In this chapter the following rules of interpretation
shall be used:
A.
The word "lot" includes the word "plot or parcel."
B.
Words in the present tense may imply the future tense.
C.
Words used as singular imply the plural.
D.
The masculine gender includes the feminine and neuter
genders.
E.
The word "person" includes a partnership, corporation,
association, trust, estate or any other legally recognized entity
as well as an individual.
F.
The word "shall" is to be interpreted as mandatory.
[Amended 10-4-1995 by Ord. No. 1995-5; 7-19-2006
by Ord. No. 2006-01]
Unless otherwise stated, the following words
and phrases shall be construed throughout this chapter to have the
meanings indicated in this section:
The removal of the surface of land through the combined action
of man's activities and the natural processes at a rate greater than
would occur because of the natural process alone.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
Any person, other than a landowner or developer, who, acting
for the landowner or developer, submits to the Planning Commission
and Township Supervisors subdivision or land development plans for
the purpose of obtaining approval thereof.
The cultivation of the soil and the raising and harvesting
of the products of the soil including, but not by way of limitation,
nurserying, horticulture, forestry and the breeding and raising of
customary domestic animals, for the purpose of profit.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including but not limited to, an application for a building permit
for the approval of a subdivision plot or plan or for the approval
of a land development plan.
Activities, facilities, designs, measures, or procedures
used to best manage stormwater impacts to provide water quality treatment,
infiltration, volume reduction, and/or peak rate control, to promote
groundwater recharge, and to otherwise meet the purposes of Ord. No.
2014-01. Stormwater BMPs are commonly grouped into one of two broad
categories or measures: "structural" or "nonstructural." In Ord. No.
2014-01, nonstructural BMPs or measures refer to operational and/or
behavior-related practices that attempt to minimize the contact of
pollutants with stormwater runoff, whereas structural BMPs or measures
are those that consist of a physical device or practice that is installed
to capture and treat stormwater runoff. Structural BMPs include, but
are not limited to, a wide variety of practices and devices from large-scale
retention ponds and constructed wetlands to small-scale underground
treatment systems, infiltration facilities, filter strips, low-impact
design, bioretention, wet ponds, permeable paving, grassed swales,
riparian or forested buffers, sand filters, detention basins, and
manufactured devices.
[Amended 5-21-2014 by Ord. No. 2014-01]
An area bounded by streets.
The East Caln Township Board of Supervisors.
A building is any structure which has enclosing walls and
a roof including house trailers and mobile homes.
The building envelope is that area of the lot which has no
building restrictions. The building envelope shall not include the
area of any required setbacks (except for driveways which cross yards),
buffer yards or floodplains.
A line within a property defining the required minimum distance
between any structure and the adjacent right-of-way line or property
line.
The portion of a street or alley intended for vehicular use.
A natural or artificial open drainage feature that conveys,
continuously or periodically, flowing water and through which stormwater
flows. Channels include, but shall not be limited to, natural and
man-made drainageways, swales, streams, ditches, canals, and pipes
flowing partly full.
[Amended 5-21-2014 by Ord. No. 2014-01]
An area of unobstructed vision at the intersection of two
or more streets, access drives or alleys. It is defined by lines of
sight between points at a given distance from the intersection of
the centerlines of both streets. No obstructions higher than 3 1/2
feet are permitted.
United States Army Corps of Engineers.
A private driveway utilized by two separate lots or dwelling
units for access to a public or private street.
A parcel or parcels of land, an area of water or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
A sewage disposal system, other than a public sewer system,
which provides sewage disposal for two or more units of occupancy
which shall comply with all applicable regulations of the Department
of Environmental Protection or other regulatory agency.
A water supply system, other than a public water system,
providing water for more than two units of occupancy which shall comply
with all applicable regulations of the Department of Environmental
Protection or other regulatory agency.
A form of mitigating for wetlands lost due to construction
by planning, excavating and planting a new wetland area.
