When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
100-YEAR FLOODA flood that is estimated, on the average, to have a 1% chance of occurring each year. See additional definitions in Chapter
550, Zoning, or any separate Floodplain Ordinance.
Two lots that are directly contiguous and/or are only separated from each other by a railroad or a creek. See also "adjacent lots."
ACCESS DRIVEA type of private vehicular accessway providing access from a lot which does not have frontage on a public or approved private street. This term shall not include a driveway or a street.
ADJACENT LOTSTwo lots that are abutting or that are only separated by a street.
ALLEYA right-of-way of less than 20 feet right-of-way width, privately or publicly owned, that primarily provides vehicular access to the rear of properties and does not serve through traffic.
APPLICANTA landowner or developer, as defined in this section, who has filed an application for development including his/her heirs, successors, and assigns.
AVERAGE DAILY TRAFFIC VOLUMEThe total number of motor vehicles traveling on a street or street during an average weekday, other than a Friday, Saturday or Sunday.
BEST MANAGEMENT PRACTICE (BMP)Activities, facilities, measures, planning or procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the quality of waters and the existing and designated uses of waters within the Commonwealth of Pennsylvania before, during, and after earth disturbance activities.
BLOCKAn area of land or a lot or group of lots, bounded by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the City or by any combination of the above.
BUFFERThe definition in Chapter
550, Zoning, shall apply.
The definition in Chapter
550, Zoning, shall apply.
The paved portion of a street used for vehicular travel and vehicle parking, not including an unpaved shoulder.
CITYChester City, Delaware County, Pennsylvania. Unless otherwise stated, this shall mean the City Council and their authorized agents.
CLEAR SIGHT TRIANGLEA triangular area required to be established at street intersections to avoid the placement of certain types of sight obstructions. This triangular area is defined by lines along each street, connected by a third longer leg of the triangle, as regulated by Chapter
550, Zoning.
The Planning Commission of the City of Chester.
CONDOMINIUMA type of ownership arrangement (not a land use) wherein parts of a building are owned separately, and other parts, such as halls, stairs, parking areas and recreation areas, are owned jointly by such persons. A condominium may be residential, commercial, or industrial in nature. See also the definition in the State Uniform Condominium Act and the definition of "unit" in the State Planned Communities Act.
CROSS SECTIONA profile of existing ground at right angles to the center line.
CROSSWALKA specifically paved or marked path for pedestrians crossing a street, access drive or travel lane.
CROWNThe height of the center of a roadway surface above its edges.
CULVERTA pipe, conduit or similar structure including appurtenant works, which carries surface water.
CURBThe raised edge of a pavement that confines surface water to the pavement and protects the abutting land from vehicular traffic.
CUTTo lower the level of the surface of an existing grade, or the vertical distance from the existing ground surface to the planned grade line at a given point.
DCPCThe Delaware County Planning Commission or its successor entity.
DEPThe Pennsylvania Department of Environmental Protection and its successor agencies.
DEVELOPER (or SUBDIVIDER)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 a land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations and the subdivision of land.
DRIVEWAYA privately owned vehicle travelway that provides access from a public street or approved private street to one or two lots, and which is not an access drive or a street.
DRIVEWAY APRONThe sloped area between the sidewalk and the curb of a driveway that provides reinforcement for vehicular traffic while allowing pedestrians to cross at grade from the adjoining sidewalk area.
EASEMENTA limited right of use granted on private land for public or private use by another party or parties, or a protective condition, as in the case of drainage easements for protection and/or preservation of a specified area.
ENGINEER, CITYThe licensed professional engineer in the Commonwealth of Pennsylvania designated by the City Council to perform the duties of the City Engineer.
ENGINEER, PROFESSIONALA person licensed in the Commonwealth of Pennsylvania to practice as a professional engineer in the Commonwealth of Pennsylvania.
FINISHED GRADEThe proposed elevation of the land surface of a site after the completion of all site improvement work.
FLOODPLAINThe definition in Chapter
550, Zoning, or any separate Floodplain Ordinance shall apply.
The elevation of ground, paving or another improvement.
GRADINGAll construction operations between site clearing and building or paving. Grading includes excavating, hauling, spreading and compacting operations.
GREEN INFRASTRUCTURESmall-scale stormwater management practices, nonstructural techniques, and site planning practices to mimic natural hydrologic runoff characteristics and minimize the impact of development on water resources.
