[Ord. 8/15/1989, § 201]
Words and phrases shall be presumed to be used in their ordinary
context unless such word or phrase is defined or interpreted differently
within this Part.
[Ord. 8/15/1989, § 202]
1.
In this chapter, when not inconsistent with the context:
[Ord. 8/15/1989, § 203;
as amended by Ord. 99-5, 11/3/1999]
The following words and phrases shall have the particular meaning
assigned by this section in the appropriate sections of this chapter:
An improved cartway designed and constructed to provide for
vehicular movement between a public street and a tract or tracts of
land containing a nonresidential use or multiple-family dwellings.
[Amended by Ord. No. 2019-01, 3/19/2019]
Any person other than the developer who, acting for the developer,
submits land development plans to the Township for the purpose of
obtaining approval thereof.
The use of land for farming, dairying, pasturage, beekeeping,
horticulture, viticulture or animal or poultry husbandry, including
the necessary accessory uses for packing treating or storing the produce
and equipment or housing and feeding the animals and/or the use of
dwellings for families headed by a full-time farm worker. Includes
land devoted to and meeting the requirements and qualifications for
payments or other compensation pursuant to a soil conservation program
under an agreement with an agency of the federal government.
See "street."
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs successors
and assigns.
The application form and all accompanying documents and exhibits
required for a preliminary or final application in accordance with
this chapter.
A tract of land which is entirely bounded by streets, public
parks, cemeteries, railroads, watercourses or any other barrier to
the continuity of development.
Any structure having a roof supported by enclosing walls
and intended for shelter or enclosure of persons, animals or property.
[Amended by Ord. No. 2019-01, 3/19/2019]
A detached, subordinate building, the use of which is customarily
incidental and subordinate to that of the principal building, which
is located on the same lot and in the same zoning district as that
occupied by the principal building. Farm buildings not intended for
habitation are considered to be accessory buildings.
[Amended by Ord. No. 2019-01, 3/19/2019]
A building which is enclosed within exterior walls or fire
walls, which is built, erected and framed of component structural
parts, which is designed for housing, shelter, enclosure and support
of individuals or property of any kind and which is a main structure
on a given lot.
The portion of a lot which is proposed to be covered by buildings.
A line within a lot, designated on a plan as the minimum
required distance between any structure and the adjacent street right-of-way
or property line.
The surface of a street, drive or alley available for vehicular
traffic, including travel lanes and parking lanes but not including
shoulders, curbs, sidewalks or swales.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
That area within a development intended for the use and enjoyment
of residents and/or the community at large, including all areas except
individual building lot areas, buildings, public rights-of-way, public
streets, common parking lots, floodplains, sewage treatment and disposal
areas, wetlands, stormwater detention/retention basins, slopes of
33% or greater and easements that prohibit buildings and that are
existing on the date the original development application is submitted.
[Amended by Ord. No. 2019-01, 3/19/2019]
The plan, or parts thereof, which have been adopted by the
Board of Supervisors showing its recommendations for such systems
as: land uses, parks and recreation facilities, water supply, sewerage
and sewage disposal, garbage disposal, transportation, highways, civic
centers and other public improvements which affect the development
of the Township.
The distance from the street line of the intersecting arterial
or collector street to the nearest edge of the radius of the driveway
or access drive.
[Added by Ord. No. 2019-01, 3/19/2019]
A lot abutting upon two streets at their intersection.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
The outside edge of the cartway.
The deliberate appropriation of land by its owner to another
party.
A written instrument whereby an estate in real property is
conveyed.
The number of dwelling units and/or lots per acre, exclusive
of street rights-of-way but including the area of any easement.
Any landowner, agent of such landowner, equitable owner,
or tenant with the permission of the landowner for whom subdivision
or land development plans are being or have been made.
Any man-made change to improved or unimproved real property,
including but not limited to the construction or placement of buildings
or other structures, mobile homes, streets and other paving, utilities,
mining, dredging, filling, excavation, drilling operations, or the
subdivision of land.