The East Caln Township Comprehensive Plan, as amended.
The Chester County Planning Commission.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround. Cul-de-sac streets which extend
to the property limits and are designed for future extension shall
be known as temporary. Cul-de-sac streets which do not extend to the
property limits and are not intended for future extension shall be
known as permanent.
A structure with appurtenant works which carries a watercourse
under or through an embankment or fill.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic;
all curbs shall be constructed in accordance with the specifications
in this chapter or any other ordinance enacted by the Board of Supervisors
setting requirements for the construction of roads, curbs and sidewalks.
The deliberate appropriation of land by its owner for general
public use.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
The design speed for streets designed in accordance with
this chapter shall equal the proposed posted speed plus five miles
per hour.[1]
An impoundment designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate. Detention basins are designed to drain completely shortly after
any given rainfall event.
[Amended 5-21-2014 by Ord. No. 2014-01]
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; a subdivider.
The provisions for development, a plat of subdivision, all
covenants relating to use, location and bulk of buildings and other
structures, intensity of use or density or development, streets, ways
and parking facilities, common open space and public facilities. The
phrase "provisions of the development plan" shall mean written and
graphic materials referred to in this definition.
A lot, other than a corner lot, fronting on two streets.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of carrying surface
waters off streets, public rights-of-way, parks, recreational areas
or any part of any subdivision or contiguous land areas.
A building or portion thereof, forming a single habitable
unit with facilities which are used or intended to be used for living,
sleeping, cooking and eating exclusively by one family.
A right of use granted by a landowner to allow a grantee
the use of the designated portion of land for a specified purpose.
[Amended 5-21-2014 by Ord. No. 2014-01]
Any driveway or other entrance from a public or private road.
A field road providing access to agriculturally used fields and not
providing access to any residential, commercial or industrial structure
is not considered an easement of access.
A device used to slow the velocity of stormwater particularly
at points of concentrated discharge such as pipe outlets.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The process by which the surface of the land, including water/stream
channels, is worn away by water, wind, or chemical action.
[Amended 5-21-2014 by Ord. No. 2014-01]
A letter of credit or other form of guarantee in accordance with the requirements of Article V of the Municipalities Planning Code posted by a developer to secure the completion of improvements indicated on an approved plan.
The area of inundation which functions as a conveyance, storage
or holding area for floodwater to a width required for a one-hundred-year
flood.
Any combination of structural and/or nonstructural provisions,
additions, changes or adjustments, structures or contents which are
designed or adapted primarily to reduce or eliminate flood damage
to those structures or contents already located within the floodplain.
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
The slope expressed in a percent which indicates the rate
of change of elevation in feet per 100 feet.
A manmade drainage way of parabolic or trapezoidal cross
section shaped to required dimensions and vegetated for safe disposal
of runoff. (Also known as a swale.)
That portion of a right-of-way carrying surface drainage.
A condition, not economic in nature, not caused by the applicant
or developer for which he may request a waiver.
A retention or detention pond.
An unincorporated association or not-for-profit corporation
whose membership consists of the lot owners of a residential development.
A homeowners' association shall also include a condominium unit owners'
association. All such associations shall comply with the requirements
for unit owners associations contained in the Pennsylvania Uniform
Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and the Pennsylvania
Planned Community Act, 68 Pa.C.S.A. § 5101 et seq.
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
and storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, paver areas and paved
courts; or athletic playfields comprised of synthetic turf materials.
[Amended 7-20-2011 by Ord. No. 2011-02; 4-13-2016 by Ord. No. 2016-02]
Materials such as gravel, mulch and stone may be excluded from
the calculation of lot coverage when designed and maintained as part
of a predominantly vegetated surface, including landscaping and stormwater
management facilities.
When determined by the Township as appropriate, porous pavement
may be used for stormwater management purposes but shall not be excluded
from the calculation of lot coverage.
