The purpose of this chapter is to assure sites
suitable for building purposes and human habitation and to provide
for the harmonious development of the Township, for the coordination
of existing streets with proposed streets, parks or other features
consistent with the Township's Comprehensive Plan for adequate open
spaces, for traffic, recreation, light and air and for a proper distribution
of population, thereby creating conditions favorable to the health,
safety, morals and general welfare of the citizens of the Township.
A.Â
Use of words. Words used in the singular include the
plural, and words in the plural include the singular; the word "building"
includes the word "structure"; the word "street" includes "road" and
"lane"; and the word "watercourse" includes "drain," "ditch" and "stream."
B.Â
ACCESSWAY
ALLEY
BUILDING PERMIT
BUILDING SETBACK LINE
CALIPER
CERTIFICATE OF COMPLETION
COMPLETION GUARANTY
COMPREHENSIVE PLAN
CROSSWALK
CUL-DE-SAC
DRIPLINE
EARTH DISTURBANCE
EASEMENT
HERITAGE TREE
HIGHWAY SPECIFICATIONS
IMPROVEMENT
LAND DEVELOPMENT
(1)Â
(a)Â
(b)Â
(2)Â
(3)Â
LOT
LOT, INTERIOR
PLAN, AS-BUILT
PLAN, FINAL
PLAN, PRELIMINARY
PLAN, SKETCH
PROTECTIVE TREE FENCE
PUBLIC STREET OR HIGHWAY
RIGHT-OF-WAY
SANITARY SEWER SPECIFICATIONS
SECONDARY ROAD
STREET
STREET, RESIDENTIAL
STREET TREE
SUBDIVIDER
SUBDIVISION
(1)Â
(a)Â
[1]Â
[2]Â
[3]Â
[4]Â
(b)Â
(2)Â
(3)Â
(a)Â
(b)Â
(c)Â
THROUGH HIGHWAY
TOWNSHIP
TREE PROTECTION ZONE
Specific words defined. As used in this chapter, the
following terms shall have the meanings indicated:
A right-of-way which provides common vehicular and pedestrian
access for two to four families, extending not more than 400 feet
from a street to a permanent dead end at an interior lot or lots.
A strip of land over which there is a right-of-way, municipally
or privately owned, on which no dwellings or stores front, serving
as the rear entrance to two or more properties.
A permit authorizing improvements to be constructed in accordance
with the terms and conditions of approved construction plans and specifications.
A line within a lot or other parcel of land, so designated
on a subdivision plan, between which and the right-of-way line of
the street on which the lot abuts the erection of an enclosed building
or portion thereof is prohibited.
Standard measurement of a tree's diameter taken at a twelve-inch
height.
[Added 2-12-2009 by Ord. No. 739]
A certificate signed by the Building Inspector certifying
that the construction of the improvements for which a permit was issued
has been completed in accordance with the requirements of the Township.
A bond or a deposit of funds or securities in escrow sufficient
to cover the cost of the required improvements as estimated by the
Township Engineer, conditioned upon their satisfactory completion
within the time specified in the construction permit or an approved
extension thereof.
The Comprehensive Plan of the Township.
A right-of-way, municipally or privately owned, 10 feet or
more in width, which cuts across a block in order to improve pedestrian
access to adjacent streets or properties.
A residential street not more than 600 feet in length having
one end open for public vehicular or pedestrian access and the other
end permanently terminated by a vehicular turnaround.
A limiting line established by a series of vertical drop
points marking the maximum radius of the crown of an existing tree
but not less than 15 feet from the tree trunk. This area is to be
protected from all construction activities, including earth disturbance,
compaction, foot or vehicular traffic and material stockpiling.
[Added 2-12-2009 by Ord. No. 739]
A construction or other human activity which disturbs the
surface of land, including but not limited to clearing and grubbing,
grading, excavations, embankments, land development, agricultural
plowing or tilling timber harvesting activities, road maintenance
activities, mineral extraction, and the moving, depositing, stockpiling,
or storing of soil, rock or earth materials.
[Added 2-12-2009 by Ord. No. 739]
A grant by a property owner to the Township, the public,
a corporation or a person or persons of a right to the use of a strip
of land.
Any of the following:
[Added 2-12-2009 by Ord. No. 739]
Specifications for highway improvements of the Township.