[Added by Ord. No. 2003-08, 9/16/2003]
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
The outside bark diameter of a tree at breast height which
is defined as 4.5 feet above the forest floor on the uphill side of
the tree.
[Added by Ord. No. 2019-01, 3/19/2019]
A lot which fronts upon two parallel streets or which fronts
upon two streets which do not intersect at the boundaries of a lot.
An improved cartway designed and constructed to provide vehicular
movement between a public or private road and a tract or tracts of
land serving up to three dwelling units or a farm.
[Amended by Ord. No. 2019-01, 3/19/2019]
Any container, receptacle, compactor unit, trailer, roll-off,
temporary plastic or woven bag capable of holding 500 gallons or more,
or other similar unit with or without wheels that is used for temporary
storage, containment, or transport of garbage or other discarded materials.
It shall not apply to an ordinary household trash can of a volume
less than 100 gallons, containers used for construction debris, or
trash compactor trucks operated by a licensed company.
[Added by Ord. No. 2019-04, 8/20/2019]
A right-of-way granted for limited use of private land for
a public or quasi-public purpose and within which the owner of the
property shall not have the right to make use of the land in a manner
that violates the right of the grantee.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The area inundated by the regulatory flood as described in Chapter 8, Floodplains.
The width of a lot along the street line of the street that
provides the principal access to the lot.
[Amended by Ord. No. 2019-01, 3/19/2019]
The slope expressed in a percent which indicates the rate
of change of elevation in feet per 100 feet.
That portion of a right-of-way carrying surface drainage.
Physical changes to the land (including but not limited to
grading, paving, curbs, gutters, storm sewers and drains, improvements
to existing watercourses, sidewalks, street sights, monuments, water
supply facilities and sewage disposal facilities) that may be necessary
to produce usable and desirable developments.
[Amended by Ord. 2019-01, 3/19/2019]
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.
The following shall not be considered a land development:
The conversion of an existing single-family detached dwelling
or single family semidetached dwelling into not more than three residential
units unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, 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 the proper authorities.
The legal, beneficial, equitable 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 conditions), a lessee
(if he is authorized under the lease to exercise the rights of the
landowner), or any other person having a proprietary interest in land,
shall be deemed to be a landowner for the purposes of this chapter.
[Amended by Ord. 2019-01, 3/19/2019]
A utility line between a trunk or interceptor line that is
located within a utility easement and the single building which the
line serves.
A parcel of land separately described by a metes and bounds
description which is recorded in the office of the Recorder of Deeds
of Chester County by deed description or is described by an approved
subdivision plan recorded in the Office of the Recorder of Deeds of
Chester County.
[Amended by Ord. No. 2019-01, 3/19/2019]
The area contained within the property lines of an individual
lot, excluding any area within a street right-of-way but including
the area of any easement.
A percentage of the lot area which may be covered by impervious
surfaces such as, but not limited to, buildings, parking areas, driveways,
sidewalks, etc.
The horizontal distance measured between the street right-of-way
and the closest rear property line. On corner and reverse frontage
lots, the depth shall be measured from the street right-of-way line
of the street of address to the directly opposite property line.
The shortest horizontal distance measured between side property
lines, parallel to the street line, at the building setback line.
On corner lots, lot width shall be measured between the right-of-way
line for the nonaddress street and the directly opposite property
line.
[Amended by Ord. No. 2019-01, 3/19/2019]
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations
and constructed so that it may be used without a permanent foundation.
[Amended by Ord. No. 2019-01, 3/19/2019]
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.
[Amended by Ord. No. 2019-01, 3/19/2019]
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
[Amended by Ord. No. 2019-01, 3/19/2019]
A building providing separate living quarters for three or
more families.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."[1]
A lot that is adjacent to the roadway that interrupts the
frontage of another lot.
[Added by Ord. No. 2019-01, 3/19/2019]
A right-of-way, municipally or privately owned, at least
10 feet wide which cuts across a block to furnish access for pedestrians
to adjacent streets or properties.
