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. 
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. 
Specific words defined. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSWAY
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.
ALLEY
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.
BUILDING PERMIT
A permit authorizing improvements to be constructed in accordance with the terms and conditions of approved construction plans and specifications.
BUILDING SETBACK LINE
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.
CALIPER
Standard measurement of a tree's diameter taken at a twelve-inch height.
[Added 2-12-2009 by Ord. No. 739]
CERTIFICATE OF COMPLETION
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.
COMPLETION GUARANTY
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.
COMPREHENSIVE PLAN
The Comprehensive Plan of the Township.
CROSSWALK
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.
CUL-DE-SAC
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.
DRIPLINE
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]
EARTH DISTURBANCE
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]
EASEMENT
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.
HERITAGE TREE
Any of the following:
[Added 2-12-2009 by Ord. No. 739]
(1) 
A tree associated with a notable or regional historical event, person, structure or landscape;
(2) 
A tree of exceptional age or rare species; or
(3) 
A tree of 36 inches' or greater caliper.
HIGHWAY SPECIFICATIONS
Specifications for highway improvements of the Township.
IMPROVEMENT
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.
LAND DEVELOPMENT
Any of the following activities:
(1) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 
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
(b) 
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.
(2) 
A subdivision of land.
(3) 
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.[1]
LOT
A portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.
LOT, INTERIOR
A lot, the building site of which is located behind the tier of lots fronting on a street.
PLAN, AS-BUILT
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]
PLAN, FINAL
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.
PLAN, PRELIMINARY
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.
PLAN, SKETCH
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.
PROTECTIVE TREE FENCE
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]
PUBLIC STREET OR HIGHWAY
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]
RIGHT-OF-WAY
The width between property lines of a street, alley, accessway or crosswalk.
SANITARY SEWER SPECIFICATIONS
The Sanitary Sewer Specifications of the Township.
SECONDARY ROAD
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.
STREET
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.
STREET, RESIDENTIAL
A street, municipally or privately owned, which provides vehicular and pedestrian access to adjacent properties or residences.
STREET TREE
Any tree within any public right-of-way.
[Added 2-12-2009 by Ord. No. 739]
SUBDIVIDER
A person, partnership or corporation who or which is the registered owner or authorized agent of the registered owner of land to be subdivided.
SUBDIVISION
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.
(1) 
For purposes of procedure, all applications shall be classified as either minor or major:
(a) 
MINORAny subdivision in which:
[1] 
No street is to be constructed or widened;
[2] 
No other public improvement, i.e., intended to be dedicated to the Township, is to be constructed;
[3] 
No land disturbance activities will take place except those incidental to construction of a single-family dwelling on each lot; and
[4] 
No more than three lots are created.
(b) 
[1] 
Any subdivision other than a minor subdivision; or
[2] 
Any land development that does not involve subdivision.
(2) 
Major applications shall be subject to all review procedures specified in this chapter.
(3) 
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) 
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.
(b) 
A final plan shall be submitted and reviewed in accordance with the applicable provisions of §289-26 of this chapter. As part of the final plan review process, copies shall be sent to the relevant county agencies applicable to preliminary plans in §289-25 of this chapter.
(c) 
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.
THROUGH HIGHWAY
A street which serves or is designed to serve as a major artery for communication and transportation between municipalities and other large communities.
TOWNSHIP
The Township of Nether Providence.
[Added 2-12-2009 by Ord. No. 739]
TREE PROTECTION ZONE
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.