A.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
below:
(1)
Words in the singular shall include the plural, and those in
the plural shall include the singular.
(2)
Words in the present tense shall include all other tenses.
(3)
The masculine gender shall include the feminine and neuter.
(4)
The word "used" shall include the words "designed" or "arranged."
(5)
The words "person," "developer," and "owner" shall include an
individual, corporation, unincorporated association, partnership,
estate, trust, fiduciary, or other legal entity including the principal
officers thereof or any person or entity acting directly or indirectly
by, through, or under any of the foregoing.
(6)
The word "building" shall include "structure" and shall be construed
to be followed by the phrase "or part thereof."
(7)
The word "occupied" shall include the words "intended to be
occupied."
(8)
The words "should" and "may" are permissive.
(9)
The words "shall" and "will" are mandatory and directive.
(10)
The words "as amended" as applied to any statute, ordinance,
code, regulation, plan, or map includes replacements, supplements,
or restatements thereof.
(11)
Reference to a particular article, section, or subsection inherently
refers to other articles, sections, or subsections.
B.
The terms "such as" and "including" are intended to introduce matters
which are illustrative of the meaning of the sentence, clause, or
phrase in which such terms appear without limiting or taking away
from the sense of the sentence, clause, or phrase in which such terms
appear.
For the purposes of this chapter, the following words, terms,
and phrases shall have the meanings indicated herein:
An added street lane that permits integration and merging
of slower moving vehicles into lanes of the main vehicular flow.
A way or means of approach to provide physical ingress to
and egress from a parcel, tract, or lot.
A building or structure subordinate to the principal permitted
building on a lot and used for purposes customarily incidental to
those of such principal building.
A drive, driveway, aisle, private street, sidewalk, walkway,
or other pavement that connects parking areas, buildings, and other
structures to a street or highway.
The plan for managing stormwater runoff in a respective watershed
as required by the Act of October 4, 1978, P.L. 864, (Act 167).
A County of Delaware form that is to be used to provide information
that aids in the review of a subdivision and/or land development plan
and for general administrative purposes.
Any person or entity other than the landowner or developer
who, acting upon written authority of the landowner or developer,
files subdivision and/or land development application packets with
the municipality for the purpose of obtaining approval thereof.
An accessway within a parking area or parking lot that provides
space for the maneuvering of vehicles.
A paved lane that provides secondary service access for vehicles
to the side or rear of abutting properties.
Choices between or among two or more plans, layouts, approaches,
solutions, and/or results.
A landowner or developer who has filed a complete application
for subdivision and/or land development, including heirs, successors,
assigns, and grantees.
Includes the required number of plans with all other plan requirements, a fully completed County Application for Act 247 Review Form, a completed subdivision and/or land development checklist, and payment of fees in accordance with the fee schedules adopted by the municipality and § 195-1201 of this chapter.
A person licensed to practice architecture in the Commonwealth
of Pennsylvania.
A street connecting to major traffic generators and 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 (PennDOT).
A plan prepared by a licensed surveyor or engineer per state
registration law showing dimensions and locations of all improvements
as actually constructed.
See "metes and bounds."
A mark on a fixed and enduring object (as a concrete post
set into the ground) indicating a particular elevation and used as
a reference in topographical surveys.
A raised earth mound of sufficient height that constitutes
an effective screen and gives maximum protection and immediate visual
screening. The maximum slope on any berm shall not exceed 30% in grade.
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Property bounded on one side by a street and on the other
three sides, by a street, railroad right-of-way, waterway, unsubdivided
area, or other definite boundary.
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A line bounding a lot or tract as shown on the officially
filed plan.
An area adjacent to a property boundary that is landscaped
and maintained for a width as required in the municipal zoning ordinance
and this chapter. Buffers serve to separate the uses of land and eases
the transition between them.
The area of a lot remaining after the minimum yard and setback
requirements of the municipal zoning ordinance have been met, within
which a principal permitted building shall be located. Such setback
requirements include yard setbacks and setbacks from regulated floodplain
areas and such features as steep slopes, very steep slopes, and easements.
