[Ord. No. 70, 7/16/1990; Ord. No. 70-B, 1/6/1992; Ord. No. 70-E, 9/2/1998; Ord. No. 70-G, 6/7/2000; Ord. No. 70-J, 6/5/2001; Ord. No. 70-L, 3/6/2002; Ord. No. 87, 11/12/2003; Ord. No. 112, 12/14/2005; Ord. No. 163, 12/1/2010; Ord. No. 167, 4/6/2011]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this part. Terms not included in this part or otherwise defined shall be interpreted according to common usage.
ACT 247The Pennsylvania Municipalities Planning Code of December 21, 1988, or latest edition, 53 P.S. § 10101 et seq. (Act 247), as amended.
ALLEYA public right-of-way no less than 15 feet in width providing secondary vehicular access to the side or rear of two or more lots.
APPLICANTA landowner, subdivider, or developer, as herein defined, who or which has filed an application for subdivision or land development, including his heirs, successors, and assigns.
APPLICATION FOR DEVELOPMENTEvery application which is required to be filed and approved prior to start of construction or development for the approval of a subdivision plan or for the approval of a development plan.
APPROVAL (of a plan)Statement by the board of supervisors stating that a proposed plan is satisfactory to the township, qualifying the applicant to apply for and receive any needed building permits, and allowing earth moving and construction activity indicated on said plan to commence. Such statement may be in the form of the signatures of the board members upon paper copies of the plan. (Refer to part 5 for procedure.)
BIKEWAYA type of trail corridor designed primarily for bicycle traffic as part of the township comprehensive trail system or as otherwise authorized by the township. Bikeways may serve transportation and/or recreational functions. Except where a designated bikeway route is contained within a road cartway or road shoulder, bikeways shall exclude all motorized vehicles except motorized wheel chairs or as authorized by the township for maintenance, management, and emergency purposes.
BLOCKAn area bounded by streets.
BOARDThe board of supervisors of London Grove Township, Chester County, Pennsylvania.
BUFFERLand area used to visually separate one use from another or to shield or block noise, lights, or other nuisances. Buffers may incorporate fences, berms, shrubs, and trees, as specified by this chapter.
BUILDINGA combination of materials to form a roofed structure of sufficient size to require a building permit, including mobile homes. The word "building" shall be construed as if followed by the phrase, "or part thereof."
BUILDING SETBACK LINEAn established line within a lot defining the minimum required distance between any structure to be erected and the abutting right-of-way of either a street or a private accessway.
CARTWAY or ROADWAYThe portion of a street right-of-way, paved or unpaved, intended for vehicular use. Shoulders, curbing, and drainage facilities are excluded.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street centerlines.
COMMUNITY ASSOCIATIONA group of real property owners who together comprise an entity, or that entity itself, the function of which is to maintain and administer property which either the entity itself owns or which is owned in common by the members of the entity, to protect and enhance the value of the property owned individually by each of the members and to provide a mechanism for the orderly coexistence of members living in proximity to each other. Homeowners associations and condominium associations are types of community associations and, where referred to in this chapter, each term shall be construed as synonymous with the others.
COMPREHENSIVE PLANThe Comprehensive Plan of London Grove Township, Chester County, Pennsylvania, as adopted and in effect.
COMPREHENSIVE TRAIL SYSTEMA system of interlinking trails throughout the township, designated for transportation and recreation purposes, as delineated on the township trail system map, including subsequent additions or amendments thereto.
CUL-DE-SACA local access street which intersects another street at one end and terminates at the other end with a vehicular turn-around.
CUTAn excavation, or the material removed in excavation. Also, the difference between a point on the original ground and a designated point of lower elevation on the final grade.
DETENTION BASINA storage facility for the temporary storage of stormwater runoff.
DEVELOPERAny 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.
DRAINAGEThe flow of water or liquid waste, and the method of directing such flow, whether natural or artificial.
DRAINAGE FACILITYAny swale, ditch, gutter, pipe, culvert, storm sewer, or structure designed, intended, or constructed for the purpose of diverting surface waters from or to carry surface water off streets, public rights-of way, parks, recreational areas, or any part of any subdivision and contiguous territory.
DRIVEWAY, COMMONA private driveway serving two lots or properties, the use and maintenance of which is shared between or among the property owners.
EASEMENTAn interest in land owned by another that entitles the holder of the easement to a specific use or enjoyment of the land.
EASEMENT, STORMWATERAn easement on detention basins, wet basins, retention basins, infiltration basins, and infiltration berms.
ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by the township board of supervisors as the township engineer with the responsibility to perform the duties specified herein. Also, any consulting engineer similarly designated by the board.
EROSIONThe removal of surface material by the action of natural elements.
EXCAVATIONAny action by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, mined, uncovered, removed, displaced, relocated, or bulldozed, including conditions resulting therefrom.
FLAGLOTAs an interior lot connected to the street by an access corridor/cartway with a minimum width no less than the minimum street frontage as required by the zoning ordinance [chapter
27].
The 100-year floodway and that maximum area of land that is likely to be flooded by a 100-year flood, as defined by, and consistent with federal regulations (FEMA).
FLOODWAYThe portion of the 100-year floodplain, including the watercourse itself and any adjacent land area, that must be kept open in order to carry the water of a 100-year flood. At a minimum, any floodway must be large enough to carry the water of the 100-year flood without causing an increase of more than one foot in the elevation of the existing 100-year flood, as defined by and consistent with federal regulations (FEMA).
GROSS FLOOR AREAThe sum of the horizontal areas of all floors of a building, measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the average floor-to-ceiling height is less than six feet.
GUARANTEE, IMPROVEMENTFinancial security of a type and in the amount specified by this chapter and in accordance with § 509 of Act 247 which is provided by a developer in order to assure the completion of improvements to be constructed at the expense of said developer and eventually dedicated to the township or to a community association.
GUARANTEE, MAINTENANCEFinancial security of a type specified by this chapter and in accordance with § 509 of Act 247 which is provided by a developer to assure proper maintenance of all public improvements when installed by said developer. The term also applies to similar financial security required to assure proper maintenance of stormwater management facilities.
GUARANTEE, PERFORMANCEFinancial security of a type specified by this chapter and in accordance with § 509 of Act 247 which is provided by a developer to secure the structural integrity and proper functioning of improvements constructed at the expense of said developer and eventually dedicated to the township or to a community association.
IMPERVIOUSNot capable of absorbing or permitting the passage of liquids. (Asphalt or black top is considered impervious.)
IMPERVIOUS STRUCTURAL COVERAGEThe ratio of the area covered by all impervious structures on a lot to the total area of the lot on which they are located. The area of impervious parking areas, loading areas and driveways shall be included in computing impervious structural coverage of a lot.
IMPROVEMENTSThose physical changes to the land necessary to produce usable and desirable lots from raw acreage including, but not limited to, grading, paving, curbing, street lights, signs, fire hydrants, water mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts, street shade trees, sewage treatment facilities, utilities, stormwater management facilities, etc.
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(1) 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.
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 authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
LOCAL/COLLECTOR TRAILA type of trail that is part of the township comprehensive trail system and that is designed as an on-site recreation resource and as a means of connection to one or more multi-use arterial trails. Such trail may, but need not, serve multi-use functions.
LOTAn area of land which is:
A. Separately described by metes and bounds, and said description recorded in the office of the recorder of deeds of Chester County by deed description.
Described by an approved subdivision plan recorded in the office of the recorder of deeds of Chester County.
In the event that the descriptions in subparagraphs (1) and (2), above, are not identical, then the description, together with any conditions of approval, on the most recently approved and recorded subdivision plan shall govern. If a lot, as defined in subparagraphs (1) and (2), above, is divided by a railroad right-of-way or a public right-of-way into more than one parcel, each separate parcel shall be deemed to be one lot. If the owner of two or more separate and adjoining lots, not divided as described above, shall file with the zoning officer of the township a notarized statement that he intends in the future that the aforesaid lots shall be considered as a single lot, then the said lots shall be deemed to be one lot thereafter.
LOT, INTERIORA lot which does not front on a street. Such lots are not permitted.
LOT, REVERSE FRONTAGEA lot extending between and having frontages on a major traffic street and a minor street, with vehicular access solely from the minor street.
LOT, THROUGHA lot with frontage along more than one street on at least two non-contiguous sides.
LOT AREA, GROSSThe area of land contained within the limits of the legally described property lines bounding the lot.
LOT AREA, NETThe area of land contained within the limits of the legally described property lines bounding the lot, exclusive of any existing or proposed street or railroad rights-of-way, common open space, private easements, easements for the purposes of access, utility (above or on the ground) or stormwater management including infiltration areas, prohibitive steep slopes, floodplain, floodway, and wetlands as defined by this chapter. Unless otherwise specified, where the term "lot area" is used in this chapter, it shall be construed to mean net lot area.