IMPROVEMENTSPhysical changes to the land associated with a subdivision or land development plan, including, but not limited to a building(s) and building additions, structures, streets, gutters, curbs, streetlights, signs, water, sanitary and storm sewer mains and appurtenances, stormwater structures, walkways, sidewalks, recreational facilities, open space improvements, shade trees, buffers and landscaping and all other additions to the tract which are deemed necessary to result in a complete project.
LAND DEVELOPMENTLand development shall include any of the following activities, unless such definition is revised by a later amendment of the Pennsylvania Municipalities Planning Code:
A. The improvement of one or two or more contiguous lots, tracts or parcels of land for any purpose involving either or both of the following:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single principal 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, condominiums, building groups, or other features.
The following activities are excluded from the definition of "land development" only when such land development involves the following:
(1) 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; or
The addition of an accessory structure including a farm building on a lot or lots subordinate to an existing principal building if less than 5,000 square feet of new imperviousness and earth disturbance are proposed.
LAND DEVELOPMENT, MINORA land development which only involves a maximum of 10,000 square feet of new building floor area, only involves an existing lot, and does not include more than three new dwelling units.
LANDOWNERThe 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 if he/she is authorized under the lease to exercise the rights of the landowner, or any other person having a proprietary interest in land.
LANDSCAPE ARCHITECTA person registered as a landscape architect by the Commonwealth of Pennsylvania.
LEVEL OF SERVICEA qualitative measure used to relate the quality of traffic service and delay.
LOTA designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.
LOT LINE ADJUSTMENTThe revision or deletion of one or more lot lines in such a way that all of the following are true:
A. No new lots will be created beyond what was previously approved;
No additional road/street segments or significant changes in alignment are proposed other than what was previously approved;
No additional nonconformities will be created under Chapter
550, Zoning; and
No new land development will occur other than a land development that was previously approved or buildings to support crop farming.
LOT, REVERSE FRONTAGEA lot extending between and having frontage on a minor street and either an arterial or collector street, with vehicular access solely from the minor street. The front setback regulations of the zoning district in which the lot is located shall apply to both street frontages.
MAINTENANCE AGREEMENTAn agreement in a form and manner acceptable to the City Council requiring the developer of required improvements to make any repairs or reconstructions and to maintain such improvements for a certain period.
MAINTENANCE GUARANTEEFinancial security which is acceptable to the City to secure the promise made by a developer in the Maintenance Agreement that required improvements shall be maintained by the developer. (Note: These guarantees typically include acceptable letters of credit, performance bonds, escrow agreements, and other similar collateral or surety agreements).
MODIFICATIONA process authorized under §
490-7 that allows the City Planning Commission to approve a specific alternative standard.
The Pennsylvania Municipalities Planning Code, as amended.
OPEN SPACE, PUBLICCommon open space owned by the City or another government agency for public recreation.
ORDINANCE, THISThe Chester City Subdivision and Land Development Ordinance, as amended, and any provisions thereof, enacted by the City Council.
PATHWAYA pedestrian accessway which is not adjacent to a road/street or access drive and conforms with this chapter.
PENNDOTThe Pennsylvania Department of Transportation.
PERFORMANCE GUARANTEEFinancial security which is acceptable to the City Council to ensure that the developer will install required improvements. (Note: This typically includes acceptable letters of credit, performance bonds, escrow agreements, and other similar collateral or surety agreements).
PLANA map of a land development or subdivision and accompanying notations.
A. SKETCH PLANAn informal plan, identified with the title "Sketch Plan" on the map, indicating the general layout of the proposed subdivision or land development.
PRELIMINARY PLANA complete plan identified with the title "Preliminary Plan" accurately showing proposed roads/streets and lot layout and such other information as required by this chapter.
FINAL PLANA complete and exact plan identified with the title "Final Plan" including the plan prepared for official recording as required by this chapter.
PLANNING DIRECTOR OR SUBDIVISION ADMINISTRATORThe staff-person(s) charged by the Mayor or City Council with the responsibility of administering subdivision applications and review procedures. Such role shall be served by the City of Chester Planning Director or designee, unless a different person is assigned the responsibility by the Mayor or City Council.