Where a buildable area is shown on a plan as extending into an area
subject to flooding or any other area that may involve a conditional
use or special exception, those portions of the buildable area extending
into any such area shall be delineated, depicted, and otherwise noted
on all plans in an accurate and conspicuous manner to disclose the
specific uses which may occur in such areas.
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 construction of buildings or other structures or making any
construction improvements on any parcel of land.
Any structure that is built for the support, shelter, or
enclosure of persons, animals, or property of any kind.
The aggregate of the maximum horizontal cross-sectional areas
of the buildings on a lot, excluding cornices, eaves, gutters, or
chimneys projecting not more than 18 inches, bay windows not extending
through more than one-story and not projecting more than five feet,
one-story open porches projecting not more than 10 feet, steps, and
balconies.
A document issued by the municipality granting permission
for the construction, repair, alteration of, or addition to a structure.
For the purpose of determining the minimum width of a lot,
building setback line shall mean the line parallel to the edge of
the right-of-way, and at a distance therefrom at least equal to the
depth of the front yard required for the zoning district in which
the lot is located.
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An instrument utilized for obtaining outside measurements
of trees. For measuring trees, the caliper measurement shall be taken
at a point on the trunk 36 inches above the natural ground line.
Sanitary sewage facilities that are installed and capped
where existing sanitary sewage facilities are not accessible and available,
but may be proposed for connection at a later date in the Official
Sewage Facilities Plan of the municipality. Such facilities shall
include sanitary sewers, force mains, pumping stations, and all other
appurtenances necessary to serve the entire subdivision and/or land
development.
That area of a street where vehicles are permitted including
travel lanes, but not including shoulders, curbs, gutters, or pedestrian
spaces.
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A line equidistant from and parallel to the street, right-of-way,
or property lines on each side of the street.
A statement signed by the municipality, setting forth that
a building, structure, or use legally complies with the municipal
zoning ordinance and other applicable codes and regulations and that
the same may be used for the purposes stated therein.
An area that conveys the normal continuous or intermittent
flow of water.
Forms included in the appendices of this chapter that are
to be used to provide information relative to the completeness of
the subdivision and/or land development plan application packet.
For local streets, the longest line of unobstructed vision along
a street cartway from a point 3 1/2 feet above the centerline
of the street to the top of an object six inches high on the same
centerline.
For all other streets, the longest line of unobstructed vision
along a street cartway from a point 3 1/2 feet above the centerline
to an object 4 1/4 inches above the pavement.
The American Association of State Highway Officials' (AASHTO)
publication entitled A Policy on Geometric Design of Highways and
Streets, latest edition, shall govern all sight distance situations,
unless the municipality requires more stringent control to improve
known or potentially hazardous conditions.
An area of unobstructed vision at a street intersection defined
by lines of sight between points at a given distance from the intersection
of the street centerlines.
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A street which, in addition to providing access to abutting
properties, intersects local streets to provide a route giving access
to other collector and arterial streets. Streets in nonresidential
subdivisions and/or land developments shall generally be considered
collector streets.
A parcel of land or an area of water or a combination of
both within a tract that is designed and intended for the use or enjoyment
of residents of a development, not including streets, off-street parking
areas, and areas set aside for public facilities.
The services that provide for various community health, education,
safety, leisure, and related needs and the locations at which these
services are provided.
The person who owns or has charge, care, or control of the
mobile home park or homeowners' association.
A sewage facility, whether publicly or privately owned, for
the collection of sewage from two or more lots, or two or more equivalent
dwelling units and the treatment or disposal, or both, of the sewage
on one or more of the lots or at another site.
A system for supplying water from a common source to two
or more dwellings and/or other buildings, generally serving a single
land development, subdivision, or neighborhood and operated by a private
utility or developer.
Multifamily and cluster subdivision and/or land developments
whereby the buildings on a tract, attached or detached, are grouped
closely together and set off from similar groups by intervening space
held in common ownership or by the public.
The requisite number of plans, all supplementary information, data, and documents, together with a completed and signed application form provided by the municipality and the appropriate filing fees, as required by Article XII of this chapter.