Grading, paving, curbing, streetlights, street signs, fire
hydrants, water mains, sanitary sewers, storm sewer systems and other
street improvements, including sidewalks, crosswalks, shade trees
and off-street parking paving.
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.[1]
A portion of a subdivision or other parcel of land intended
for transfer of ownership or for building development.
A lot, the building site of which is located behind the tier
of lots fronting on a street.
A plan accurately showing the location, dimension and elevation
of all improvements, including but not limited to underground utility
lines, underground drains, storm drainage system lines, sanitary sewer
lines and permanent subdivision monuments and noting all deviation
from previously approved final plans and drawings.
[Added 12-13-2001 by Ord. No. 656]
A properly certified subdivision plan prepared by a registered
engineer or surveyor showing right-of-way lines, easements, lot lines
and other relevant information as required herein, for recording in
the office of the Recorder of Deeds of Delaware County.
A plan prepared by a registered engineer or surveyor showing
existing conditions and proposed improvements within and adjacent
to a subdivision and other relevant information as required herein.
A plan of a proposed subdivision, submitted as a basis for
informal discussion with the Township Commissioners, Township Engineer,
Township Planning Commission and Township Environmental Advisory Committee
and containing the relevant information as required herein.
A temporary fence installed, at minimum, around the dripline
of any tree which is to be preserved during construction operations,
inside of which no grading, storing or dumping of any material may
occur.
[Added 2-12-2009 by Ord. No. 739]
Any Township, county or state right-of-way, a portion of
which is used for vehicular or pedestrian travel.
[Added 2-12-2009 by Ord. No. 739]
The width between property lines of a street, alley, accessway
or crosswalk.
The Sanitary Sewer Specifications of the Township.
A street which serves or is designed to serve as a means
of communication and transportation between neighborhoods and as a
feeder road to through highways.
A general term used to describe a right-of-way which serves
as a means of vehicular and pedestrian travel and frequently, as well,
as a space for sewers and public utilities.
A street, municipally or privately owned, which provides
vehicular and pedestrian access to adjacent properties or residences.
Any tree within any public right-of-way.
[Added 2-12-2009 by Ord. No. 739]
A person, partnership or corporation who or which is the
registered owner or authorized agent of the registered owner of land
to be subdivided.
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, 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.
For purposes of procedure, all applications
shall be classified as either minor or major:
MINORAny subdivision in which:
No street is to be constructed or widened;
No other public improvement, i.e., intended
to be dedicated to the Township, is to be constructed;
No land disturbance activities will take place
except those incidental to construction of a single-family dwelling
on each lot; and
No more than three lots are created.
Major applications shall be subject to all review
procedures specified in this chapter.
Where an application qualifies as a minor subdivision
under the terms of this definition, the applicant may, at his discretion,
seek approval according to the following procedures:
A preliminary plan, complying with the content
requirements of this chapter (i.e., in no greater detail than that
which is suggested for a sketch plan), shall be submitted and reviewed
in accordance with the provisions of this chapter that are otherwise
applicable to sketch plans; the requirements and procedures of this
chapter shall be waived, except that written comments on the plan
shall be presented by the Planning Commission to the applicant within
the time period specified in this chapter.
In the case of a minor plan as determined by this definition, the Commissioners, at their sole discretion, may waive certain of the design standards in Article III of this chapter that are otherwise applicable to plans submitted for subdivision approval. In general, such waivers shall be in relation to standards for streets and other public improvements required for a major subdivision.
A street which serves or is designed to serve as a major
artery for communication and transportation between municipalities
and other large communities.
The Township of Nether Providence.
[Added 2-12-2009 by Ord. No. 739]
An area that is radial to the trunk of a tree. The tree protection
zone shall be 15 feet from the trunk of the tree to be retained, or
the distance from the trunk to the dripline, whichever is greater.
Where there is a group of trees or woodlands, the tree protection
zone shall be the aggregate of the protection zones for the individual
trees.
[Added 2-12-2009 by Ord. No. 739]
[1]
Editor's Note: See 53 P.S. § 10503(1.1).
Any person, partnership, corporation or other entity who or which shall violate any of the provisions of this chapter or the subdivision regulations adopted hereunder shall be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and penalties, § 1-19, Subdivision and land development violations.