When used for driveways, parking areas or other areas subject
to settling, sedimentation or compaction, all materials shall be evaluated
for runoff in their most impervious condition.
Pool surface area is not considered impervious. However, coping,
decking and any patio area surrounding the pool is determined to be
impervious and shall not be excluded from the calculation of lot coverage.
The construction of any type of structure or pavement excluding
driveways.
Any system of piping tanks or other facilities serving a
single lot and collecting and disposing of sewage, in whole or in
part, into the soil and any waters of the Commonwealth of Pennsylvania
or by means of conveyance to another site for final disposition and
which is located upon the lot which it serves.
A land development as defined by the Pennsylvania Municipalities
Planning Code, as amended.
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.
A professional landscape architect licensed as such in the
Commonwealth of Pennsylvania.
A map showing the site with relation to adjoining areas.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
The total horizontal area within the lot lines of a lot following
exclusion of:
Areas within an existing or proposed, public
or private, easement or right-of-way the terms or conditions of which
restrict or limit the nature, dimensional characteristics or intensity
of development or development activities within the said easement
or right-of-way.
In the case of an interior lot, any right-of-way,
easement or accessway connecting such interior lot to a road or street.
Areas of steep slope, watercourses, wet and
alluvial soils, floodplains and wetlands described in the Zoning Ordinance
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.
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 parcel or contiguous parcels of land which have been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A building providing separate living quarters for two or
more families.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L 805, No. 247, as amended and reenacted, December 21,
1988, P.L 1329, No. 170 et seq.
A natural watercourse or channel (non manmade) with definite
bed and banks which confine and conduct continuously or periodically
flowing water.
Any use other than single- or multifamily dwellings. An institutional
use in which persons may reside, such as a dormitory, prison, nursing
home or hospital shall be considered a nonresidential use.
National Wetland Inventory.
The control of runoff to allow water falling on a give site
to be absorbed or detained on site to the extent that after development
the peak rate of discharge leaving the site is no greater than if
the site had remained undeveloped.
The owner of record of a parcel of land.
An area on a lot utilized for the parking of vehicles for
a single unit of occupancy.
An area on a lot containing any use other than agricultural
or one single-family detached dwelling for the parking of three or
more vehicles. Also known as a "parking lot."
A dustless, all-weather surface designed and constructed
according to all applicable regulations for the storage of one vehicle.
The maximum rate of flow of water at a given point and time
resulting from a specified storm event.
FINAL PLANA complete and exact subdivision and/or land development plan, including all supplementary data specified in § 185-17 of this chapter.
IMPROVEMENT CONSTRUCTION PLANA complete and exact subdivision and/or land development plan, prepared in accordance with Article V of this chapter, the sole purpose of which is to permit the construction of only those improvements required by this chapter, as an alternative to guaranteeing the completion of those improvements by a corporate bond or other surety.
LOT ADD-ON PLANA complete and exact subdivision plan including all supplementary data specified in § 185-18 of this chapter.
PRELIMINARY PLANA subdivision and/or land development plan including all required supplementary data specified in § 185-16 of this chapter, showing approximate locations.
RECORD PLANA final plan which contains the original endorsement of the local municipality and the Planning Commission which is intended to be recorded with the Chester County Recorder of Deeds.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of a proposal prepared in accordance with § 185-15 of this chapter.
The East Caln Township Planning Commission.
A revision to the Township Official Plan submitted in connection
with the request for approval of a subdivision or land development
in accordance with DEP regulations.
A municipal sanitary sewer system approved and permitted
by DEP and owned by the Sewer Authority or Township.
A municipal water supply facility approved and permitted
by DEP and owned by the water provider or Township or a water supply
facility owned by a public utility and operated in accordance with
a certificate of public convenience granted by the Pennsylvania Public
Utility Commission.
A circular or square plot of a given area used to determine
the dominant plant species within a site.
Set of prints of the original facilities showing those changes
made during the construction process.