A policy to ensure that the entire right-of-way is routinely
designed and operated to enable safe access for all users. Pedestrians,
bicyclists, motorists and transit riders of all ages and abilities
can safely move along and across a complete street.
The financial security that may be accepted by the municipality
as a guaranty that improvements required as part of a final subdivision
and/or land development plan are completed to the satisfaction of
the municipality.
The maps, charts, and textual matter adopted by the municipality in accordance with Article III of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
A use permitted in a particular zoning district pursuant to the provisions of Article VI of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
An estate in real property consisting of the all of the following
characteristics:
Individual ownership of units (the interior and associated exterior
areas designated for private use in a land development plan);
Undivided, common interest in all or a portion of the exterior
open space and any community interior spaces in accordance with the
Pennsylvania Uniform Condominium Act, as amended, and with the provisions
for open space, streets, or other development features in the municipal
zoning ordinance and this chapter.
Any disturbance of the land or the erection of structures
thereon, including the cutting of trees or clearing of brush. However,
staking or clearing for survey lines or performing engineering or
other scientific tests to obtain data shall not be deemed as construction.
The owner of record of a lot that is contiguous at any point
to the lot in question or that is contiguous to that section of street
on which the subject lot has frontage.
A visually impenetrable screen created through the effective
use of plant materials, fencing, walls, and/or earthen berms.
An invisible line on the surface of the earth along which
all points are at the same elevation above sea level.
A publicly or privately owned right-of-way for pedestrian
use that crosses areas paved for motor vehicle use.
A single access street intersecting a through street at one
end and terminating in a permanent vehicular turnaround at the other
end.
A stone or concrete boundary marking the edge of the cartway
or paved area.
The date on which a complete application packet for subdivision
and/or land development has been submitted and officially accepted
by the municipality.
A reference point from which elevations are measured. The
standard datum is sea level as established by the United States Geological
Survey (USGS).
An added roadway lane that permits vehicles to slow down
and leave the main vehicular flow.
A gift or other donation of property by the owner thereof
to the municipality or other entity.
A legal document conveying an estate or other right, title,
or interest in property.
The number of units per acre of gross area.
An impoundment designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate. Detention basins are designed to drain completely soon after
a rainfall event and become dry until the next rainfall event.
Any landowner, equitable owner, authorized agent of such
landowner, or tenant with permission of such landowner who makes or
causes to be made a subdivision and/or land development application.
A small drainage channel.
A lot extending between and having frontage on two generally
parallel streets (excluding corner lots). Also known as reverse frontage.
A system for conveying stormwater runoff, surface water,
or groundwater from the land by facilities or structures which serve
to control or otherwise manage runoff and minimize sedimentation and
soil erosion during and after construction or development.
A right granted by a landowner to a grantee allowing the
use of private land for stormwater management purposes.
A plan for controlling surface water runoff on a given development
site so that it will preclude erosion or flooding and/or the adverse
effects of impervious areas on surface water runoff as required by
the municipal ordinances, codes, regulations, and maps. See "stormwater
management site plan."
Any watercourse or trench, ditch, swale, gutter, piped flow,
or other similar depression or structure in which water flows in a
definite direction, either continuously or intermittently, and has
a definite channel, bed, and banks and includes any area adjacent
thereto subject to inundation by reason of overflow.
A gravel or paved surface on a lot that provides access for
vehicles to a parking space, garage, dwelling, or other structure
from a street.
A building designed for and occupied exclusively for residential
purposes, including a mobile home.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A right, privilege, or other interest granted or reserved
for the use of land for a particular purpose; the land to which such
right or privilege pertains.
An exit.
A person registered by the Commonwealth of Pennsylvania to
practice professional engineering.
The removal of surface materials by the action of natural
elements.
The removal or recovery of soil, rock, minerals, mineral
substances, or organic substances other than vegetation from water
or land or beneath the surface thereof, whether exposed or submerged.
The elevation, relative to a given datum, of the ground surface
prior to any excavation, cut, or fill.
A vertical structure or enclosure designed as a barrier and
erected as a freestanding unit.
