Unless expressly stated otherwise, the words
and phrases within quotation marks in this paragraph will be construed
throughout this chapter as having the meanings indicated herein. The
singular will always include the plural and the plural will always
include the singular. Any sentence in the past or present tense will
be construed to apply also in the future tense. The words "person,"
"applicant," "subdivider," and "owner" will include any corporation,
unincorporated association, partnership or other legal entity as well
as any individual. The word "building" will include the word "structure."
The word "watercourse" will include channel, creek, ditch, dry run,
spring, stream, and river. The words "shall" and "will" are always
mandatory.
In this chapter, except where content clearly
indicates otherwise, the following words and phrases have the meaning
indicated:
Any property owner whose property adjoins or abuts an applicant’s
property, regardless of whether a roadway, Township boundary, or natural
feature, including but not limited to streams, intervenes between
the boundaries of the properties.
[Added 5-9-2011 by Ord. No. 1-2011]
A right-of-way providing secondary vehicular access to the
side or rear of a lot or lots.
A legal or equitable landowner or developer or his authorized
agent, including his heirs, successors and assigns, or hereinafter
defined, who has filed an application for subdivision or land development.
Every application, whether preliminary 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 development plan.
An area bounded by streets.
Unless specifically designated to the contrary, the Pocopson
Township Board of Supervisors.
Anything constructed or erected, the use of which demands
its permanent location on the land, or anything attached to something
having a permanent location on the land. All buildings are limited
to a maximum height of 35 feet as defined by the Township's Building
Code,[1] as it may be changed from time to time.
[Amended 10-13-1999 by Ord. No. 2-1999]
The total area of land covered by a building, measured on
a horizontal plane.[2]
The paved surface of a street or alley available for vehicular
traffic.
A statement, signed by the Township Building Inspector or other official designated by the Board, setting forth that a proposed building or structure and its intended use complies with the Township Building Code and with Chapter 250, Zoning, or that a building, structure, or parcel of land may lawfully be employed for specific uses, or both.
[Amended 5-9-2011 by Ord. No. 1-2011]
An area of unobstructed vision at a street intersection,
defined by lines of sight between points at a given distance from
the intersection of the street center line.
Unless specifically designated to the contrary, the Pocopson
Township Planning Commission.
A parcel or parcels of land, an area of water or combination
of land and water within a development site, not including streets,
off-street parking areas or areas set aside for public facilities,
designated and intended for the use and/or enjoyment of the development's
residents. It must be substantially free of structures but may contain
such improvements as are in the subdivision or development plans as
finally approved and are appropriate for residents' recreation.
The official public document of current adoption consisting
of maps, charts and textual matter, that constitutes a policy guide
to decisions about the physical and social developments of Pocopson
Township.
An integrated system of interlinking pathways to provide
recreation and alternative transportation opportunities that may be
designated as bikeways for the exclusive or nonexclusive use of nonmotorized
bicycles or as trails to be used only by pedestrians, cross-country
skiers, equestrians, or others as the Township may designate. Such
trails and bikeways shall generally parallel streets and roads either
within the rights-of-way of such streets and roads or off-road within
trail easement corridors. The system may be generally delineated by
a Trails Map that delineates existing trails and bikeways and corridors
along which trails and bikeways shall be provided as part of the subdivision
and land development process and may be acquired in some instances
by the Township or PennDOT.
[Amended 11-19-2003 by Ord. No. 3-2003]
A form of ownership of real property including an undivided
interest in a portion of a parcel, together with a separate interest
in a space within a structure, subject to the provisions of the Uniform
Condominium Act of July 2, 1980, P.L. 286, No. 82.[3]
An area especially subject to erosion, sedimentation, or
flooding, such as areas not covered with vegetation due to grading,
cutting or filling, areas containing exposed subsoils or mixtures
of soil horizons, and areas of excessively long slopes or steep grades.
A street with access at one end and terminated at the other
by a paved vehicular turnaround.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
or land development.
A private means of access from a public or private street
to a single lot.
COMMON/SHARED DRIVEWAYA private means of access from a public or private street to more than one parcel.
[Amended 5-9-2011 by Ord. No. 1-2011]
A right-of-way granted, but not dedicated, to use private
land for a specified purpose, within which the owner shall erect no
permanent structures but may use the land in any other way that is
not inconsistent with the grantee's rights.