The Recorder of Deeds in and for Chester County, Pennsylvania.
A location designated as the future location of an individual
on-lot sewage system that shall be installed should the initial individual
on-lot system installed, or to be installed, fail or otherwise become
inoperable and which shall meet all the regulations of DEP and all
applicable Township ordinances for an individual on-lot sewage system.
Any subdivision or transfer of land laid out on a plan which
has been approved by the Township which changes or proposes to change
property lines and/or public rights-of-way not in strict accordance
with the approved plan.
A pond containing a permanent pool of water designed to store
runoff for a given storm event and release it at a predetermined rate.
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the latter.
Land set aside for use of a street, alley, utilities or other
public or quasi-public purpose.
A temporary dam or barrier constructed across a waterway
or at other suitable locations to intercept the runoff and to trap
and retain the sediment.
The length of street, measured along the centerline, which
is continuously visible from any point 3 1/2 feet above the centerline.
A system of pipes, conduits, swales or other similar structures
including appurtenant works which carries intercepted runoff, and
other drainage, but excludes domestic sewage and industrial wastes.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
A program of controls and measures including BMPs designed
to regulate the quantity and quality of stormwater runoff from a development
while promoting the protection and conservation of groundwaters and
groundwater recharge.
Those controls and measures used to affect a stormwater management
program.
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel. Street includes
avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct
and any other ways used, or intended to be used, by vehicular traffic
or pedestrians whether public or private. Unless the existing streets
within the Township are officially classified, the following general
classifications will prevail:
ACCESS DRIVEA private drive providing access between a street and a parking compound.
ARTERIAL STREET; HIGHWAYA street or road which is used primarily for fast or heavy traffic including all roads classified as main and secondary highways by the Department of Transportation. Arterial streets include all streets listed as such in the Township Comprehensive Plan, as amended.
COLLECTOR STREETA street which carries traffic from minor streets to the major system or arterial streets, including the principal entrance or circulation streets of a residential development and all streets within industrial and/or commercial subdivisions or developments. Collector streets include all streets listed as such in the Township Comprehensive Plan, as amended.
DRIVEWAYA private drive providing access between a street and a parking area for up to two single units of occupancy.
LOCAL STREETA street which is used primarily for access to the abutting properties. Local streets include all streets listed as such in the Township Comprehensive Plan, as amended.
A street line is the right-of-way of the street which provides
access to the lot.
Any manmade object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A developer.
A subdivision of land as defined by the Municipalities Planning
Code, as amended.
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
East Caln Township, Chester County, Pennsylvania, as represented
by the Board of Supervisors, or its duly authorized agents.
One or more lots assembled lot the purpose of development
under provisions of this chapter and the Zoning Ordinance.
A line along which quadrants are placed at intervals.
Land in parcels sufficiently large for future subdivision
which is presently in agriculture, woodland or lying fallow.
The granting of an exception to these regulations which in
the opinion of the Township Supervisors will not be detrimental to
the general welfare, impair the intent of those regulations or conflict
with the Comprehensive Plan.
A system of piping and appurtenances, whether municipally
or privately owned, designed for the collection and transmission of
liquid and water carried wastes from residences, commercial buildings,
industrial plants and institutions to a central wastewater treatment
plant for treatment and discharge (not including septic tanks or subsurface
disposal systems).
A system of piping and appurtenances, whether municipally
or privately owned, designed for the transmission and distribution
of potable water from a centralized water supply or source to residences,
commercial building, industrial plants or institutions (not including
individual on-lot wells).
Those areas that are inundated or saturated by surface or groundwater 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 condition. Wetlands include, but are not limited to, swamps, bogs, marshes and wet meadows. Wetlands shall be delineated on all plans in accordance with § 185-21 of this chapter.
[1]
Editor’s Note: The former definition of “design
storm,” which immediately followed this definition, was repealed
5-21-2014 by L.L. No. 2014-01.