The complete submission of a subdivision and/or land development
plan application packet with the proper forms, plans, documents, and
other submissions and fees, as required by this chapter, according
to the timetable set forth herein.
A material such as sand, gravel, earth, and other suitable and
approved composition.
Any act by which earth, sand, gravel, rock, or any other material
is placed, pushed, dumped, pulled, transported, or moved to a new
location above the natural surface of the ground or on top of a stripped
or otherwise cut surface.
The elevation, relative to a given datum, of the ground surface
after completion of any excavation, cut, or fill.
A lot which has street frontage connected to the major portion
of the lot by means of a narrow strip of land. A lot whose configuration
resembles a flag and a connecting pole or post.
The general and temporary inundation or partial and complete
inundation of normally dry land areas from the overflow of streams,
rivers, watercourses, or other inland water from any source.
The area as described in the municipal zoning ordinance and
delineated based upon a Federal Emergency Management Agency's
Flood Insurance Rate Map.
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A general or temporary condition of partial or complete inundation
of areas from the overflow of inland waters and/or the unusual and
rapid accumulation of water on or under the ground.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude.
The line separating the lot from the street right-of-way.
The length of any one property line of a lot that abuts a
street line, ordinarily regarded as the front of the lot. For the
purposes of determining yard requirements on corner lots, all sides
of a lot adjacent to streets shall be considered front lot lines and
shall be subject to the applicable yard requirements.
The changing of the surface of the ground by cutting, filling,
or excavation, including land in its cut or filled condition.
The acreage of a lot within the boundary lines.
The replenishment of geologic structures and rock or soil
interstices that have the capacity to store water or permit the transfer
of water to a geologic storage area.
That portion within a street right-of-way designed for surface
drainage.
All buildings, sites, structures, objects, and districts
identified in the County historic and archaeological resources maps/surveys
or any other official federal, state, county, or local inventory.
A geometric design feature of a roadway – provides
a smooth change in direction to the left or right.
The power of an event to produce changes in a condition.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces include, but are not limited to, streets,
sidewalks, pavements, driveway areas, or roofs. Any surface areas
designed to be gravel or crushed stone shall be regarded as impervious
surfaces.
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A list of improvements approved by the municipality that
the applicant agrees to install as a prerequisite to final plan approval.
The basic installations and facilities on which the continuance
and growth of a community depend, such as streets, sewers, electrical
transmission facilities, transportation, and communication systems.
An entrance.
See "flag lot."
The lowest visible surface of a drainage conduit or channel.
Natural or artificial bodies of water that retain water year
round. Artificial ponds may be created by dams or result from excavation.
Lakes are bodies of water of two or more acres. Ponds are any water
body less than two acres. The shoreline of such water bodies shall
be measured from the spillway crest elevation rather than the permanent
pool, if there is a difference.
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.
Land developments do not include:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units.
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 that would be considered an amusement park.
For this purpose, an amusement park is defined as a tract or area
used principally as a location for permanent amusement structures
or rides. This exclusion shall not apply to newly acquired acreage
by an amusement park until initial plans for the expanded area have
been approved by proper authorities.
A design professional who is recognized as a certified planner
by the American Planning Association.
The use to which land is used, arranged, and the like. Use
is typically expressed in terms of the type of activity or development
that exists, such as agricultural, residential, municipal, and the
like.
The legal or beneficial owner of land including the holder
of an option or contract to purchase (whether or not such option or
contract is subject to any condition) or 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 that is the subject of an application
for subdivision and/or land development.
A design professional registered by the Commonwealth of Pennsylvania
to practice landscape architecture.
Any combination of hedges, walls, trees, or earth berms arranged
so as to create a continuous visual barrier.
That portion of a tract or lot in which plantings have been installed in accordance with the landscaping requirements of Article VIII of this chapter. The landscaped area includes the buffer planting strip, as well as plantings which serve a functional and/or aesthetic purpose when located around and between buildings, streets, parking areas, pedestrian spaces, walkways, sitting areas, service or maintenance structures, courtyards, and the like.
