A.
As used in this chapter, words in the singular include
the plural, and those in the plural include the singular. Words in
the present tense include the future tense; words used in the masculine
gender include the feminine and neuter.
B.
The word "person" includes corporation, unincorporated
association and partnership, as well as an individual. The word "structure"
includes the meaning of "building," and each shall be construed as
if followed by the phrase "or part thereof."
The following words, as used in this chapter,
shall have the meanings indicated below:
The removal of the surface of the land through the combined
action of man's activities and natural process at a rate greater than
would occur from natural processes alone.
The Pennsylvania Municipalities Planning Code of July 31,
1968, 53 P.S. § 10101 et seq., as amended from time to time.
A right-of-way owned and maintained by the Borough, which
serves as a secondary means of access to two or more lots.
Any change in or addition to the supporting or structural
members of a building or structure, such as the bearing walls, partitions,
columns, beams or girders; or any change which could convert an existing
building or structure into a different building or structure, or adapt
the building or structure to a different use.
[Added 12-1-1999 by Ord. No. 99-15]
A landowner or developer, including his heirs, successors
and assigns, who has filed an application for subdivision or land
development.
Every application, whether preliminary or final, 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 and for the approval of a land
development plan.
A vehicle having a seat, handlebars for steering, brakes
and two pedals, or two pedals and a small electric-assist motor by
which it is propelled. The term "bicycle" includes one-, two- and
three-wheeled vehicles, including handicap vehicles but not tricycles
for children.
[Added 9-6-2017 by Ord.
No. 2017-03]
A street corridor treatment that prioritizes and enhances
bicycle travel via traffic-calming measures, signs, pavement, markings
and crossing improvements.
[Added 9-6-2017 by Ord.
No. 2017-03]
Designated travel lanes within the cartway or along the road
shoulder for exclusive use by bicyclists. Bike lanes typically involve
a combination of supplemental indicators, including, but not limited
to, "Share the Road" Signs, sharrows and other pavement markings.
[Added 9-6-2017 by Ord.
No. 2017-03]
A fixture to facilitate bicycle parking to which bicycles
can be securely attached (typically using a bicycle lock) to prevent
theft.
[Added 9-6-2017 by Ord.
No. 2017-03]
A tract of land bounded entirely by streets, by streets and
a watercourse, by streets and a railroad, by streets and the corporate
boundaries of the Borough, by streets and public land or other park
or recreation area or any combination of the above.
The Borough of Downingtown, Chester County, Pennsylvania.
A strip of required yard space adjacent to a use or facility
within a property or to the boundary of a property or district on
which is located a visual barrier of sufficient height and density
to appropriately buffer or screen the property or use. Such barrier
shall be comprised of vegetative material, unless specific authorization
is given by the Council for alternatives (e.g., berming, fences, walls,
etc.).
A structure consisting of enclosing walls and a roof which
is used to shelter human or animal activity and/or for the enclosure
or storage of goods and materials. Any mobile home or similar structure
constructed off-site prior to placement on the ground also is a building.
The line which establishes the depths of the front yard sufficient
to provide for the minimum lot width or to provide for the minimum
front yard requirements, whichever is closer, for the particular district
as measured from the street line.
A line which dictates the placement of a building or structure
from the street right-of-way line on which the building or structure
fronts. On a corner lot, there shall be a build-to line on both sides
of the lot which have street frontage. In the case of traditional
neighborhood development, the front porch shall be placed on the build-to
line.
[Added 12-1-1999 by Ord. No. 99-15]
A pedestrian amenity located at a bus stop to provide convenience,
comfort, and shelter from the elements in the form of a structure
such as a canopy.
[Added 9-6-2017 by Ord.
No. 2017-03]
The portion of a street right-of-way, paved or unpaved, customarily
used by vehicles in the regular course of travel over the street.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street center lines.
That official of the Borough designated by the Borough Council
to administer the provisions of this chapter.
A form of ownership of real property, as defined in the Pennsylvania
Uniform Condominium Act of 1980,[1] which includes an undivided interest in a portion of a
parcel, together with a separate interest in a space within a structure.
The Council of the Borough of Downingtown.
A public right-of-way, identified by signs, lighting and/or
pavement markings, for pedestrian travel across a roadway or traffic
aisle at an intersection or any portion of a block to provide safe
pedestrian access to adjacent roads, lots, parking areas, sidewalks
or public use areas.
