A.
Captions used in this chapter are for convenience
only and shall not control or affect the meaning or construction of
any of its provisions. Unless otherwise expressly stated or where
the context clearly indicates otherwise, the words and phrases defined
in this article, whether with initial capitalization, full capitalization,
or otherwise, shall be construed throughout this chapter to have the
meaning herein indicated.
B.
The singular shall include the plural and the plural
shall include the singular; words used in the present or past tense
shall include the future tense; and the masculine gender includes
the feminine and neuter genders. The words "shall" and "will" are
always mandatory.
C.
Whenever appearing herein, the words "person," "developer,"
"subdivider" and "owner' shall include a corporation, unincorporated
association, trust, partnership or other legal entity, as well as
an individual; the word "used" includes the words "designed, arranged
or intended to be used"; the word "occupied" includes the words "designed
and intended to be occupied"; the words "shall" and "will" are always
mandatory; the words "may" and "should" are generally permissible;
the word "building" includes a "structure" and shall be construed
as if followed by the phrase "or part thereof"; and the words and
phrases "such as," "including" and similar prefatory words are intended
to introduce matters which are illustrative of the meaning of the
sentence, clause or phrase in which such words appear without limiting
or derogating from the general application of such sentence, clause
or phrase in which such words or phrases appear.
D.
Unless specifically provided otherwise herein, any
reference in this chapter to any other ordinance of the Township,
to any federal or state law or statute, to any regulation, study,
map, survey or other matter issued or prepared by the Board of Supervisors,
or any officer or official of the Township, and/or by any federal
or state public body, or public official or officer thereof, shall
include such other ordinance, law, statute, regulation, study, map,
survey or other matter, with all amendments and supplements thereto,
and any new ordinance, law, statute, regulation, study, map, survey
or other matter substituted for the same, as is in force at the time
of application hereunder.
As used in this chapter, except where the context
clearly indicates otherwise, the following words and phrases have
the meanings indicated below:
The Americans with Disabilities Act of 1990.
A right-of-way providing secondary vehicular access to the
side or rear of two or more lots.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, personal
representatives, successors and assigns.
Every application, whether preliminary or final, for the
approval of a subdivision plan or for the approval of a land development
plan, which is required to be filed and approved prior to the start
of construction or development.
A pedal-propelled, two- or three-wheeled conveyance.
Any infrastructure that facilitates bicycling, including
striped shoulders, shared lanes, bicycle lanes, and multi-use trails.
On-road bicycle infrastructure includes striped shoulders, shared
lanes, and bicycle lanes, which are located between the edge of pavement
or curbs along a roadway.
[Added 11-13-2019 by Ord.
No. 320]
A portion of the street that has been designated by striping,
signage, and pavement markings for the preferential or exclusive public
use by bicyclists.
[Added 11-13-2019 by Ord.
No. 320]
An area bounded by streets.
The Board of Supervisors of East Whiteland Township.
Any structure which is permanently affixed to the land and
has enclosing walls or a roof.
A subordinate building, the use of which is customarily incidental to that of the principal building and is used for an accessory use, as defined in Chapter 200, Zoning, of the Code of the Township of East Whiteland, and is located on the same lot.
The line within a property defining the minimum required
distance between any structure or building to be erected and an adjacent
right-of-way and the property line.
A level loading area where the front, side, or rear door
of a bus open to receive and discharge passengers.
[Added 11-13-2019 by Ord.
No. 320]
The portion of a street or alley, right-of-way, paved or
unpaved, customarily used by vehicles in the regular course of travel
over the street; provided that the shoulder of a street shall not
constitute a part of the minimum paved cartway of a 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.
A parcel or parcels of land, or an area of water or a combination
of land and water within a development site, designed and intended
for the use or enjoyment of residents of the development, but not
including streets, off-street parking areas and areas set aside for
public facilities. Common open space shall be substantially free of
structures but may contain such improvements as are in the subdivision
or development plan, as finally approved, and as are appropriate for
the recreation of residents.