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
Movement of soil by action of wind and/or water.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or moved and shall include the conditions resulting therefrom.[4]
Grading, paving, curbing, street lights and signs, fire hydrants,
wells, water mains, sanitary sewers, sidewalks, parking areas, crosswalks,
street shade trees, monuments, recreation areas, storm drain and other
storm runoff control structures, bridges, culverts, erosion, and sediment
control measures, and other items required by this chapter.
The improvement of one lot or two or more contiguous
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. Those activities described
in Section 503(1.1) of the Municipalities Planning Code[6] shall not be considered land development for purposes
of this chapter.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purpose of this chapter.
A parcel of land, undivided by any street or private road
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 description
or is described by an approved subdivision plan recorded in the Office
of the Recorder of Deeds of Chester County.
[Amended 5-9-2011 by Ord. No. 1-2011]
The area contained within the property title lines of the
individual parcels of land as shown on a subdivision plan, excluding:
A lot which does not adjoin a street but is connected thereto
by an access strip of required minimum width. Minimum lot area and
other dimensional requirements shall be those of the applicable zoning
district, and shall be measured on that portion of the lot exclusive
of the access strip.
A lot extending between and having frontage
on an arterial or collector street and a residential street interior
to a development, with vehicular access solely from the latter.
A lot extending between and having frontage
on two generally parallel streets, with vehicular access only from
a local street or the street with the lower functional classification.
A metal pipe or pin of at least 1/2 inch diameter, and at
least 24 inches in length.
A stone or concrete monument with a flat top at least four
inches across and at least 24 inches in length, to the top of which
is permanently affixed a brass or copper marker.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended and reenacted by Act 170 of 1988, 53 P.S. § 10101
et seq., and any other subsequent amendments thereto.
Any natural person, corporation, partnership, joint venture,
sole proprietorship, firm, association and any other entity of whatever
type.[7]
AS-BUILTA corrected final plan, showing dimensions and locations of all streets and other improvements as actually constructed.
CONSERVATIONA plan to accompany preliminary and final plan submissions detailing stream channels, tree masses, existing trails, and other natural features, and measures to protect the same and prevent erosion and sedimentation during construction.
FINALA complete and exact land development or subdivision plan prepared by a registered engineer, defining property lines, proposed streets, drainage facilities, easements, trails, and other improvements, and which is to be recorded upon approval.
IMPROVEMENT CONSTRUCTIONA plan prepared by a registered engineer showing the construction details of streets, drains, sewers, bridges, culverts, and other improvements as required by these regulations, and shall include a horizontal plan, profiles and cross-sections.
PRELIMINARYA land development or subdivision plan prepared by a registered engineer, in lesser detail than a final plan, showing approximate property lines, proposed streets, drainage facilities, easements and other improvements, for consideration prior to preparation of a final plan. The existing features and resources analysis map, as set forth in § 190-23, shall be provided as part of preliminary plan submission and is recommended to accompany sketch plan submission, to the extent that required information is available at the time of sketch plan submission.
[Amended 11-19-2003 by Ord. No. 3-2003]
PROFILEA plan prepared by a registered engineer or surveyor showing the vertical section of the existing grade and proposed grade along the center line of any proposed street, and any street appurtenances to be constructed or installed, which must include a typical cross-section of the street construction; part of the required submission for an improvement construction plan.
SKETCHA plan submitted for review and discussion prior to application for preliminary plan approval, not necessarily to exact scale, indicating the location of stream channels, tree masses and other natural features, and a general layout of the proposed subdivision or land development.
The Pocopson Township Planning Commission.
A map or plan, preliminary or final, of a subdivision or
land development.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
[Added 5-9-2005 by Ord. No. 2-2005]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township or by other
means as may be permitted by Pennsylvania law. Such notice shall state
the time and place of the hearing or meeting 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 prior to the date of the hearing or meeting.
[Amended 11-28-2005 by Ord. No. 3-2005; 5-9-2011 by Ord. No. 1-2011]
All those attorneys' fees incurred by the Township in bringing
an action to enforce this chapter and collect fines and penalties
in connection therewith and shall be at that hourly rate annually
approved by the Board for the Township Solicitor.
[Added 11-28-2005 by Ord. No. 3-2005]
The total width of any land reserved or dedicated as a street,
alley or crosswalk or for any other public purpose.
ULTIMATE RIGHT-OF-WAYThe total width of land necessary to be reserved to, or dedicated, as a street, alley or crosswalk or for any other public purpose in order to comply with requirements of this chapter.
The minimum distance that a building must be from a lot line
and/or street or shared driveway right-of-way in the front, side or
rear of the building.