[Added 9-6-2017 by Ord.
No. 2017-03]
A public or private parking garage from two to four stories
in height which is used to store motor vehicles on a temporary basis.
[Added 12-1-1999 by Ord. No. 99-15]
A structure designed to retard surface water runoff for a
period of time sufficient to cause the deposition of sediment and
to reduce the velocity and volume of surface flows leaving a site,
thus preventing further erosion. Detention basins are designed to
drain completely shortly after any given rainfall event.
[Amended 12-18-2013 by Ord. No. 2013-11]
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, including improvements thereto.
A written contract between a subdivider or developer and
the landowner, on one hand, and the Borough, on the other, specifying
the conditions of final approval by the Borough.
A private means of vehicle access from a public or private street to a single lot; provided, however, that two contiguous lots may share a common driveway where the applicable requirements of this chapter and Chapter 287, Zoning, are complied with on each lot.
Activity resulting in the movement of earth or stripping
of vegetative cover from the earth.
A permanent right granted for limited use of private land,
normally for a public purpose. The owner of the property shall have
the right to make any other use of the land which is not inconsistent
with the rights of the grantee (e.g., utility, drainage and public
access easements).
A legal agreement between a property owner and an appropriate
conservation organization or governmental entity, through which the
property owner establishes certain use restrictions over all or portions
of the property for conservation purposes.
A professional engineer, licensed in Pennsylvania, and duly
designated by the Borough to perform the duties of engineer as herein
specified.
The official Engineer of the Borough.
The low areas adjoining and including a watercourse or other body of water, such as pond, marsh or lake, within the Borough which are subject to inundation by a flood having a frequency of recurrence of one in 100 years. The basis for delineation shall be prescribed in § 287-12 of Chapter 287, Zoning.
Any security which may be required of a developer by the
Borough after final acceptance by the Borough of improvements installed
by the developer. Such security may include, but is not limited to,
a federal and commonwealth lending institution irrevocable letter
of credit or restrictive or escrow account. Said security shall be
for a period of one year.
Any security which may be required of a developer by the
Borough in lieu of a requirement that certain improvements be made
before the Borough approves the developer's subdivision plan or land
development plan. Such security may include, but is not limited to,
those instruments cited above as acceptable for maintenance guaranties.
A surface that has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration of
water, including but not limited to structures such as roofs, buildings,
storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, tennis or other paved
courts; or athletic playfields comprised of synthetic turf materials.
For the purposes of determining compliance with this chapter, compacted
soils or stone surfaces used for vehicle parking and movement shall
be considered impervious. Surfaces that were designed to allow infiltration
(i.e., areas of porous pavement) will be considered on a case-by-case
basis by the Borough, based on appropriate documentation and condition
of the material, etc.
[Amended 12-18-2013 by Ord. No. 2013-11]
A stable all-weather surface constructed of materials, including,
but not limited to, concrete, asphalt, brick, pavers, flagstone, or
other similar consistent material or construction to facilitate pedestrian
movement that provides a safe walking surface and ease of maintenance
for activities such as snow shoveling.
[Added 9-6-2017 by Ord.
No. 2017-03]
Buildings, streets, curbs, gutters, streetlights and signs,
water mains, hydrants, sanitary sewer mains, including laterals to
the street right-of-way lines, storm drainage lines, stormwater management
structures, walkways, recreational facilities, open space improvements,
shade trees, buffer or screen plantings and all other additions to
the tract which are required by ordinance or are deemed necessary
to result in a complete subdivision or land development in the fullest
sense of the term.
Improvements, including but not limited to those contained
in the definition of "improvements," which are intended for dedication
to the Borough, either in fee or by easement.
A designated single-use facility with an improved surface,
primarily for use by pedestrians, typically located outside of the
road right-of-way and/or not directly adjacent to a street. A walkway
is generally used for pedestrian transportation:
[Added 9-6-2017 by Ord.
No. 2017-03]
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: 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, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code, as amended.[2]
[Added 12-18-2013 by Ord. No. 2013-11]
Any activity which causes land to be exposed to the danger
of erosion, including clearing, grading, filling, plowing or any other
earthmoving, as defined.
The legal or beneficial owner or owners of land, including
for purposes of this chapter 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 is authorized under the lease to exercise
the rights of the landowner, or other person having a proprietary
interest in land.