A space accessible from a street for the temporary use of
vehicles while loading or unloading merchandise or materials.
A street used primarily to provide access to abutting properties.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law to be used, developed, or
built upon.
The area enclosed by the boundary lines of a lot, as herein
defined, exclusive of:
Rights-of-way of dedicated streets.
Fire lanes.
Rights-of-way or easements proposed for dedication.
Utility easements and other underground lines beyond those directly
servicing the lot, except for sewer authority easements that may be
included in the computation of lot area.
Stormwater management basins.
Any land within a floodway.
Any wetlands.
Any slope in excess of 25%.
The proportion of the lot area (expressed as a percent) that
is covered by the maximum horizontal cross-section of a building or
buildings.
A legally recorded property boundary line. In the case of
any lot abutting a street, the lot line for the portion of the lot
abutting the street shall be deemed to be the same as the street line
and shall not be the centerline of the street or any other line within
the street.
The distance measured between the side lot lines at the required
building setback line. When there is only one side lot line, as in
the case of two-family or single-family attached dwellings, the lot
width shall be measured between the side lot line and the centerline
of the party wall of the end dwelling unit. In the case of a corner
lot, the lot width shall be measured between the side lot line and
the front lot line opposite it.
The financial security that may be accepted by the municipality
as a guaranty that improvements required as part of an application
for subdivision and/or land development will be in first-class condition,
state of repair, and working order for a specific period of time.
Such financial security shall be similar to that accepted for a completion
guaranty.
The division or reverse subdivision of a lot, tract, or parcel
of land by any means into five or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purposes of lease, transfer of ownership, or building or lot development.
The division of land for agricultural purposes into parcels of more
than 10 acres not involving any new street shall not be considered
a major subdivision.
As defined by the Department of Housing and Urban Development
Code, is a structure built from 1983 to the present that is transportable
in one or more sections, which in traveling mode is eight feet or
more in width or 40 feet or more in length, or when erected on a lot,
is 320 or more square feet and is built on a permanent chassis and
designed to be used as a dwelling unit with or without a permanent
foundation when connected to the required utilities.
A method of describing the boundaries of land by directions
or bearings and distances from a known point of reference, including
the content of the land and each lot, in square feet and acres and
fractions thereof.
The division or reverse subdivision of land, as described
hereinbefore, from two to four lots, tracts, or parcels not involving
any new street. The division of land for agricultural purposes into
parcels of more than 10 acres shall not be considered a minor subdivision.
The act of precluding a potentially adverse effect and/or
making a potentially adverse effect less severe through measures that
will improve a condition and/or lessen the impact.
A manufactured home that was built prior to 1983, defined
as a transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or more units designed to be joined
into one integral unit capable of again being separated for repeated
towing, which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations and is
constructed so that it may be used without a permanent foundation.
This designation identifies all manufactured homes built before the
enactment of the Department of Housing and Urban Development Code.
A parcel or contiguous parcels of land that are designated
and improved with two or more mobile home lots for the placement thereon
of mobile homes.
That part of an individual lot that has been reserved and
prepared for the placement of the mobile home, including the paved
portion of any outdoor living area.
A waiver from this chapter's requirements.
Structures that mark and identify lot lines and street lines or corners of lots and streets in accordance with § 195-802 of this chapter.
The official federal list of districts, sites, buildings,
structures, and objects significant in American history, architecture,
engineering, or culture as authorized by the National Historic Preservation
Act of 1966, as amended.
See "lot area."
Trees of a twelve-inch caliper or greater.
A map showing desired future public facilities adopted by ordinance pursuant to Article IV of the Municipalities Planning Code, Act 247, as amended.
A plan adopted by the municipality and approved by the Pennsylvania
Department of Environmental Protection (PADEP) that sets forth recommendations
for the provision of adequate sewage systems within the municipality
in accordance with the Pennsylvania Sewage Facilities Act, Act 537,
as amended.
Any plan that has been accepted for processing by the municipality.
This means that the plan application packet must be recognized by
the municipality as satisfactorily meeting the requirements of the
appropriate checklist.
