[Amended 11-25-2013 by Ord. No. 202]
As used in this chapter, words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincorporated association, and a partnership, as well as an individual. The word "building" includes structure and shall be construed as if followed by the phrase "or part thereof." The word "street" includes avenue, boulevard, court, expressway, highway, lane, and road. The word "watercourse" includes channel, creek, ditch, drain, dry run, spring, and stream. The word "may" is permissive; and the words "shall" and "will" are mandatory; subject, however, to the provisions of § 170-74 hereof. The definitions provided in this article are applicable solely to the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
The "Pennsylvania Municipalities Planning Code," of January
1, 1969, Act of 1968, P.L. 805, No. 247, reenacted and amended.[1]
A right-of-way providing secondary vehicular access to the
side or rear of two or more properties.
The fastening of the mobile home to its pad or stand to prevent
upset or damage due to wind, erosion, flooding, or other natural forces.
A landowner, developer, or subdivider or his authorized agent,
including his heirs, successors and assigns, who has filed an application
for subdivision or land development
Every application, whether preliminary, tentative, or final,
which is required to be filed and approved prior to the start of construction
or development, including but not limited to an application for a
building permit, for the approval of a subdivision plan or for the
approval of a land development plan.
The total number of vehicles passing a point or a segment
of a road in both directions for one year divided by the number of
days in the year.
A structure designed to retard surface water runoff for a
period of time sufficient to cause the deposition of sediment and
to retard the velocity and rate of surface flows leaving a site as
a means of preventing erosion and flooding downstream of the site.
A reservoir, formed from soil or other material, designed
to permanently retain a specified amount of surface runoff as defined
by this chapter. Retention basins are designed to always contain water
and may include man-made ponds and lakes.
A mound of earth which serves such purposes as directing
the flow of surface water runoff, preventing soil erosion, and supporting
plant materials to aid in screening.
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways, or boundary lines of the Township.
The Board of Supervisors of New Garden Township, Chester
County, Pennsylvania.
A combination of materials forming any structure which is
erected on the ground and affixed thereto, designed, intended, or
arranged for the housing, sheltering, enclosure or structural support
of persons, animals, or property of any kind.
An established line within a property defining the minimum
required distance between any structure to be erected and an adjacent
ultimate right-of-way or street line, and lot lines.
A strip of land adjacent to the lot line to establish a visual
separation between incompatible land uses.
The diameter of a tree trunk measured at a point 4Â 1/2
feet from the ground surface at the base of the tree.
The portion of a street or alley intended for vehicular use
designed and constructed in accordance with the provisions of this
chapter.
An area of unobstructed vision at street intersections defined
by lines of sight between points at given distance from the intersection
of street center lines and driver's line of sight.
A 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 a membership
which lives in proximity one to another. Homeowners' associations
and condominium associations are types of community associations.
The planning document adopted by the Board of Supervisors,
in accordance with the provisions of Act 247, as the Official Comprehensive
Plan for New Garden Township, Chester County, Pennsylvania.
A type of ownership and not a type of use, wherein each unit
is owned in fee by its occupant, while the land and such appurtenances
as driveways, parking areas, sidewalks, landscaping, recreational
facilities, and on-site utilities remain under the ownership, with
full responsibility for maintenance, of the developer or any corporation
holding title to such land and appurtenances.
Selected resources listed below, multiplied by a protection
factor and totaled.
[Added 2-25-2013 by Ord. No. 196]
|
Resource
|
Area of Resource
(acres)
|
Protection Factor
|
Constrained Land
(acres)
| ||
|---|---|---|---|---|---|
|
a.
|
Existing road and utility rights-of-way
|
x 1.0
|
=
| ||
|
b.
|
That portion of lands under conservation easement or other permanent
restriction that are restricted from further development
|
x 1.0
|
=
| ||
|
c.
|
100-year floodplain, including the floodway
|
x 1.0
|
=
| ||
|
d.
|
Wetlands
|
x 0.95
|
=
| ||
|
e.
|
Steep slopes (over 25%)
|
x 0.85
|
=
| ||
|
f.
|
Precautionary slopes (15% to 25%)
|
x 0.35
|
=
| ||
|
Constrained land = Sum of a through f =
| |||||
The alteration of the building material or existing land
surface, to include the cutting of trees or earthmoving activities
in anticipation of land development, the erection of structures, and
incidental improvements.