Areas of a subdivision or land development particularly subject
to erosion and/or sedimentation, such as areas not covered with vegetation
due to grading, cutting or filling; or excessively long slopes or
steep grades; or low areas with poor drainage; or wetlands; or areas
within the Flood Hazard District.
An improved right-of-way for pedestrian travel across a street,
often connecting sidewalks, paths, or multi-use trails.
[Amended 11-13-2019 by Ord. No. 320]
A single access minor local street intersecting with another
street and terminating in a vehicular turnaround at the other end.
(See Figure 1.[1])
Stone or concrete edging along a street for the purposes
of controlling drainage and providing protection and separation between
abutting land and vehicular traffic.
[Added 11-13-2019 by Ord.
No. 320]
Minimum standards for the layout by which a subdivision or
land development is developed.
A reservoir, formed from soil or other material, which is
designed to temporarily detain a certain amount of stormwater from
a drainage area in order to reduce the velocity and volume of peak
flows.
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; an applicant submitting a plan of subdivision
or land development.
The flow of water and the method, means or structures for
directing such flow, whether surface or subsurface and whether natural
or artificial.
Any structures or improvements designed, intended or constructed
for the purpose of diverting surface or ground water from or carrying
surface or ground water off streets, rights-of-way, or any other part
of a subdivision or land development.
A private vehicular access between a public or private street
and a parking area within a lot or property; a private driveway. Common
driveways shall not serve more than two single-family detached dwellings,
unless a waiver is granted by the Board, and must be the subject of
a recorded driveway maintenance agreement approved by the Board.
Any building or structure, or part thereof, designed to be
occupied as living quarters as a single housekeeping unit.
A right-of-way or other right, power, privilege or other
interest granted or reserved to use land for a limited and specified
use or purpose, and within which the owner of the property to which
the easement is subject shall not erect any permanent structures,
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the easement holder.
A professional engineer licensed and registered as such in
the Commonwealth of Pennsylvania.
The movement of soil by the action of wind and/or water.
Areas or materials which are substantially impenetrable by
liquids, such as buildings, structures, paved areas, brick, flagstone,
concrete pavers, compacted stone, walkways and patios constructed
with concrete, flagstone, slate, and similar materials. Pervious paving
materials which are designed to absorb some water constitute an impervious
surface.
Physical additions, installations, and/or changes to buildings,
structures or land such as, but not limited to, grading, paving, curbing,
inlets, streetlights, fire hydrants, water mains, sanitary sewers,
storm sewers, detention basins, retention basins, ponds, culverts,
streets, sidewalks, bridges, earthworks, monuments, open space improvements,
recreational facilities, buffer and screen plantings, street and replacement
trees and similar improvements and their appurtenances.
Minimum standards for the construction of the required improvements,
such as streets, curbs, sidewalks, water mains, sewers, drainage,
public utilities and other items required to render the land suitable
for the use proposed.
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;
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.
There is excluded from the definition of land development contained in Subsection A the following development, and no land development plan or approval shall be required for any of the following:
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; or
The addition or conversion of buildings or rides
within the confines of an enterprise which would be considered an
amusement park. For purposes of this subsection, an "amusement park"
is defined as a tract or area used principally as a location for permanent
amusement structures or rides. This exclusion shall not apply to newly
acquired acreage by an amusement park until initial plans for the
expanded area have been approved as a land development as required
by 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 purposes of this chapter.
The planting of turf, trees, shrubs, or other appropriate
vegetative materials and ground cover on a lot other than for agricultural
purposes, including the maintenance and replacement thereof, for the
purposes of erosion control, retention of surface water and precipitation,
protection against the elements, compliance with minimum standards
of this chapter, or the promotion of human comfort and welfare.
A divided highway for through traffic with partial control
of access and generally with grade separations at major intersections.
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.
The total horizontal area of the land lying within the lot
lines, excluding therefrom the area of land lying with any street
line or any public or private soil erosion or sedimentation control
structure or water retention or detention basin which requires an
easement. Access strips for interior lots shall also be excluded from
the calculation of lot area. However, the calculation of lot coverage
shall be applied to the total horizontal area of the land lying within
the lot lines, excluding only therefrom that area of land lying within
any street line.