A single system of piping, septic tanks, or other facilities
serving a single lot that collects and disposes of sewage into the
soil on the lot where such system is used through septic tank filter
fields and in compliance with the prevailing federal, state, county,
and municipal regulations.
An individual well and/or water distribution system supplying
water to a single dwelling or on a lot occupied or to be occupied
by another permitted building from a source located on the same lot
and in compliance with the prevailing federal, state, county, and
municipal regulations.
(100-year flood), also known as the base flood, is the flood
that has a one-percent chance of being equaled or exceeded in any
given year.
A parcel of land, an area of water, or a combination of both
within a development not including streets, off-street parking areas,
private yard space, and areas set aside for nonresidential and public
facilities. Common or public open space shall be substantially free
of structures but may contain such improvements as are appropriate
for recreational use.
A reasonably level space available for the temporary parking
of one motor vehicle, exclusive of passageways, driveways, or other
means of circulation or access. A parking space shall include either
covered garage spaces or uncovered parking lot space located off of
the street right-of-way.
An improved or unimproved area reserved for foot traffic.
Pennsylvania Act 247 of 1968, P.L. 805,[1] as amended.
A section or sections for which an applicant proposes to
commence development at the same time, as part of a timetable for
development of any development over a period of years.
A draft, diagram, drawing, or set thereof showing the present and proposed physical features of and improvements to land and the proposed development thereto; see also Article III of this chapter for classification and requirements of plans. The term "plan" includes profiles, cross-sections, and the like.
An area of land controlled by a landowner to be developed
as a single entity for a number of dwelling units or a combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage, and required open space to the regulations
established in the municipal zoning ordinance.
Trees, shrubs, and ground covers that are installed and maintained in accordance with a landscaping plan as set forth in § 195-817 of this chapter.
The map or plan of a subdivision or land development.
A subdivision and/or land development plan filed as a basis for consideration and approval prior to preparation of a final plan, depicting all features required in Article V and Article VII of this chapter, including an improvements construction plan, conservation plan, and all other plans, documents, and submissions required therein.
A street designed to public street standards, but not offered
or required to be offered for dedication or duly accepted by the municipality
as a public street.
The elevation, relative to a given datum, of the ground surface
proposed to be achieved by excavation, cut, or fill.
Includes publicly owned and operated facilities such as parks,
playgrounds, trails, paths, and other recreational areas, public areas,
sites for schools, sewage treatment, refuse disposal, scenic sites,
and historic sites.
A formal meeting held pursuant to the Pennsylvania Municipalities
Planning Code's public notice requirements by the municipality,
intended to inform and obtain public comment prior to taking action
in accordance with the provisions of this chapter.
A notice, as defined by the Pennsylvania Municipalities Planning
Code, as amended, that is 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 be not more than 30 days and the second publication shall be
not less than seven days from the date of the hearing.
Any street, avenue, boulevard, highway, sidewalk, alley,
or similar place that is owned or controlled by a governmental entity.
Any system other than an on-lot sewage disposal system which
is administered and operated by a governmental agency, authority,
or commission for the collection, conveyance, treatment, and disposal
of wastes from customers in compliance with prevailing federal, state,
county, and municipal regulations.
Any system for water distribution and water supply, other
than an on-lot water supply system, which is owned, administered,
and operated by an organization that is regulated by a governmental
agency, authority, or commission.
The copy of the final subdivision and/or land development
plan that contains the original endorsement of the municipality and
evidence of review by the Delaware County Planning Commission (DCPC)
and is intended to be recorded with the Delaware County Recorder of
Deeds. The record plan contains only that part of the information
presented on final subdivision and/or land development plans that
is required by the County Recorder of Deeds for the purposes of recording.
Such plans shall be of mylar or linen and shall not exceed 30 inches
by 42 inches; however, the Office of Recorder of Deeds of Delaware
County prefers 24-inch-by-36-inch prints.
The further division of lots or the relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded or the alteration of any streets or the establishment
of any new streets within any such subdivision.