The map representing a tract of land including all supplementary data specified in Part 4 of this chapter. The following are the types of plans specified by this chapter:
AS-BUILTA corrected final plan, showing dimensions and locations of all streets and other public improvements as actually constructed.
FINAL PLANA complete and exact subdivision and/or land development plan prepared for official recording as required by statute to define property rights, propose streets and other public improvements.
PRELIMINARY PLANA complete and exact subdivision and/or land development plan, the purpose of which is to authorize the construction of public improvements and the preparation of final plans.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings with the general layout of a proposal for consideration prior to the formal submission of a plan.
Includes:
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
[Amended by Ord. No. 2019-01, 3/19/2019]
Any improvement facility or service together with its associated
public site or right-of-way necessary to provide transportation, drainage,
public or private utilities, energy or similar essential services.
A forum held pursuant to notice under the Act of June 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.[2]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A lot extending between and having frontage on a minor street
and either an arterial street or collector street with vehicular access
solely from the minor street.
Land opened for use as a street, alley, crosswalk, utilities
or other public or private use.
The portion of a street right-of-way which is paved, improved,
designated or intended for vehicular traffic. Sometimes referred to
as "cartway."
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation consisting of two staggered rows of evergreen trees, each a minimum of eight feet in height, conforming to § 27-314, Subsection 4, of Chapter 27, Zoning, as amended, spaced at intervals of 10 feet.
[Amended by Ord. No. 2003-08, 9/16/2003]
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other dedicated and adopted
public right-of-way or private right-of-way used or intended to be
used by vehicular traffic and/or pedestrians. Streets are further
classified as follows:
[Amended by Ord. No. 2019-01, 3/19/2019]
ARTERIAL STREETA street which provides for intercommunity travel connecting population centers and carrying large volumes of traffic at speeds higher than desirable on other types of streets. Existing arterial streets are established by resolution of the Township Board of Supervisors. A list of existing arterial streets is available at the Township Building.
COLLECTOR STREETA street, including streets into and/or through developments, which: (1) is characterized by full land access and/or neighborhood penetration, or which serves traffic generators such as local elementary schools, industrial plants, offices, commercial facilities and warehouses not served by arterial streets; or (2) serves any nonresidential use(s) which generate(s) 100 or more vehicle trips per day separately or totally; or (3) serves any residential development use which exceeds 30 lots or dwelling units in whole or in part. Existing collector streets are established by resolution of the Township Board of Supervisors. A list of existing collector streets is available at the Township Building.
[Amended by Ord. No. 2003-08, 9/16/2003]
CUL-DE-SACA street with a single common ingress and egress with a turnaround at the end.
MARGINAL ACCESS STREETA street, one side of which is parallel and in close proximity to a major street and the other side of which provides access to abutting properties.
MINOR STREETA street which is used primarily to provide access to abutting properties which are lesser traffic generators than those described for collector streets.
[Amended by Ord. No. 2003-08, 9/16/2003]
SERVICE STREET or ALLEYA minor right-of-way on which no property fronts which provides the secondary means of access for two or more properties.
The elevation of a street along the center line of the existing
or proposed cartway.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way currently in existence. However,
where a future right-of-way width for a Township-owned road or street
has been established by the Valley Township Comprehensive Plan, then
that width shall determine the location of the street line.
A street not offered for dedication or which dedication was
not accepted by the Township.
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,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
[Amended by Ord. No. 2019-01, 3/19/2019]
Where in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
of those improvements required as a condition for final approval have
been completed in accordance with the approved plan, so that the project
will be able to be used, occupied or operated for its intended use.
A surveyor registered in the Commonwealth of Pennsylvania.
A wide shallow ditch which gathers or carries surface water.
Valley Township, Chester County, Pennsylvania.
Land in parcels sufficiently large for further land development
which is presently in agriculture, woodland or lying fallow.
A process for alleviating specific requirements imposed by this chapter and provided under § 22-803.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Township.
A permanent or intermittent stream, river, brook, creek,
channel or swale, whether natural or man-made, for gathering or carrying
surface water.
The prevailing Zoning Ordinance [Chapter 27], as amended, for Valley Township.