As defined in Chapter 200, Zoning, of the Code of the Township of East Whiteland.
A lot which is surrounded on all sides by one or more lots
and adjoins a street only by an access strip designed and intended
to provide ingress and egress exclusively to the lot; a Flag lot.
(See Figure 2.[2])
A lot of record that exists at the time of application for
approval of a particular subdivision and from which one or more new
lots are proposed to be created.
A metal pipe or pin at least one inch in diameter and at
least 36 inches in length.
A stone or concrete monument with a flat top at least four
inches in diameter or square and at least 36 inches in length. The
monument shall be tapered so that the dimensions at the bottom are
at least two inches greater than the top, to minimize movement caused
by frost.
A designated corridor designed for use by both bicyclists
and pedestrians of all abilities for transportation and recreation
purposes. Multi-use trails located along or adjacent to a street are
physically separated from motor vehicle traffic by a verge area, open
space, fencing, or other barrier.
[Added 11-13-2019 by Ord.
No. 320]
A paved area adjacent to the travel lane or shoulder to accommodate
parked vehicles.
[Added 11-13-2019 by Ord.
No. 320]
A designated corridor designed for use by pedestrians of
all abilities. Paths located along or adjacent to a street are physically
separated from motor vehicle traffic by a verge area or open space.
[Added 11-13-2019 by Ord.
No. 320]
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Transportation.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, as further amended by Act 209
of 1990 and Act 131 of 1992, and as further amended from time to time.
[3]Any infrastructure that facilitates movement by pedestrians
of all abilities, including striped shoulders, sidewalks, paths, multi-use
trails, and crosswalks.
[Added 11-13-2019 by Ord.
No. 320]
A plan prepared by a registered professional engineer or
registered land surveyor showing the dimensions and locations of all
improvements as actually constructed both above and below grade.
A plan accompanying and forming a part of the preliminary
and final plans detailing the developer's provisions to mitigate impacts
on wetlands, streams, stream channels, trees and other natural features,
and for the prevention of erosion, provision for stormwater runoff
and sediment control, which includes all information required by this
chapter.
A plan prepared by a registered engineer or surveyor showing
the construction details of streets, drainage swales, pipes and conduits,
sewers, bridges, culverts and other improvements as required by this
chapter.
A complete and exact land development plan or subdivision
plan prepared by a registered engineer or registered land surveyor
for official recording as required by the PAMPC to define property
rights and proposed streets and other improvements.
The element of the Chester County or Township Comprehensive
Plan, which shall show the general location, alignment and dimensions,
and the identification and classification of existing and proposed
streets, highways and other thoroughfares.
The East Whiteland Township Planning Commission.
The Comprehensive Plan (Master Plan) and or Future Land Use
Plan and/or Ultimate Right-of-Way Plan and/or Official Map or other
such plans, or portions thereof, as may be adopted, pursuant to ordinance
or statute, for the area of the Township in which the subdivision
is located.
The Township's comprehensive plan of sewage facilities adopted
in compliance with Pennsylvania Act 537, as from time to time amended
or revised.
[4]A tentative land development plan or subdivision plan prepared
by a registered engineer or registered land surveyor, in lesser detail
than the required final plan, showing approximate proposed streets,
drainage and lot layout and other improvements required by this chapter
to be shown on that plan as a basis for consideration prior to preparation
of a final plan.
The copy of the final plan which contains the original endorsements
of the County Planning Commission and the Township Board of Supervisors
which is intended to be recorded with the County Recorder of Deeds.
A plan accompanying and forming a part of the preliminary
and final plans detailing sensitive environmental features that affect
the lot layout or design of improvements and which includes all of
the information required by this chapter.
An informal plan identifying salient features of the development
tract and its surroundings and the general layout of the proposed
subdivision or land development which includes all of the information
required by this chapter.
A plan showing all locations, sizes and types of water, gas,
and electric lines, all sanitary sewer mains, profiles and laterals,
all storm sewers and gradients, all streetlights, all fire hydrants,
all service connections, and all other data pertaining to existing
or proposed facilities which is prepared in accordance with the requirements
of this chapter.
The map or plan of the subdivision or land development, whether
preliminary or final.