A limitation on property that may be created in a deed, lease,
or mortgage through zoning, subdivision, or other municipal codes,
ordinances, regulations, plans, or maps, or conditions of approval
of a subdivision and/or land development plan.
An impoundment in which stormwater is stored and not released
during the storm event. Retention basins are designed for infiltration
purposes and do not have an outlet.
A use for an existing building or parcel or lot of land other
than the use for which it was originally intended or made.
The consolidation of two or more previously subdivided lots
into a smaller number of lots.
An examination of the sketch, preliminary, or final plan
by the municipality and/or County to determine compliance with this
chapter and all other municipal ordinances, codes, regulations, plans,
or maps.
A strip of land granted or reserved for public or private
use.
An area of land adjacent to a stream and managed to maintain
the integrity of stream channels and shorelines to reduce the impact
of upland sources of pollution by trapping, filtering, and converting
sediments, nutrients, and other chemicals, and supply food, cover
and thermal protection to fish and other wildlife. (Refer to Appendix
H of the Pennsylvania Handbook of Best Management Practices for Developing
Areas).
A measure of the vertical curve of the roadway at the bottom
portion of the curve.
Any liquid waste containing animal or vegetable matter in
suspension or solution, or the water-carried waste resulting from
the discharge of toilets, laundry tubs, washing machines, sinks, bathtubs,
showers, dishwashers, or any other source of water-carried waste of
human origin.
A pipe that conveys sanitary sewage.
The relationship between distances on a map and the actual
ground distances.
The plantings that are used in a buffer planting strip or
other landscaping arrangement to create a continuous visual buffer.
The use of plant materials, fencing, walls, and/or earthen
berms or combinations thereof to aid in the concealment of such features
as parking areas and vehicles within them and to provide privacy between
two or more different land uses or activities. A visual, sound, and/or
other barrier.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
water.
The process by which mineral or organic matter is accumulated
or deposited by wind, water, or gravity.
A watertight receptacle that receives the discharge of sewage
from a building, sewer, or part thereof and is designed and constructed
so as to permit settling of solids from this liquid, digestion of
the organic matter, and discharge of the liquid portion into a disposal
area.
A system of open-jointed pipes intended to distribute septic
tank effluent into the ground for absorption and evaporation.
All effluent carried by sewers, whether it is sanitary sewage,
residential, commercial, institutional, or industrial wastes.
The official of the local agency who issues and reviews sewer
permit applications and conducts such investigations and inspections
as are necessary to implement the rules and regulations of the Pennsylvania
Sewage Facilities Act, Act 537, as amended.
The entire system of sewage collection, conveyance, treatment,
and disposal.
A woody plant, usually deciduous, which normally grows with
one main trunk and has a canopy that screens and filters the sun.
A commonly shared or used gravel or paved way on a lot which
provides access for vehicles to a maximum of two dwellings or other
structures from a street.
A paved, surfaced, or leveled area paralleling and separated
from the cartway of the street used as a pedestrian walkway within
a pedestrian space.
A visual communication that is used for the purpose of bringing
the subject thereof to the attention of others. Signs include letters,
numbers, symbols, trademarks, illustrations, or designs as they may
appear on billboards, banners, storefronts, marquees, canopies, poles,
and other stationary locations on or off the premises of the activity
to which the message pertains.
An interior street, including but not limited to cul-de-sac
and loop designs, which is designed to provide only one point of intersection
with an existing through street.
A tract or parcel of land or combination of contiguous lots
on a tract that form an area for a development project.
A schematic plan, not necessarily to exact scale, indicating
topographic, vegetative, and other salient existing features of a
tract, tract surroundings, and the general layout of the proposed
subdivision and/or land development in sufficient detail to allow
for disclosure of all significant review matters prior to the filing
of a preliminary subdivision and/or land development application packet.
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.
The face of an embankment or cut section or any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed as a percentage, based upon vertical difference in feet
per 100 feet of horizontal distance.
The detachment and movement of soil or rock fragments or
the wearing away of the land surface by water, wind, and ice.
A plan and related narrative report required in accordance with Article VIII of this chapter.