A lane of a cartway intended for use by vehicles entering,
leaving or crossing a lane of forward travel without interrupting
the flow of traffic.
A parcel of land, undivided by any street or dedicated future
street right-of-way. Such parcel shall be separately described by
metes and bounds, the description of which is recorded in the office
of the Recorder of Deeds of Chester County by deed description or
is described by an approved subdivision plan recorded in the office
of the Recorder of Deeds of Chester County.
The acreage contained within the property lines of a lot or tract as defined in the deed or as shown on an approved subdivision plan. For purposes of calculating the minimum lot area necessary to comply with the area and bulk requirements of Chapter 287, Zoning, the following areas shall be excluded from such calculations:
Any area used for gas, oil, natural gas, electric
or communications transmission facilities, whether below or above
ground, that do not serve the lot or lots traversed.
Any area within a street or other transportation
right-of-way.
Any area comprising a stormwater management
basin, but not including lakes, ponds or on-lot berms.
That portion or those portions of the lot in
which any of the following features, individually or in combination,
represents more than 20% of the gross area of the lot or tract: areas
overlain by the Floodplain District, areas of slope in excess of 20%,
areas of seasonally high water table soil and areas of designated
wetlands.
A lot at the junction of and abutting two or more intersecting
streets where the interior angle of the intersection does not exceed
135°. A lot abutting a curved street shall be deemed a corner
lot if the tangents to the curve at the points of intersection of
the lot lines with the street intersect at an interior angle of less
than 135°. Except as noted below, each yard abutting a street
shall be considered a front yard; any lot line intersecting a front
lot line shall be considered a side lot line. On any lot containing
a principal building at the time of enactment of this chapter, the
owner of a corner lot shall specify one street line to be the front
lot line; any other lot line abutting a street shall be considered
a side lot line.
A lot which does not adjoin a street but is connected thereto
by an access strip a minimum width of 20 feet. Minimum lot area and
other dimensional requirements shall be those of the applicable zoning
district and shall be met on that portion of the lot exclusive of
the access strip. Interior (flag) lots shall be deed restricted against
further subdivision.
A property boundary line of any lot held in single and separate
ownership, except that in the case of any lot abutting a street, the
"lot line" for such portion of the lot as abuts such street shall
be deemed to be the same as the street line and shall not be the center
line of the street or any other line within the street line, even
though such may be the property boundary line.
A lot line abutting any street and coinciding with any street
line. In the case of an interior lot, the "front lot line" shall be
the line most parallel and closest to the street line at the end of
the access strip; all other lines shall be side or rear lot lines.
A lot extending between and having frontage on an arterial
or collector street and a local street, with vehicular access solely
from the local street.
The distance in feet between the side lot lines measured
along a line parallel to the street line at the building setback line,
provided that:
The width of the lot as measured at the street
line shall be not less than 80% of the required minimum lot width.
Where a lot fronts on the circular portion of
a cul-de-sac or similarly acute curvature of a street line, the lot
width measured at the street line may be reduced when approved as
a special exception by the Zoning Hearing Board, but in no case shall
such distance be less than 50 feet.
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit, or in 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, including any
addition or accessory structure, such as porches, sheds, decks or
additional rooms. All mobile homes shall meet construction standards
set by the United States Department of Housing and Urban Development.
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.
A tapered, permanent survey reference point of stone or concrete
having a round top four inches on each side with a length of 24 inches.
A subdivision of land resulting from the dissecting of a parcel of land by a stream, creek or river designated by the Pennsylvania Department of Environmental Protection as Waters of the Commonwealth of Pennsylvania; or by streets ordained by the Borough of Downingtown or designated as a state highway by the Pennsylvania Department of Transportation; or by railroads; or by any other permanent natural or man-made feature approved by Borough Council, provided that the lots created by the dissection are not landlocked or do not violate the requirements of Chapter 287, Zoning.
[Added 5-1-2002 by Ord. No. 2002-4]
A parcel or parcels of land or an area of water or a combination
of land and water within a development and designed and intended for
the use or enjoyment of residents of the development, excluding streets,
off-street parking areas, areas set aside for public facilities and
private yards.[3]
A person traveling on foot or in a wheelchair.
[Added 9-6-2017 by Ord.