Park, Open Space and Recreation Areas.
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 12-9-2015 by Ord.
No. 274-2015]
A formal meeting held pursuant to public notice by the Board
or the Planning Commission intended to inform and obtain public comment
prior to the Board taking action in the approval of a subdivision
plan or land development plan.
A forum held pursuant to notice under the Act of July 3,
1986, P.L. 388, No. 84, as amended, known as the "Sunshine Act."[5]
Notice published once each week for two successive 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.
An existing or proposed street, whether public or private,
which is intended to service residential properties.
[Added 11-13-2019 by Ord.
No. 320]
A reservoir, formed from soil or other material, which is
designed to temporarily detain a certain amount of stormwater from
a drainage area in order to reduce the velocity and volume of peak
flows. Unlike detention basins, retention basins always contain water,
and thus may be considered man-made lakes or ponds.
A lot extending between and having frontage on two generally
parallel streets (excluding service streets or alleys), with vehicular
access solely from one street.
An examination of the sketch plan, preliminary plan and/or final plan by the Planning Commission, the Township Engineer, the Board, other Township commissions having review authority over any aspect of the proposed subdivision or land development, the Chester County Planning Commission and the Township Solicitor or other appointed consultant, for the purpose of determining compliance with this chapter and the administrative regulations, design standards and improvement specifications enacted pursuant hereto, Chapter 200, Zoning, of the Code of the Township of East Whiteland and other applicable Township ordinances and regulations, and for the purpose of verifying compliance with applicable state and federal laws.
The land acquired, reserved or dedicated as a street, alley,
crosswalk or for other public purposes.
The portion of a street right-of-way which is paved and customarily
used by vehicles in the regular course of travel over the street;
the cartway. Where a street is unpaved, it constitutes the beaten
path of travel of vehicles in the regular course of travel over the
street.
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a treatment and disposal
facility, generally serving a single subdivision or land development,
in accordance with a permit duly issued by PADEP.
Any structure designed to treat sanitary sewage within the
boundaries of any individual lot for which a permit has been duly
issued by the governmental agency having jurisdiction.
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a publicly owned central
treatment and disposal plant.
The resulting residue from the movement of water, ice, wind,
gravity or other means of erosion.
A covered watertight settling tank in which raw sewage is
changed into solid, liquid and gaseous states to facilitate further
treatment and final disposal.
Signage and pavement markings on a street used to indicate
shared use of a travel lane by bicycles and other vehicles. Pavement
markings may include a sharrow, which is a bicycle symbol with two
chevron arrows denoting the direction of travel.
[Added 11-13-2019 by Ord.
No. 320]
The portion of the roadway adjacent to a travel lane which
is not intended for vehicular movement or parked vehicles.
[Added 11-13-2019 by Ord.
No. 320]
Paved right-of-way, adjacent to but separated from a street
or driveway that is accessible and designed for use by all pedestrians.
[Added 11-13-2019 by Ord.
No. 320]
The longest required line of unobstructed vision along the
roadway visible to the driver of a passenger vehicle at any given
point on the roadway measured from a point 3 1/2 feet above the
center line of the road surface to an object 3 1/2 feet above
a proposed new intersecting street and as measured 10 feet back from
the existing pavement edge.
A cul-de-sac street, loop street, or internal street network
which has one point of access with no other outlet for use by regular
traffic.
[Added 11-13-2019 by Ord.
No. 320]
The ratio of a change in elevation (rise) over a horizontal
distance (run) as measured between four consecutive two-foot contour
lines. The ratio of a slope shall be expressed as a percentage.
[Amended 6-21-2021 by Ord. No. 337-2021]
A field test conducted according to the requirements of PADEP
to determine the suitability of the soil for on-site sanitary sewage
disposal facilities by measuring the absorptive capacity of the soil
at a given location and depth.
An area of land that is characterized by a slope of 15% or
more.
[Added 6-21-2021 by Ord. No. 337-2021]
An area of land that is characterized by a slope of 25% or
more.