Parcels of land which are adjacent, share a common line or
boundary, and are not interrupted by other acreage, by public streets,
or any rights-of-way.
A minor street intersecting another street at one end and
terminated at the other by a vehicular turnaround. A form of a single
access street.
The line marking the outer edges of the branches of the tree.
[Added 8-12-2002 by Ord. No. 148]
A right-of-way granted for limited use of private land for
a public or quasi-public purpose.
Areas highly susceptible and vulnerable to significant adverse
impacts upon their physical, chemical, and biological characteristics
from land development, land disturbance, or other human influence.
Such areas shall include, but not be limited to, such areas as floodplains,
prime woodlands, slopes in excess of 25%, surface waters, and wetland
areas.
Any earth, sand, gravel, rock, or other natural material
which is deposited, placed, pushed, dumped, pulled, transported, or
moved to a new location and shall include the conditions resulting
therefrom.
A flood of a magnitude that is likely to occur an average
of once every 100 years. While the probability of its occurrence is
one-percent chance every year, the flood may occur in any year.
A relatively low, flat land area adjoining a watercourse
which is subject to partial or complete inundation, and subject to
unusual and rapid accumulation of runoff of surface waters from any
source, as delineated by the Federal Emergency Management Agency (FEMA)
criteria.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude, as per the Federal Emergency Management
Agency (FEMA) criteria.
The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
The slope expressed as a percent which indicates the rate
of change of elevation in feet per 100 feet.
A reference plane representing the average, finished ground
level adjoining a building along all exterior walls.
The elevation of a street along the center line of the existing
or proposed cartway.
Vegetative growth, including grasses and forest leaf litter,
which is capable of preventing soil erosion, retaining precipitation
and moisture, and preventing the emanation of dust during periods
of dry weather.
Financial security of a type and in the amount specified
by this chapter and in accordance with Act 247 which is provided by
an applicant 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.
A written security which is provided by an applicant that
details the person or persons responsible for maintenance, identifies
where funding for maintenance will come from, and plans for establishing
the funding mechanism, to assure proper maintenance of improvements
including water mains, sanitary sewer lines, and roads when installed
by said developer. Term is also applied to similar financial security
required to assure proper maintenance of stormwater management facilities.
Such written security shall also be necessary when a homeowners' association,
authority, or other nonmunicipal organization will be responsible
for the perpetual maintenance of facilities.
Financial security of a type and in the amount specified
by this chapter and in accordance with Act 247 which is provided by
a developer to assure 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.
The Chester County Health Department charged with the regulation,
authorization control and permitting of mobile home parks on an annual
basis specifically pertaining to sewage disposal, refuse storage and
collection, fuel storage and use, and vector control.
A device which is part of the frame or attaches to the frame
of a mobile home and connects it to a mobile source for the purpose
of transporting the unit.
An analysis of the potential influence an activity, subdivision
or land development poses upon existing conditions of natural or man-made
features, and recommended remedies as specified and required by this
chapter.
An analysis of proposed potential impacts to the existing
environmental characteristics of the site from development activities,
the beneficial and adverse aspects of those impacts, and methods to
control and mitigate adverse potential impacts to the existing natural
environment of the site and surrounding area.
An analysis that addresses the effects of proposed development
on identified historic resources.
An analysis which addresses the effects of proposed development
upon existing and future circulation patterns, capacities, parking,
and safety conditions on adjacent roads and intersections within the
proposed development area, in accordance with the provisions of this
chapter.
Physical changes to the land which are necessary to produce
lots and support land uses, including, but not limited to, grading,
paving, curbing, street lights, signs, fire hydrants, water mains,
sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts,
monuments and markers, landscaping, and street trees.
