a municipality, county, or other local unit of government.
PRIVATE WATER SYSTEMA central system which is owned, operated, and maintained by a private corporation or a nonprofit property owners association.
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water, whether natural or man-made.
A tree mass or plant community in which tree species are
dominant or co-dominant, the branches of the trees form a complete,
or nearly complete, aerial canopy. For the purposes of this chapter,
the extent of any woodland plant community or any part thereof shall
be measured from the outer-most drip line of all the trees in the
community. Woodland shall include any area where timber has been harvested
within the previous three years and/or woodland disturbance has occurred
within the previous three years which would have met the definition
of woodland prior to timbering or disturbance. Woodlands do not include
orchards, hedgerows, or old fields.
Any activity which alters the existing structure of a woodland
or hedgerow. Alternations include the cutting or removal of canopy
trees, subcanopy trees, understory shrubs and vines, and herbaceous
woodland floor species.
Any activity which constitutes a land disturbance (exposes soils,
alters topography) within a woodland or hedgerow.
Woodland disturbance does not include the selective cutting
or removal of invasive alien trees, shrubs, vines, or herbaceous species
including, but not limited to: Multiflora Rose (Rosa multiflora),
Autumn Olive (Eleagnus umbrella), Japanese Honeysuckle (Lonicera japonica),
Oriental Bittersweet (Celastrus orbiculatus), Norway Maple (Acer platanoides),
and Mile-a-Minute Weed (Polygonum perfoliatum).