[Added 6-21-2021 by Ord. No. 337-2021]
A strip of land, including the entire right-of-way, intended
for general public use as a means of vehicular and pedestrian circulation
to provide access to more than one lot. The term includes and is synonymous
with avenue, boulevard, court, expressway, highway, lane, road, thoroughfare,
way, and all other similar terms. Streets are further classified according
to the functions they perform:
MINOR LOCAL STREETA street which serves low volumes of traffic on primarily short distance trips and provides a high degree of access to abutting properties.
COLLECTOR STREET or FEEDER STREETA street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or other collector and major streets (streets in industrial and commercial subdivisions shall generally be considered collector streets); or which connects a local street system with a major street or highway system.
MAJOR STREET or THROUGH HIGHWAY (ARTERIAL)A 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; or a highway on which preference is given to the through movement of traffic at the expense of cross traffic.
A line which is of equal distance from both street lines.
A street wherein paving and other required improvements exist
and are in compliance with Township street standards specified either
in this chapter or by other Township regulation/specifications.
The dividing line between a lot and the outside boundary
or right-of-way line of a public or private street.
A street which has not been dedicated and deeded to or accepted
by the Township.
A street which has been dedicated and deeded to and accepted
by the Township or the Commonwealth of Pennsylvania for public use.
A street which has access to an existing public street and
circulation system at only one point. Culs-de-sac and loop roads are
single access streets.
A portion of the overall street adjacent to the travel lane
that has been striped to provide a clear area for use by bicyclists
and/or pedestrians with an identified striped buffer area separating
the vehicular travel lane and the shoulder.
[Added 11-13-2019 by Ord.
No. 320]
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A subordinate structure, the use of which is customarily
incidental to the use of the principal building or lot, and which
is located on the same lot as the principal building or principal
use.
Any individual, copartnership or corporation or agent authorized
thereby, which undertakes the subdivision of land, as defined by these
regulations, as the owner, lessee or equitable owner or agent authorized
thereby of the land being subdivided; a developer.
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 devises, transfer of ownership or 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
dwelling, shall be exempted.
The Board of Supervisors of East Whiteland Township.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A system of open-jointed or perforated pipes laid in the
upper strata of the soil to distribute sewage effluent into the soil
for absorption and evaporation.
A professional engineer registered in the Commonwealth of
Pennsylvania, duly designated by the Board to perform the duties of
Township Engineer.
One or more contiguous lots assembled for the purpose of
development.
The portion of a roadway for movement of vehicles in one
direction, not including shoulders, on-street parking lanes, or bicycle
lanes.
[Added 11-13-2019 by Ord.
No. 320]
A strip of grass, vegetation, or pavers, sometimes containing
trees, located between a street and a sidewalk, path, or multi-use
trail.
[Added 11-13-2019 by Ord.
No. 320]
A perennial or intermittent channel, stream, brook, river,
creek, ditch for water, swale, drain, dry run, or spring, whether
natural or man-made.
A system for supplying and distributing water from a common
source to dwellings and other buildings but generally not confined
to one subdivision and approved by PADEP or other governmental agency
having jurisdiction; a public water system.
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
Those areas of land 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 saturated soil conditions, including
swamps, hydric soil areas, marshes, bogs and similar areas. The term
includes but is not limited to wetland areas listed in the Pennsylvania
State Water Plan, the United States Forest Service Wetland Inventory
of Pennsylvania, the Pennsylvania Coastal Zone Management Plan, the
United States Fish and Wildlife Service Wetland Inventory, a wetland
area designated by a river basin commission, and those areas otherwise
designated or considered wetlands, either now or hereafter from time
to time, by the United States Army Corps of Engineers, the United
States Fish and Wildlife Service, PADEP, and such other governmental
agencies having jurisdiction over or competency concerning wetlands.
The East Whiteland Township Zoning Ordinance of 1966, as
amended 1975, and as further amended from time to time.
[6][1]
Editor's Note: Figure 1 is included at the end of this chapter.
[2]
Editor's Note: Figure 2 is included at the end of this chapter.
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
[4]
Editor's Note: See 35 P.S. § 750.1
et seq.
[5]
Editor's Note: See now 65 Pa.C.S.A. § 701
et seq.