Any drainage facility, street, sidewalk, pedestrian way,
tree, lawn, off-street parking area, lot improvement, or other facility
for which the Township, a municipal authority or a public utility
may ultimately assume the responsibility for maintenance and operation,
or which may affect an improvement for which Township, municipal authority
or public utility responsibility is established.
[Amended 10-18-2021 by Ord. No. 250]
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts, or parcels of land for any purpose involving:[2]
A group of two or more residential or nonresidential
buildings or uses, 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, condominiums, building groups or other features;
or
A subdivision of land; or
Development in accordance with Section 503(1.1)
of the Pennsylvania Municipalities Planning Code.[3]
The following land development conditions are excluded from
the definition of land development as permitted by Section 503 of
the Pennsylvania Municipalities Planning Code:
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, as permitted by the Township Zoning Ordinance,[4] provided the construction of the building requires no
land disturbance activity.
Improvements to a lot with the use of turf; the planting
of deciduous and evergreen trees and shrubbery, or other appropriate
ground cover, including the maintenance thereof, for control of erosion,
retention of precipitation, and protection against the elements. Landscaping
may include objects such as natural ground cover, earthen berms, vegetative
screens, pedestrian walks, flower beds, ornamental objects such as
fountains, statues, and other similar natural and artificial objects.
A paved cartway parallel and separate from the travel lane(s),
which extends from an intersection to enable entering traffic to increase
speed before entering the travel lane of a street.
A paved cartway parallel and separate from the travel lane(s),
which provides a lane for exiting traffic to reduce speed before turning
into an intersecting street or accessway.
A qualitative measure that describes operational conditions
within a road segment. Six levels of service are defined for each
type of facility for which analysis procedures are available. Letter
designations are assigned, from "A" to "F," with level of service
"A" representing the best operating conditions and level of service
"F" the worst.
A 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. Such an area shall be separately described
by metes and bounds within a legal description which is recorded in
the office of the Recorder of Deeds of Chester County with a deed
and by an approved subdivision plan so recorded.
The area of land included within the legal metes and bounds
of a lot exclusive of land area within the rights-of-way of public
roads and all utilities. In all zoning districts, when used for establishing
the minimum lot area, maximum density, maximum impervious cover or
minimum tract area in any computation of the percentage of lot area,
the term "lot area" or "lot size" shall be deemed to mean "net lot
area" or "net tract area."
[Amended 2-25-2013 by Ord. No. 196]
A lot at the junction of, and abutting on two or more intersecting
streets, or at the point of abrupt change in direction of a single
street, the interior of which is not greater than 135°. All yards
abutting streets shall be considered front yards. The remaining yards
shall be treated as side yards.
Any lot which only has access to a dedicated street by means
of an easement or right-of-way such as a shared driveway, or any lot
which has limited frontage on a dedicated street serving solely for
access to interior lands.
A lot extending between and fronting on two generally parallel
streets with access prohibited from the major or more important through
street, collector, arterial, etc.
A metal pipe or pin of at least 3/4 inch in diameter and
at least 30 inches in length, used for the purposes of establishing
the change in the angles of property lines within a lot.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A description of the boundaries of land by directions or
bearings and distances from a known point of reference,
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.
The term does not include recreational vehicles or travel trailers.
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.
A concrete pad at least six inches in thickness with at least
six tie-down rings to which the mobile home shall be secured, and
equal in length and width to the dimension of the mobile home to be
placed thereon.
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.
Written approval issued by a Township authorizing a person
to operate and maintain a mobile home park under the provisions of
this chapter.
A stone or concrete monument with a flat top at least four
inches in diameter or square, and at least 24 inches in length, used
for the purposes of establishing the exact location of all streets,
street curves, street intersections, and the dimensions of the tract
to be developed. The monument shall be tapered so that the dimensions
at the bottom be at least two inches greater than the top, to minimize
movement caused by frost.
A municipal authority incorporated under the Pennsylvania
Municipality Authorities Act, 53 Pa.C.S.A § 5601 et seq.,
authorized by law to provide utility service in New Garden Township.
[Added 10-18-2021 by Ord. No. 250]
See "Act 247."[5]
A facility, building or structure for preserving and exhibiting
artistic, historical, or scientific objects, artifacts, remains or
remnants.