LOT LINEA line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
MARKERA metal pipe or pin of at least 1/2 inch wide and at least 24 inches in length.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly 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. A mobile home shall meet the township building and fire codes, and shall have a minimum of six tie-downs.
MOBILE HOME PARKA parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use, consisting of two or more mobile home spaces.
MOBILE HOME PERMITWritten approval issued by the township authorizing a person to operate and maintain a mobile home park under the provisions of part 10 of this chapter.
MOBILE HOME SPACEA plot of ground within a mobile home park designed for the accommodation of one mobile home.
MONUMENTA stone or concrete block with a flat top at least four inches across and at least 24 inches in height.
MULTI-USE ARTERIAL TRAILA type of trail that is part of the township comprehensive trail system and that offers low-speed transportation and recreation opportunities to pedestrian, bicycle, and equestrian users. Such trail segments provide the principal connecting routes between destinations within the township and to multi-municipal and regional trail systems beyond the township.
PARK, NEIGHBORHOODA recreation site serving residential areas within an approximate 1/2 mile radius or less, suitable primarily for informal field sports, tot-lot activities, fitness and exercise facilities, and passive recreation.
PARK, SUB-NEIGHBORHOODA recreation area in close proximity to, and generally visible from, the residences it is designed to serve, with emphasis on small child and senior citizen activities. Such a facility generally will include some court area but not playing fields, and is pedestrian oriented.
PARK COMMUNITYAn area located and designed to serve the active and, where suitable, passive recreation needs of township residents, including land that is appropriate for playing fields and courts for group and individual sports and activities. Such a facility should be accessible to vehicular, bicycle, and pedestrian traffic, including trail connections to other park and recreation sites within the township.
PERSONAn individual, corporation, partnership, incorporator's association, or any other similar entity.
PLAN, AS-BUILTA complete and exact land development or subdivision plan prepared by a registered engineer, land surveyor, or landscape architect after the completion of planned construction activity within a subdivision or land development showing all structures, landscaping, topography, lot lines, utilities and any other public improvements as they then exist.
PLAN, EXISTING CONDITIONSA complete and exact plan prepared by a registered engineer, land surveyor, or landscape architect showing the conditions extant upon a parcel of land proposed for subdivision or land development at the time such proposal is made and prior to subdivision or development activity.
PLAN, FINALA complete and exact land development or subdivision plan prepared by a registered engineer, land surveyor, or landscape architect for official recording as required by Act 247 to define property rights, proposed streets, and other improvements.
PLAN, PRELIMINARYA land development or subdivision plan prepared by a registered engineer, land surveyor, or landscape architect, showing all information required by section
22-502 of this chapter as a basis for consideration prior to preparation of a final plan.
A plan prepared by a registered engineer or surveyor showing the vertical section of the existing grade and proposed grade along the centerline of a proposed street along with street appurtenances, public utilities, to be constructed or installed. Such plan shall include a typical cross-section of the street construction.
PLAN, SKETCHAn informal plan indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision or land development.
PUBLIC NOTICENotice 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 not be more than 30 days and the second publication shall not be less than seven days from the date of the meeting.
RECREATION, ACTIVERecreational pursuits that are relatively formally organized and conducted on ground that generally requires physical attention and regular maintenance for such purpose, such as a playfield, playground, tennis court, basketball court, swimming pool and the like.
RECREATION, PASSIVENon-structured or spontaneous activities by persons or small groups that usually take place in natural settings with minimal disturbance of same. Such activities include, by way of example, walking/hiking and horseback riding along established trails, bird watching, biking, picnicking, canoeing, and nature study.
RETENTION BASINA reservoir, formed from soil or other material, which is designed to detain a certain amount of stormwater from a catchment area and which also may be designed to permanently retain additional stormwater runoff from the catchment area. Retention basins may receive fresh water from year-round streams. Unlike detention basins, retention basins always contain water, and thus may be considered man-made lakes or ponds.
RIGHT-OF-WAYThe total width of the land area reserved or dedicated as a street, alley, crosswalk, or for some other public or quasi-public purpose.
RUNOFFThe volume of surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but flows from the surface of the land.
SEDIMENTATIONThe process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
SEPTIC TANKA covered, water-tight settling tank in which raw sewage is biochemically changed into solid, liquid, and gaseous states to facilitate further treatment and final disposal.
SERVICE BUILDINGA structure containing operational, office, recreational, sanitary, maintenance, or other facilities built for the use of the owner or residents of a mobile home park. Also a structure containing operation, maintenance, or sanitary facilities for any residential, commercial, or industrial development.