[Added 11-26-2007 by Ord. No. 6-2007]
The required open space extending from the side lot line
and continuing throughout the whole depth of the lot (excluding street
line).
The length of a line of unobstructed vision from a point
three feet six inches above the street (height of eye) to a point
or object three feet six inches above the street (height of object),
on the same street or an intersecting street. When measuring sight
distance at an intersection with a commercial driveway or a street,
measurement shall be made from height of eye at a point 15 feet behind
the curbline, or edge of outside lane where there is no curb, to height
of object at a location along the intersecting street. The required
distance of unobstructed vision shall be as specified in this chapter.
[Amended 11-19-2003 by Ord. No. 3-2003]
A field test that measures absorptive capacity of soil, conducted
according to the requirements of the Pennsylvania Department of Environmental
Protection, to aid in determining whether the soil is suitable for
on-site sewage disposal facilities.
A public (dedicated) or private (undedicated) right-of-way,
intended for use as a means of vehicular and pedestrian circulation
to provide access to more than one lot. The word "street" includes
thoroughfare, avenue, boulevard, court, drive, expressway, highway,
alley, lane, service street, and road or other similar terms.
Any assembly of materials above or below the surface of land
or water, including but not limited to buildings, mobile homes, fences
(except single-strand wire), dams, fills, levees, bulkheads, dikes,
jetties, embankments, causeways, culverts, roads, railroads, and bridges.
[Amended 11-28-2005 by Ord. No. 3-2005]
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership of building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
or agricultural dwelling, shall be exempted.
[Amended 11-28-2005 by Ord. No. 3-2005]
MAJORAny subdivision other than a minor subdivision and any land development.
MINORA subdivision dividing a tract in a residential zoning district into three or less lots, and in which the installation of new roads or streets, storm sewer systems, or private streets serving more than three lots, off-site sewage facilities or off-site water supply facilities is neither proposed nor required. In addition, any divisions of land for agricultural leasing purposes into parcels of more than 10 acres, not involving any new street or easement access or structures.
A low-lying stretch of land which gathers or carries surface
water runoff.
The Township of Pocopson, Chester County, Pennsylvania.
A linear structure not less than five feet in width, composed
of compacted stone, macadam, or concrete or other material as approved
by the Board of Supervisors, and constructed to Township specifications.
Trail(s) shall be designed to provide alternative transportation and
recreational opportunities for exclusively nonmotorized movement of
people, including pedestrians, cross-country skiers, equestrians,
bicyclists or others as the Township may designate. A trail may be
constructed within the rights-of-way of streets and roads as a bikeway
to accommodate higher-speed bicycling and other users or as an off-road
trail that may be located within a defined trail corridor secured
by a trail easement.
[Amended 11-19-2003 by Ord. No. 3-2003; 5-9-2011 by Ord. No. 1-2011]
Groups of three or more trees of minimum three-inch dbh whose
branches or foliage overlap or generally appear to form a continuum.
Those elements, features, or attributes of a landscape which
are the most distinctive determinants or results of a particular natural
ecosystem and man's intervention, and which can provide tangible as
well as intangible benefits to the public when preserved or protected,
including but not limited to the following:
Trees over 12 inches caliper at three feet above
the ground.
Uncommon or rare trees or shrubs.
Areas with abundant, diverse native wildflowers
or which contain rare or endangered native plants.
Significant, unusual, or uncommon rocks, barrens,
geological areas or outcrops.
Wildlife conservation or habitat areas such
as den trees, brush, or thicket habitats.
Wetlands, marshes, swamps or floodplains.
Scenic overlooks, views, vistas.
Woodlands.
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water, whether natural or man-made.
Those areas that are inundated or saturated by surface or
groundwater at a frequency or duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas.
Generally land 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.
An open or unoccupied area around the inner periphery of
a lot; a yard extends parallel to lot lines and street lines, is measured
as distance perpendicular to lot and street lines, but does not include
courtyards or other spaces enclosed by three or more sides of a building.
[Amended 11-26-2007 by Ord. No. 6-2007]
[2]
Editor's Note: The former definition of "building
setback line," which immediately followed this definition, was repealed
11-26-2007 by Ord. No. 6-2007.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[4]
Editor’s Note: The definition of “flood fringe,”
which immediately followed this definition, was repealed 8-14-2017
by Ord. No. 1-2017.
[5]
Editor’s Note: The definition of “floodway,”
which immediately followed this definition, was repealed 8-14-2017
by Ord. No. 1-2017.
[6]
Editor's Note: See 53 P.S. § 10503(1.1).