[Added 10-18-2006 by Ord. No. 167]
The same as "net tract area."
[Added 10-18-2006 by Ord. No. 167]
The area of a tract remaining after the constrained lands
have been subtracted from the gross tract area. In all zoning districts,
when used for establishing the minimum lot area, maximum density,
maximum impervious cover or minimum tract area in any computation
of the percentage of lot area, the term "lot area" or "lot size" shall
be deemed to mean "net lot area" or "net tract area."
[Added 10-18-2006 by Ord. No. 167; amended 2-25-2013 by Ord. No.
196]
Any use undertaken by the Board of Supervisors of New Garden
Township that will:
[Added 10-18-2006 by Ord. No. 167]
Serve or advance a public purpose from which
the general populace of New Garden Township will derive a direct or
indirect benefit, or both;
Provide for the general welfare of the citizens
of New Garden Township;
Improve governmental processes, functions or
delivery of services;
Strengthen or increase economic development
and a consequential increase in the tax base of New Garden Township;
or
Preserve or protect agricultural land, natural
and historic resources or open space.
Any sound, which annoys or disturbs humans or animals or
which causes or tends to cause an adverse psychological or physiological
effect on humans or animals.
Any reference to, or use of the term "open space" shall mean
"common open space."
[Added 10-18-2006 by Ord. No. 167]
Except as otherwise specifically provided by the terms of this chapter, an area of land to be permanently restricted and maintained for the perpetual use and enjoyment of residents within a development or neighborhood. Common open space as part of a residential cluster design option shall comply with Zoning Ordinance Article XV and Subdivision and Land Development Ordinance § 170-49.1, Common open space.
Motorized vehicles whose primary function is not that of
personal transportation, but serve as recreational, cargo, or freight
vehicles, which are generally larger in size than personal automobiles
or other motorized vehicles used specifically for transportation.
Oversized vehicles may include, but are not limited to, vans, "high
cube" trucks, freight trucks ("tractor-trailers," "eighteen-wheelers"),
moving vans, dump trucks (including garbage trucks), flatbed trucks
and trailers, wagons, tractors, campers, travel trailers, recreational
vehicles, farm equipment, and boats.
The largest number of vehicles passing over a designated
section of a street during a one hour period during a twenty-four-hour
period. Peak periods generally occur between 6:00 a.m. and 9:00 a.m.
or between 4:00 p.m. and 7:00 p.m. during weekdays or occur at various
intervals during the weekend.
A corrected final plan showing dimensions and locations of
all streets and other improvements as actually constructed.
A diagram showing the activities and treatment of natural
features and resources, including tree masses, cutting, limits of
drainage areas, stormwater and erosion control, grading and other
pertinent conditions or features.
A complete and exact subdivision plan, prepared for official
recording as required by statute, to define property rights and proposed
streets and other improvements.
A plan stamped by a registered engineer showing the construction
details of streets, drains, sewers, water supply systems, bridges,
culverts, and other improvements as required by these regulations,
and including a horizontal plan, profiles, and cross sections, elevation
views, and other details.
The Planning Commission of New Garden Township, Chester County,
Pennsylvania.
An officially submitted land development or subdivision plan
prepared in accordance with the preliminary plan requirements section
of this chapter and providing the necessary details and information
for review by the Township in order to make an initial decision for
approval or rejection of same.
A plan prepared by an engineer or surveyor registered in
the Commonwealth of Pennsylvania showing the vertical section of the
existing and proposed grade along the center line and right-of-way
lines of any proposed street and public improvements.
A diagram or drawing that identifies the limitations and
assets of the land or site to be subdivided, to include, but not limited
to, such natural features as vistas, slope, vegetation, drainage,
soil, and man-made features.
An informal plan, not necessarily to exact scale, indicating
salient existing features of a tract and its surroundings and general
layout of the proposed subdivision or land development
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 Act 247.
A forum held pursuant to notice under the Act of October
15, 1998 (P.L. 729, No. 93), known as the "Sunshine Act."