A field test, accordance with criteria of PADEP and the municipal
Sewage Facilities Plan, conducted to determine the suitability of
the soil for on-site sewage disposal facilities and infiltration structures
by measuring the absorptive capacity of the soil at a given location
and depth.
A brief description of the proposed land development explaining
in very general and concise terms everything that, according to the
applicant's view, may be of importance for a site plan review.
The purpose of this statement is to facilitate the review task by
providing the reviewer with a departure point, a context that may
enable him to place the factual information otherwise stated on plans
in a proper perspective.
Those areas of land that are characterized by a change in
elevation of 15% or more but not exceeding 25% over the specified
distance or contour.
A sewer that carries stormwater, surface water, and groundwater
drainage but excludes sewage and residential, commercial, and industrial
wastes.
Drainage runoff from the surface of the land resulting from
precipitation, snow, or ice melt.
The plan prepared by the applicant or his representative
indicating how stormwater runoff will be managed at the particular
site of interest according to this chapter, and including all necessary
design drawings, calculations, supporting text, and documentation
to demonstrate that Ordinance requirements have been met.
Any perennial current or flow of water, especially running
along the surface of the earth.
Includes any avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct, and any other ways used or intended to be used
by vehicular traffic or pedestrians.
The dividing line between a lot and the outside boundary
or right-of-way line of a street, road, or highway legally open or
officially platted.
A shade tree within a street right-of-way in accordance with Article VIII of this chapter.
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 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 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 to any residential dwelling shall be
exempted.
A sketch, preliminary, or final plan proposal for land development
or planned residential developments including a subdivision plan,
locations and intensity of various uses, locations and bulk of their
related structures, all covenants, grants of easement, and other conditions
relating to use or density of development.
A person registered by the Commonwealth of Pennsylvania to
practice surveying.
An elongated depression in the ground that collects and channels
surface water runoff.
The form of occupancy of a unit, i.e., fee simple, rental,
condominium, cooperative, etc.
Any device designed for the purpose of anchoring a mobile
home to ground anchors.
A system of open, jointed, or perforated pipes laid in the
upper strata of the soil to distribute sewage effluent into the soil
for absorption.
Soil material containing organic matter that is normally
characterized as the "A horizon" in a soil profile.
An area, lot, parcel, site, or property that is the subject
of a subdivision and/or land development application packet.
A linear route used for nonmotorized recreation or transportation
purposes, such as walking, jogging, hiking, bicycling or horseback
riding. Depending on their intended use, trails may be paved or unpaved.
A natural contiguous grouping of trees.
The specific purpose for which land or a building is proposed
to be subdivided and/or developed or is otherwise designed, arranged,
intended, or for which it is proposed or may be occupied or maintained.
Facilities such as sewers, water mains, fire hydrants, streetlights,
and other facilities of the same general character.
Installations of a community that pertain to their consumption
and emission characteristics, including facilities such as those used
for water supply, sewage disposal, refuse disposal, storm drainage,
communications, and electrical transmission.
A geometric design feature of a roadway – provides
a smooth transition between an ascending grade and descending grade,
or visa-versa. A crest vertical curve begins with an ascending grade
and ends with a descending grade. A sag vertical curve begins with
a descending grade and ends with an ascending grade.
The area of land that is characterized by a change in elevation
of 25% or more over the specified distance or contour.
A thoroughfare for pedestrian travel.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Areas with hydric soils that are inundated or saturated by
surface and/or ground water that support hydrophytic vegetation, such
as swamps, bogs, marshes, and the like, such areas being regulated
by the United States Army Corps of Engineers and/or PADEP.
The transitional area extending outward from the edge of
the wetlands. The wetlands margin shall extend 100 feet from the wetland
boundary or to the limit of the hydric soils, whichever is greater.
Those areas of extensive vegetation in which the dominant
plants are trees that are indigenous to the area.
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Words not defined above shall have the meaning given in the
Pennsylvania Municipalities Planning Code,[2] the municipal zoning ordinance, other municipal codes,
applicable federal and state regulations, and, if not defined in the
aforementioned documents, the most recent edition of Webster's
Unabridged Dictionary.
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