Section 375-69 clarifies this chapter of the Borough Code by defining terms used within and in relationship to this subdivision and land development ordinance.
A.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning indicated:
(1)
Words in the singular include the plural and those in the plural include the singular.
(2)
Words used in the present tense include the future tense.
(3)
Words "person," "applicant," and "owner" include a corporation, incorporated association and a partnership, or other legal entity, as well as an individual.
(4)
The word "building" includes structures and shall be constructed as if followed by the phrase "or part thereof."
(5)
The word "watercourse" includes channel, creek, ditch, dry run, spring, stream and river.
(6)
The words "should" and "may" are permissive; the words "shall" and "will" are mandatory and directive.
B. APPLICANT BLOCK BUILDING(1) (2) (3) BUILDING SETBACK LINE CARTWAY CLEAR SIGHT TRIANGLE COMMISSION COUNTY COUNTY PLANNING COMMISSION CROSSWALK DEVELOPER DEVELOPMENT PLAN DWELLING UNIT EASEMENT ENDORSEMENT ENGINEER GRADE IMPROVEMENTS LAND DEVELOPMENT(1) (a) (b) (2) LAND PLANNER LANDOWNER LOT LOT AREA MAINTENANCE GUARANTEE MANUFACTURED HOME MARKER MONUMENT MUNICIPALITY OWNER PARCEL PERFORMANCE GUARANTEE PLAN, FINAL PLAN, PRELIMINARY PLAN, RECORD PLAN, SKETCH PLAT PUBLIC GROUNDS RESERVE STRIP RESUBDIVISION REVERSE FRONTAGE LOT REVIEW RIGHT-OF-WAY ROADWAY SANITARY SEWERAGE SYSTEM, PUBLIC SIGHT DISTANCE STREET(1) (2) (3) (4) (5) (6) (7) (8) SUBDIVISION SURVEYOR
Other terms or words used herein shall be interpreted or defined as follows:
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.
An area bounded by three or more streets.
Any enclosed or open structure other than a boundary wall or fence, occupying more than four square feet of area.
DETACHED
A building which has only one party wall.
SEMIDETACHED
A building which has only one party wall in common with another building.
ATTACHED
A building which has two party walls in common with another building. A "building" is also any structure having a roof supported by columns, piers, or walls, including structures having temporary or permanent support. Any structure having an independent entrance or electrical, mechanical or heating system shall be considered a single building.
The line within a property defining the minimum required distance between any dwelling to be erected and an adjacent right-of-way or front lot line.
The portion of a street right-of-way, paved or unpaved, intended for vehicular use.
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersections of the street center lines.
The Planning Commission of the Borough of Avondale.
The County of Chester, Commonwealth of Pennsylvania.
The Planning Commission of the County of Chester.
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.
Any landowner, agent of such landowner, or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or land development.
The provisions 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.
Any structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
A right-of-way granted, but not dedicated, for limited use of private land for a 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.
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.
A licensed professional engineer registered by the Commonwealth of Pennsylvania.
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.
Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.
The improvement of one or more contiguous lots, tracts, or parcels of land for any purposes 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; or
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, building groups, condominiums or other features.
A subdivision of land.
A recognized professional individual or firm, affiliated with registered engineers, architects, and/or surveyors, capable of preparing development plans.
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, shall be deemed to be a landowner for the purpose of this chapter.
Any parcel of land, regardless of size, intended as a unit for transfer of ownership, use or improvement or for development.
The area contained within the property lines of a lot, as shown on the plan, excluding space within all streets rights-of-way and within all permanent drainage easements, but including the area of all other easements.
A guarantee by the subdivider that he shall maintain all improvement in good condition for a period of one year after completion of construction and installation of all such improvements.
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or two 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.
A metal pipe or pin of at least 1/2 inch in diameter (preferred three-quarter inch or seven-eighths) and at least 24 inches in length (preferred 30 inches to 36 inches).
A stone or concrete monument with a flat top at least four inches in diameter or square, containing a copper or brass dowel (1/2 inches drillhole) and at least 24 inches in length (preferred 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.
Borough of Avondale.
Any person, firm association or syndicate, copartnership or corporation having a proprietary interest in any land sought to be subdivided in pursuance with this chapter.
See "lot," above.
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.
A complete and exact subdivision plan, and including all required supplementary data, prepared for official recording of a major subdivision by statue, to define property rights and proposed streets and other improvements prepared by a registered engineer or registered surveyor.
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, surveyor, or land planner.
The copy of the final plan which contains the original endorsement 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.
An informal 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, and engineer, a surveyor, or land planner.
A map or plan of a subdivision, whether preliminary or final.
Includes:
A parcel of ground in separate ownership separating a street from other adjacent properties, or from another street, either proposed or existing.
See "subdivision."
A lot extending between and having frontage on two generally parallel streets, excluding service streets, with vehicular access solely from one street.
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."
The total width of any land reserved or dedicated as a street, alley, crosswalk or for other public or semipublic purposes.
See "cartway."
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.
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 4.5 feet above the center line of the road surface to a point 0.5 feet above the center line of the road surface.
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:
LOCAL STREET
A street used primarily to provide access to abutting properties.
CUL-DE-SAC STREET
A minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end.
HALF STREET or PARTIAL STREET
A 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.
MARGINAL ACCESS STREET
A 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.
COLLECTOR STREET
A street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or other collector and major streets. Streets in industrial and commercial subdivisions shall generally be considered collector streets.
ARTERIAL STREET
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.
ALLEY
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
INTERNAL STREET
A local street used for circulation and access within a development project involving multi-residence or commercial or industrial uses.
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. The term "subdivision" includes any replotting of land including changes to recorded plans.
A licensed surveyor registered by the Commonwealth of Pennsylvania.