[Amended 4-3-2006 by Ord. No. 165]
Notice published once each week for two consecutive 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 public utility as that term is defined in the Pennsylvania
Public Utility Code, 66 Pa.C.S.A. § 101 et seq.
[Added 10-18-2021 by Ord. No. 250]
The emission of fast atomic particles or rays by the nucleus
of an atom.
Sites which are included in the Pennsylvania Natural Diversity
Inventory (PNDI), the Chester County Natural Areas Inventory, or any
New Garden Township Botanical Survey as possessing floral or faunal
species of concern or sites in which federally and/or state-recognized
rare, threatened or endangered species of flora and/or fauna are present.
The land area regulated as a rare species site shall be as mapped
in the pertinent inventory or survey.
[Added 2-25-2013 by Ord. No. 196]
Activities which are intensive in nature, both in terms of
participation and in use of the land or facility where such activities
take place. Active recreation usually involves a group or groups of
participants and requires some knowledge or skill for adequate participation.
Low-intensity activities for individuals or small groups
which are usually performed in natural or seminatural surroundings.
Minimal site preparation and little, if any, structural facilities
are required to accommodate most passive recreation activities. Environmentally
sensitive areas are often suited for passive recreation activities.
The total width of any land reserved or dedicated as a street,
crosswalk, or for other public purposes.
The right-of-way assigned and required by this chapter to
be given to the public as a transportation and utility corridor, for
the purpose of future street and utility construction, improvement,
maintenance, repair, and safety concerns.
The right-of-way assigned by previous development or subdivision
or assigned by the Pennsylvania State Legislature.
A strip of land outside of the existing and dedicated rights-of-way
which shall be kept unencumbered for possible future acquisition,
for the purpose of roadway improvements. Such an area is owned and
maintained by the adjacent property owner as part of a yard, with
the understanding that the public may need to purchase it at a point
in the future.
The use of plant materials, fencing, and/or earthen berms
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 which abut one another.
A system which carries sewage from individual discharges
by a system of pipes to a common, privately owned treatment or disposal
facility serving the community or development.
A sanitary sewage treatment system that involves treatment
by means of a septic tank or other approved method, which is normally
owned, operated and maintained solely by the property owner, and is
contained within the confines of the lot on which the use it serves
is located as approved by the Chester County Health Department and/or
the Pennsylvania Department of Environmental Protection.
An off-site publicly operated system in which sewage is conveyed
to a publicly operated plant for treatment and disposal through means
approved by the Pennsylvania Department of Environmental Protection,
within a franchise area, as administered by the Township, a municipal
authority, or a public utility.
[Amended 10-18-2021 by Ord. No. 250]
A woody plant, usually deciduous, which normally grows with
one main trunk to a height in excess of 40 feet and has a canopy which
screens and filters solar radiation.
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street.
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.
Solid particles generated as a result of the incomplete combustion
of materials containing carbon.
A field test conducted to determine the suitability of the
soil for sanitary sewerage disposal facilities by measuring the absorptive
capacity of the soil at a given location and depth, performed in accordance
with the Rules and Regulations of the Pennsylvania Department of Environmental
Protection.
A unique, rare, or otherwise specifically selected plant
or tree which most typically represents a class or group in terms
of shape, form, historical importance or other characteristics which
may be designated by the Township.
The improved portion of a street or road beyond the travel
way, that has a road base of six inches of stone, and is surfaced
with pavement, or oil and chip, or dust and stone in accord with Township
road standards.
A way or thoroughfare, either public or private, used or
intended to be used by vehicular or pedestrian traffic. The term "street"
shall also include the term "road," "highway," "thoroughfare," "avenue,"
"place," "parkway," "drive," "boulevard," and any other similar term.
[Amended 10-18-2006 by Ord. No. 167]
A line lying midway between and parallel to the two edges
of the cartway.
(See Appendix B.)[7]
Minor streets are those used primarily to provide
access to abutting properties.
Collector streets are those which, in addition
to giving access to abutting properties, intercept minor streets and
provide routes, carrying considerable volumes to traffic, to community
facilities and to major traffic streets.