SERVICE STREET, ROADA secondary street (public right-of-way) providing access to nonresidential uses.
SEWAGE SYSTEM, INDIVIDUAL ON-SITEA sewage system which serves a single lot and less than two equivalent dwelling units, and uses a system of piping, tanks, or other facilities for collecting, treating, and disposing of sewage within the lot of origin. The system is subject to the approval of the county health department and the Pennsylvania Department of Environmental Protection.
SEWAGE SYSTEM, COMMUNITYA system for the collection, treatment and disposal of sewage from two or more lots or equivalent dwelling units within a single development, neighborhood, or area. The system is subject to the approval of the township municipal authority, the county health department, the Pennsylvania Department of Environmental Protection, and the Pennsylvania Public Utilities Commission (where applicable).
SEWAGE SYSTEM, PUBLICA system for the collection, treatment and disposal of sewage serving multiple lots and more than a single development, neighborhood, or area, owned and operated by a municipality, governmental agency or public utility. The system is subject to the approval of the county health department, the township municipal authority, the Pennsylvania Department of Environmental Protection and the Pennsylvania Public Utilities Commission, where applicable.
SEWER CONNECTIONAll pipes, fittings, and appurtenances from the drain outlet of a mobile home to the inlet of the corresponding sewer riser pipe. Also, the pipes, fittings, and appurtenances from the lateral serving a residential, commercial, or industrial use to a community or public sewage disposal system.
SEWER RISER PIPEThat portion of the sewer lateral which extends vertically to the ground elevation and terminates at a designated point at a mobile home space.
SIGHT DISTANCEThe extent of unobstructed vision (in a horizontal or vertical plane) along a street from a vehicle located at any given point on the street. (Refer to AASHTO definition.)
SLOPEThe face of an embankment or cut section. Also, any ground whose surface makes an angle with the plane of the horizon. Slope is expressed as a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
SLUDGESolids removed from raw sewage during wastewater treatment.
SOIL PERCOLATION TESTA field test conducted to determine the suitability of the soil for sanitary sewage disposal facilities, or stormwater infiltration facilities, performed in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection.
SOIL STABILIZATIONChemical or structural treatment of a mass of soil to increase or maintain its stability or to improve otherwise its engineering properties.
SOLICITORThe attorney retained by the township.
STORMWATER MANAGEMENTAny design intended to contain stormwater runoff to reduce the peak rate and/or volume of runoff from a drainage area.
STREETA strip of land devoted to use primarily for vehicular traffic, the right to use of which arises either out of ownership in fee by a governmental body, or from an easement for vehicular purposes granted to a governmental body. Unless otherwise expressly stated, all references to streets in this chapter shall mean public streets. The word "street" includes the entire vehicular right-of-way, i.e., the term is not limited to the cartway. The word "street" shall be construed as synonymous with avenue, boulevard, highway, lane, road, thoroughfare, way, and all other similar terms. Streets in the township, including streets proposed by a subdivision or land development plan, are or classified as follows:
A. STREET, EXPRESSWAYThe highest type of arterial highway (freeway) with fully controlled access. These are designed for improved safety, higher speeds and higher capacity.
B. STREET, LOCAL ACCESSA street providing access to all abutting properties, accommodating little, if any, through traffic, and serving less than 1,000 vehicles per day. Cul-de-sacs and single access streets are types of local access streets.
C. STREET, MAJOR ARTERIALA street which accommodates long-distance traffic at comparatively high speeds, serving between 10,000 and 40,000 vehicles per day.
D. STREET, MAJOR COLLECTORA street designed and located to collect traffic from local access streets, to provide access for through traffic between residential neighborhoods and districts within the township and to arterials, or to provide access to nonresidential properties. Major collector streets serve between 3,000 and 8,000 vehicles per day.
E. STREET, MINOR ARTERIALA street providing a high degree of mobility, accommodating relatively high speeds, and serving between 5,000 and 15,000 vehicles per day. Includes all roads classified as secondary highways by the Pennsylvania Department of Transportation.
F. STREET, MINOR COLLECTORA street designed and located to collect traffic from local access street, to serve as a major road through identifiable neighborhoods, and to provide greater access to individual properties than a major collector street minor collector streets serve between 1,000 and 3,000 vehicles per day.
G. STREET, PRIVATEA street, as distinguished from a driveway, not dedicated or deeded to the township.
H. STREET, SINGLE ACCESSA local access street which has no more than one point of intersection with the circulation network. Cul-de-sacs are a type of single access street.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDERThe owner, or the authorized agent of the owner, of a subdivision.