No. 2017-03]
Any area not defined as an impervious surface.
[Added 12-18-2013 by Ord. No. 2013-11]
AS-BUILTA corrected final plan showing dimensions and locations of all streets and other improvements as actually constructed.
CONSERVATIONAs required by and specified in Article IV, Natural Features Protection Standards, of Chapter 287, Zoning, a plan to accompany preliminary and final plan submissions, including a natural resources inventory, impact assessment and mitigation and maintenance proposals.
FINALAn exact and complete site design and layout plan and improvements construction plan prepared by a registered engineer to be recorded upon approval.
IMPROVEMENTS CONSTRUCTIONA component of the preliminary and final plan, prepared by a registered engineer, showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts and other improvements as required, including a horizontal plan, profiles and cross sections.
PRELIMINARYA site design and layout plan and improvements construction plan prepared by a registered engineer, in less detail than a final plan, and prepared for consideration prior to submission of a final plan.
RECORDEDA final plan, with accompanying documents as required by this chapter, which has been recorded by the applicant in the office of the Recorder of Deeds of Chester County.
SITE DESIGN AND LAYOUTA component of the preliminary and final plan, prepared by a registered engineer, showing property lines, existing and proposed streets, lots, buildings, public areas, drainage facilities, easements and other details pertinent to the proposal.
SKETCHA plan submitted, at the applicant's option, for review and discussion prior to application for preliminary plan approval, including whatever information the applicant deems useful, for example, a graphic plan, not necessarily to scale, showing approximate tract boundaries and a general layout of lots, buildings and streets.
The Planning Commission of the Borough of Downingtown.
The process of returning a property to a state of utility
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historical, architectural and cultural values.
[Added 12-1-1999 by Ord. No. 99-15]
A change in map of an approved or recorded subdivision plat,
if such change affects any street layout on map or area reserved thereon
for public use or any lot line or if it affects any map or plan legally
recorded prior to the adoption of any regulations controlling subdivisions.
A reservoir, formed from soil or other material, which is
designed to detain temporarily 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
also 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.
The total width of any land reserved or dedicated as a street,
alley or crosswalk or for any other public or private purpose.
Solid material, both mineral and organic, which is in suspension,
is being transported or has been moved from its site of origin by
water.
A system for the treatment and disposal of sewage in which
sewage is conveyed by a system of pipes to an off-site, publicly operated
treatment facility and disposed of through means approved by the Pennsylvanian
Department of Environmental Resources.
A tree in a public place, street, special easement or right-of-way
adjoining a street, as provided in this chapter.
A graphic representation of shadows cast by mature landscaping,
screening and structures, plotted with regard to topography, slope
and direction at 9:00 a.m., 12:00 noon and 3:00 p.m. on the date of
winter solstice.
Supplemental signage added to a shared roadway to warn motorists
of the increased likelihood of bicyclists.
[Added 9-6-2017 by Ord.
No. 2017-03]
A street which accommodates bicyclists and motorists in the
same travel lane. Shared roadways may be a signed bike route or include
other indicators such as "Share the Road" signs, sharrows, other pavement
markings or signage.
[Added 9-6-2017 by Ord.
No. 2017-03]
A pavement marking that increases driver awareness of shared
roadway arrangements.
[Added 9-6-2017 by Ord.
No. 2017-03]
 |
A pedestrian route, typically constructed of concrete and
parallel to a street that provides a means for pedestrians to travel
within the public right-of-way while physically separated from vehicular
traffic. Sidewalks are designed for pedestrian use.
[Added 9-6-2017 by Ord.
No. 2017-03]
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is obstructed by traffic.
OBJECT SIGHT DISTANCEMeasured from a point 4.5 feet above the center line of the road surface to a point 0.5 foot above the center line of the road surface.
VEHICLE SIGHT DISTANCEMeasured from one point 4.5 feet above the center line of a road surface to another point 4.5 feet above the center line of a road surface.
Radiant energy (direct, diffused or reflected) received from
the sun at wavelengths suitable for conversion into thermal, chemical
or electrical energy.
The space between a given location and the sun which must
remain unobstructed between 9:00 a.m. and 3:00 p.m. mean solar time
(winter solstice) in order to permit sufficient solar energy to impinge
on that location to allow efficient solar utilization.