PROFILEA line on a drawing which shows elevations of points along a selected route. A profile usually shows both ground elevations and grade elevations.
PUBLIC MEETING, REGULAR PLANNING COMMISSIONShall mean a regular meeting of the City Planning Commission at which such Commission is authorized to conduct official action and which has been scheduled based upon an annual meeting schedule (as may be adjusted by the Chairperson) and which is not a workshop meeting or the official public meeting on an ordinance amendment.
PUBLIC NOTICEAs defined by the PA Municipalities Planning Code. (Note: As of 2015, this included the following definition: "Notice published once each week for two successive weeks in a newspaper of general circulation in the City. 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.")
PUBLIC SEWAGE SERVICEService by a sewage disposal system that is owned and/or operated by a local government, governmental authority or a public utility company regulated by the Public Utility Commission.
PUBLIC WATER SERVICEService by a water supply system that is owned and/or operated by a local government, governmental authority or a public utility company regulated by the Public Utility Commission.
RECREATION LANDLand intended for non-commercial recreation by residents of a development or by the general public, and which meets the requirements of §
490-58.
A legal right of passage across land occupied or intended to be occupied by a street, crosswalk, railroad, street, electric or telecommunication transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. If the right-of-way involves maintenance by a public agency, it shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
SEWAGE DISPOSAL SYSTEMA system designed to collect, treat and dispose of sewage from users in compliance with regulations of PA DEP and the City.
A. PUBLIC SEWAGE SERVICEService by a sewage disposal system which collects, treats and disposes sewage from multiple lots and conveys it to a wastewater treatment plant that is owned and/or operated by an authority, other public entity or their lessee.
SIDEWALKA pedestrian accessway which is adjacent to a road/street or access drive and conforms to the regulations of this chapter.
STREETA motor vehicle route (not including driveways, alleys, and access drives) that affords the principal means of access to three or more abutting properties, and which may also be accessible by pedestrians and bicyclists. A street may be publicly or privately owned and maintained, provided that the requirements of this chapter are met.
STREET CLASSIFICATIONSThe functional classifications of streets shall follow the Street Classification Map that is included in the Appendix. The City Engineer shall have the authority to classify any street that is proposed or that is not shown on that map. Such classifications may be amended by resolution of City Council. Streets are classified as arterial streets, collector streets and local Streets. Interstate 95 is an expressway. See also the definition of "alley."
STREET GRADEThe officially established grade of the road/street upon which a lot fronts or, in its absence, the established grade of other roads/streets upon which the lot abuts at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the road/street at such midpoint shall be the street grade.
STREET LINEA line defining the edge of a road/street right-of-way and separating the road/street from abutting property or lots. This is commonly known as the street "right-of-way line."
STREET, CUL-DE-SACA type of street which is terminated at one end by a permitted turnaround and which intersects another street at the other end.
SUBDIVISIONA. 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.
The subdivision by lease of land for agricultural purposes into a parcel of more than 10 acres, not involving any new street or easement of access or residential dwellings, is not a subdivision.
SUBDIVISION ORDINANCEThe Chester City Subdivision and Land Development Ordinance, as amended; this chapter.
SUBDIVISION, MAJORA subdivision that does not meet the definition of a "subdivision, minor."
SUBDIVISION, MINORA subdivision involving not more than three total residential or agricultural lots and which does not involve the construction of a new street.
SUBSTANTIALLY COMPLETEDIn the judgment of the City Engineer, at least 90% (based upon the cost of the required improvements for which financial security was posted) 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.
SURVEYORA professional surveyor, registered as such by the Commonwealth of Pennsylvania.
TREE TRENCHA system of trees or other landscaping connected by an infiltration system consisting of porous pavers, engineered or structural soil, underdrains or other material designed to capture and infiltrate stormwater runoff.
USGSUnited States Geological Survey, or its successor agency.
VEHICLE TRIPA vehicle movement in one direction with the origin or destination within the study area.
WAIVERA process authorized under §
490-7 that allows the Planning Commission to remove a specific requirement as it applies to an application.
A strip of land including a right-of-way dedicated to public use in order to facilitate pedestrian access through or into a block.
WATERCOURSEAny natural or artificial waterway, stream, river, creek, ditch, channel, millrace, canal, conduit, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel and bed and shall include any area adjacent thereto subject to inundation by reason of overflow of floodwaters.