Marginal access streets are minor streets, parallel
and adjacent to major traffic streets, providing access to abutting
properties and control of intersections with the major traffic street.
Arterial streets are those serving large volumes
of comparatively high-speed and long-distance traffic and include
facilities classified as main and secondary highways by the Pennsylvania
State Highway Department.
Private streets are those not offered for dedication
or duly accepted by the Board of Supervisors as a public street.
A street that is divided by or traverses along a property
line, where neither property controls or provides the full right-of-way,
and cartway as may be required for streets.
The legal right-of-way line of a public street or alley.
An interior residential 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 road.
The owner, or the authorized agent of the owner, of the land
to be subdivided.
Includes:
The division or redivision of a lot, tract or
parcel of land, by any means, into two or more lots, tracts, parcels
or other revisions of land including existing lot lines for the purpose,
whether immediate or future, of lease, transfer or sale of ownership
or building or lot development. For this chapter, the word "subdivision"
shall include "land development."
The creation of a mortgage encumbering real
estate is 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 "resubdivision"
and, as appropriate in this chapter, shall refer to the process of
subdividing land or to the land subdivided.
Major: Any subdivision other than a minor subdivision.
Minor: A subdivision to which:
No public street is to be constructed or widened;
No other improvement that requires a bond or
escrow as a performance guarantee is to be constructed;
No earthmoving activities will take place except
those normal to construction of a single-family dwelling on each lot;
and
No more than three lots are created.
A combination of pollutants including disease-carrying agents
which, after discharge and upon exposure, ingestion, inhalation, or
assimilation into any organism can cause death or disease, mutations,
deformities, or malfunctions in such organisms and their offspring.
The Township of New Garden, Chester County, Pennsylvania.
Any exterior boundary of New Garden Township, Chester County,
Pennsylvania.
A professional engineer licensed by the Commonwealth of Pennsylvania,
and duly designated by New Garden Township to perform the duties of
engineer as herein specified.
An area that is radial to the trunk of a tree in which no
construction activity shall occur. The TPZ shall be 15 feet from the
trunk of the tree to be retained, or the distance from the trunk to
a location three feet beyond the dripline of the tree, whichever is
greater. Where there is a group of trees, the TPZ shall be the aggregate
of the protection zones for the individual trees. No land within the
tree protection zone shall be altered, regraded, compacted or built
upon, or used for storage, parking or movement of any vehicles.
[Added 8-12-2002 by Ord. No. 148]
Any agency that, under public franchise or ownership or certificate
of convenience and necessity, or by grant of authority by a governmental
agency, directly provides the public with electricity, gas, heat,
steam, communication, transportation, water, sewage collection or
other similar service.
[Added 10-18-2021 by Ord. No. 250]
A position or standpoint from which something is viewed or
considered.
A reciprocating movement transmitted through the earth, both
in horizontal and vertical planes.
A distant view through or along a road or opening.
A thoroughfare designed solely for interior pedestrian travel,
constructed with an all-weather surface.
An analysis which addresses the effects of proposed development
upon the dependence of the Township upon groundwater as a source of
water, the special high-quality status of many of the watercourses
of the Township, and the preservation of groundwater and surface water
resources, in accordance with the provisions of this chapter.
A system for supplying water from a common, privately owned
water source through a pipe system to individual users in a community
or development.
A safe, adequate and healthful potable water supply to a
single user from a private well or set of wells, as approved by the
Chester County Department of Health, and which are located within
the confines of the lot on which the use it serves is located.
A publicly operated system for supplying safe potable water
in sufficient quantities from a common source to two or more users
within a franchise area, as administered by a municipality, municipal
authority, or public utility as defined and regulated by the Pennsylvania
Public Utilities Commission.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturate soil conditions, including
swamps, marshes, bogs, and similar areas.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[3]
Editor's Note: See 53 P.S. § 10503
et seq.
[5]
Editor's Note: See 53 P.S. § 10101
et seq.
[6]
Editor's Note: This ordinance also provided
for the repeal of the former definition of "open space, usable," which
definition immediately followed this definition.
[7]
Editor's Note: Appendix B is attached to this chapter.