A unique, rare or otherwise specifically selected plant or
tree which most typically represents a whole class or group, specifically
in shape, form, historical importance or any other characteristic
which may be designated as such by the Borough.
Water which surfaces, flows or collects during and subsequent
to rain or snowfall.
A right-of-way intended for general public use to provide
means of approach for vehicles and pedestrians. The word "street"
includes the words "road," "highway," "thoroughfare" and "way."
ARTERIALA 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.
COLLECTORA street designed and located to provide means to drain traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Borough to major streets and/or a street used for access to nonresidential properties, i.e., commercial, industrial, professional, etc.
MAJORA collector serving moderate levels of traffic within the Borough, providing a mix of access and mobility and linking neighborhoods.
MINORA collector serving lower amounts of traffic, providing relatively more access than mobility and serving as a major road through identifiable neighborhoods.
CUL-DE-SACA local street intersecting another street at one end and terminating at the other end by a permanent vehicular turnaround.
LOCAL STREETA street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
PRIVATE STREETA local street serving only abutting lots, which is not offered or required to be offered for dedication.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side of two or more properties.
SINGLE ACCESS STREETA local street, including but not limited to a cul-de-sac or loop design, which has only one point of intersection with an existing Borough or state road or with a proposed road having more than one access point.
The wall of a building or structure on both sides of a street,
forming the space like an outdoor room typical of a main street environment.
The street wall in Downingtown is typically a continuous alignment
of building walls (such as along Lancaster Avenue in the downtown
between Wallace Street and Green Street) or an intermittent alignment
of building walls (such as along Lancaster Avenue between Green Street
and Whiteland Avenue).
[Added 12-1-1999 by Ord. No. 99-15]
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, anchorage or other
protection. Such arrangement shall have a permanently fixed location
in or on the ground. "Structures" include but are not limited to buildings,
open sheds and similar enclosures with less than four walls and/or
a roof, signs, fences or walls over six feet in height, detached aerials
and antennas, porches, platforms, tennis and handball courts, swimming
pools, tents, tanks and towers.
Any individual, firm, partnership, association, corporation,
trust or any other group or combination acting as a unit, or agent
authorized thereby, which undertakes the subdivision or development
of land.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts or 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. Any subdivision of land for mortgage purposes shall comply with all of the requirements of this chapter and Chapter 287, Zoning. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new streets or easement of access or any residential dwellings, shall be exempted from this definition.
[Amended 12-18-2013 by Ord. No. 2013-11]
A registered surveyor licensed in Pennsylvania.
A neighborhood with a customary pattern or style, manifested
by the network system of interconnected streets and alleys, sidewalks,
dwellings placed on a build-to line, front porches, shade trees and
typically with on-street parallel curbside parking and parking accessible
from an alley.
[Added 12-1-1999 by Ord. No. 99-15]
A facility that is physically separated from the roadway
and typically accommodates bidirectional travel by more than one type
of user, such as cyclists, pedestrians, and inline skaters. The trail
should and have an improved surface (e.g., asphalt, concrete, compacted
gravel, etc.) and can be located within a publicly owned right-of-way,
an exclusive right-of-way, or an easement.
[Added 9-6-2017 by Ord.
No. 2017-03]
An analysis of the effect of all modes of transportation,
including bicycles and pedestrians, generated by a development on
the capacity, operations, and safety of the public street and highway
system. The TIS is used to determine the improvements that are necessary
to ensure that the transportation network can accommodate the new
development.
[Added 9-6-2017 by Ord.
No. 2017-03]
A permanent stream, intermittent stream, river, brook, creek
or a channel or ditch for water, whether natural or man-made.
A system owned and operated by the Downingtown Municipal
Water Authority for supplying water from a common source or sources
to all dwellings and other buildings within the Borough and which
may serve other municipalities or portions of other municipalities
and may be connected with other water supply systems.
Those areas inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support and which, under
normal circumstances, do support a prevalence of vegetation typically
adapted for life in saturated soil conditions, or as further defined
and delineated by the United States Army Corps of Engineers, the United
States Environmental Protection Agency or the Pennsylvania Department
of Environmental Protection.
[Amended 12-18-2013 by Ord. No. 2013-11]
Generally, a land area characterized by a more-or-less dense
and extensive tree cover. More particularly, a plant community predominantly
of healthy trees and other woody vegetation, well stocked and growing
more or less closely together.