SUBDIVISIONThe division of a single lot, tract, or parcel of land, or a part thereof, into two or more lots, tracts, or parcels of land including changes in street lines or lot lines, for the purpose, immediate or future, of transfer of ownership or of building development. In addition, the creation of a mortgage encumbering real estate shall be deemed a subdivision if it encumbers less than the entire tract of land titled in the mortgagor's name at the time the mortgage is created. The term "subdivision" includes resubdivisions. The term "subdivision" shall also refer, as appropriate in these regulations, to the process of subdividing land or to the land proposed to be subdivided.
SUBDIVISION, MAJORA subdivision involving the creation of four or more lots or any subdivision wherein public improvements are required.
SUBDIVISION, MINORA subdivision involving the creation of no more than three lots and wherein no public improvements are required.
SUBDIVISION OFFICERA township officer appointed by the board whose duty it shall be to process subdivision and land development plans in accordance with the terms of this chapter and with procedures promulgated hereunder.
TEST PITA deep hole excavation of a depth and width as required by the county health department in which the sewage enforcement officer evaluates the soil profile.
TILE DISPOSAL FIELDA system to distribute sewage effluent into the soil for absorption and vaporization through open jointed or perforated pipes laid in the upper soil strata.
TOPSOILAcceptable friable loam that is reasonably free from subsoil, clay lumps, brush, roots, weeds, other objectionable vegetation, stones, other foreign material, litter, and/or other material unsuitable or harmful to plant growth and containing not less than 2% nor more than 10% organic material.
TOWNSHIPLondon Grove Township, Chester County, Pennsylvania.
TRACT AREA, GROSSThe area of land contained within the limits of the legally described property lines bounding the tract.
TRACT AREA, NETThe area of land contained within the limits of the legally described property lines bounding the tract, exclusive of the constrained lands described in section
27-202 of the township zoning ordinance [chapter
27]. Unless otherwise specified, where the term "tract area" is used in this chapter, it shall be construed to mean net tract area.
A corridor through which passes, or will pass, a pedestrian or equestrian accessway or a bikeway as part of the township comprehensive trail system or as otherwise authorized or designated by the township. A trial is to serve transportation, commuting, and/or recreational functions as part of an inter-modal transportation system. Trails shall exclude all motorized vehicles except motorized wheel chairs or as authorized by the township for maintenance, management and emergency purposes.
TRAIL CARTPATHThe area within a trail right-of-way that is designed and constructed for regular use by the intended trail users and provided with an appropriate surface for that purpose.
TRAIL SHOULDERThe areas within a trail right-of-way that are immediately adjacent to the trail cartpath and designed in accordance with the standards of this chapter.
WATER CONNECTIONConsists of all pipes, fittings, valve, and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within a mobile home. See, "water service pipe."
WATER RISER PIPEThat portion of the water service pipe which extends vertically to the ground elevation and terminates at a designated point at each mobile home space.
WATER SERVICE PIPEConsists of all pipes, fittings, valves, and appurtenances from the water main of a mobile home park water distribution system to the water outlet of the distribution system of a mobile home. Also, the pipes, fittings, and appurtenances from a community or public water supply connecting to a residential, commercial, or industrial use.
WATER SUPPLY, COMMUNITYA centralized system for supplying and distributing water from a common source or sources to two or more dwellings or structures within a single development, neighborhood or area. The system shall be approved by the county health department, the Pennsylvania Department of Environmental Protection, the Pennsylvania Public Utility Commission and the township municipal authority. The water source may be located on-site or off-site.
WATER SUPPLY, INDIVIDUAL ON-SITEA system for supplying and distributing water to a single dwelling or other structure from a source located on the same lot. The system shall be approved by the county health department.
WATER SUPPLY, PUBLICA system owned and operated by a municipality, governmental agency or public utility for supplying and distributing water from a common source or sources to dwelling and other structures generally not confined to a single development, neighborhood or area. The system shall be approved by the county health department, the township municipal authority, the Pennsylvania Department of Environmental Protection, and the Pennsylvania Public Utility Commission, where applicable.
WATERCOURSEA natural or man-made permanent or intermittent stream, river, brook, creek, drain, dry run, spring, channel, or ditch which features or accommodates the surface flow of water.
WETLANDSAreas of hydric soil supporting wetland vegetation as identified by the U.S. Corps of Engineers and the Pennsylvania Department of Environmental Resources.
WORKING DAYAny day of the year upon which business, financial, and industrial activities are customarily conducted. Saturdays, Sundays, and legal holidays are not working days.