These regulations are established:
A.Â
To promote and protect the public health, safety and
welfare.
B.Â
To promote orderly, efficient, integrated and harmonious
development and redevelopment.
C.Â
To provide standards for site suitability to alleviate
peril from fire, flood, erosion, excessive noise or other detriment.
D.Â
To provide uniform procedures and standards for land
development.
E.Â
To assure proper layout and coordination of driveways,
streets and other highway access points to accommodate projected traffic
patterns and facilitate fire protection.
F.Â
To encourage preservation of adequate open spaces
for recreation, light, air, stormwater controls and maintenance of
the character of this Township.
G.Â
To encourage coordination and compliance with the
provisions of the Comprehensive Plan and other intergovernmental plans
and programs.
Unless otherwise expressly stated, the following
words and phrases shall be deemed to be defined as follows:
A strip of land over which there is a right-of-way, either
publicly or privately owned, on which no dwelling or store fronts,
serving as a secondary means of access to two or more lots.
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 the start of construction or development,
including but not limited to an application for a building permit,
for the approval of a subdivision plat or plan or for the approval
of a development plan.
A strip of land, a mound or berm, planted and maintained
with shrubs, bushes, trees, grass or other ground cover material and
within which no structure, building or parking area shall be permitted
to be placed, other than a wall or fence which meets the requirements
of the Zoning Chapter.
Any structure having enclosing walls and roof and requiring
a permanent location on the land.
ACCESSORY BUILDINGA subordinate building, the use of which is customarily incidental to that of the main building and which is used for an accessory use permitted by the Zoning Chapter and located on the same lot.
BUILDABLE AREAThe area of a lot within the building lines bounded by the required yards; where there is no required yard, then the area bounded by the lot line.
BUILDING COVERAGEThe area of a lot or parcel which is covered by main and/or accessory buildings.
BUILDING LINEThe line which establishes the minimum depth of the front yard measured from the right-of-way line, as required in Chapter 182, Zoning, of this Code.
PRINCIPAL BUILDINGThe main building on a lot or any building that is not an accessory building.
The portion of a street or right-of-way, paved or unpaved,
which is used or intended for use by vehicular traffic.
An area of unobstructed vision at intersections defined by
lines of sight between points at a given distance from the intersection
of street center lines.
Buildings, parks, playgrounds or public works owned or operated
by the Township, school district and fire stations.
The Comprehensive Plan of Haverford Township, Delaware County,
Pennsylvania, of 1988, Volumes I and II, adopted by the Board of Commissioners.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions and organized with the Pennsylvania
Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
A dead-end street with a vehicular turnaround at the dead
end.
The instrument by which the owner of property submits it
to the provisions of the Uniform Condominium Act.[1]
The maximum number of dwelling units per net acre, excluding
streets and common open space dedicated to the Township. The measure
is arrived at by dividing the number of dwelling units by the new
site area. The term "net density" shall mean the maximum number of
permitted dwelling units of any dwelling unit type permitted for any
net site area.
Any landowner, authorized agent of such landowner or tenant
with the permission of the landowner who makes or causes to be made
an application for subdivision of land or a land development. Written
evidence of authority shall be provided when any application is signed
by a person other than the landowner.
The land required for the installation and/or maintenance
of storm sewers, drainage swales or retention basins.
An improved surface for vehicular access to a lot or parcel
of land.
One or more living or sleeping rooms, together with separate
cooking and sanitary facilities, which are accessible from the outdoors
either directly or through an entrance hall shared with other dwelling
units and used or intended to be used by a family; provided, however,
that in the case of a continuing-care facility for the elderly, each
personal care bed shall be considered as a "dwelling unit."
A right-of-way granted for the use of private land for a
public or private purpose.
A person licensed by the state to engage in the practice
of engineering or land surveying.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface, including the conditions resulting therefrom.
That land within Haverford Township, adjoining any stream
or adjoining any ponds or lakes having an area of one acre or more,
which is subject to a one-hundred-year recurrence interval flood or
special flood hazard, as delineated by a study prepared by any federal,
state or county agency or by a registered professional engineer, expert
and experienced in the preparation of hydrological studies and the
determination of flood lines or, in the absence of such study identified
above, the area denoted as having alluvial soils on the most recent
soil survey of the Soil Conservation Service, United States Department
of Agriculture, or any area measured 50 feet landward from the top-of-bank
of any watercourse. See also the Township Zoning Chapter.
The average grade of the ground surface prior to any disturbing
of the soil.
The resulting level of the ground after the final grading
where there is a cut and after normal settlement where there is fill.
Any area, building or natural feature which has been designated
by statute ordinance or departmental or executive declaration of any
governmental body as possessing historic significance.
The measure of the intensity of use of a parcel of land,
as measured by dividing the total area of all impervious surfaces
within the site by the net site area.
Those that do not absorb rain or stormwater. All buildings,
parking areas, driveways, roads, sidewalks and any areas in concrete
and asphalt shall be considered "impervious surfaces" within this
definition.
Includes buildings, grading, paving, restoration of existing
paving damaged by construction, walkways, curbs, gutters, street signs,
fire hydrants, water mains, gas mains, sanitary sewers, on-site sewage
disposal facilities, storm drainage facilities, retention basins,
bridges, sidewalks, crosswalks, monuments, street shade trees, buffer
planting and streetlights and any other physical changes deemed appropriate
by the Township to render land suitable for the use proposed, changed
or expanded at any site.
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 the following:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into more
than three residential units;
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building; or
Any number of condominium units.
The legal or beneficial owner(s) of land, including the holder
of an option or contract to purchase, a lessee if he is authorized
under lease to exercise the rights of the landowner or other persons
having a proprietary interest in land.
Any tract or parcel of land held in single or separate ownership
which is or may be occupied by a main building and its accessory uses
or buildings, if any, together with the open space required by the
Zoning Chapter. No part of a lot which is also a part of a public
street or alley shall be included in determining the area of the "lot."
The area contained within the property lines of the individual
parcels of land shown on a subdivision plan or required by this chapter,
excluding any area within an existing or proposed street right-of-way
or any area required as open space under this chapter.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building lines.
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 they contain two or more mobile home
lots for the placement thereon of mobile homes.
A stone or concrete marker having a flat top with a minimum
diameter of four inches containing a copper or brass cap or plug and
having a minimum length of 24 inches. The bottom, sides or radius
shall be at least two inches greater than the top to minimize movement
caused by frost.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such "nonconforming structures"
include but are not limited to nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
68 Pa.C.S.A. § 3101 et seq., Pennsylvania Act of
July 2, 1980, P.L. 286, and any amendments or successor legislation
thereto.
A complete and exact map or plan of a subdivision or land
development, including all required supplementary data, prepared for
official recording as required by statute, to define property rights
and proposed streets and other improvements.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units or combination of
residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
The appointed members of the Haverford Township Planning
Commission.
The copy of the final plan containing the required original
endorsements and which is recorded with the Delaware County Recorder
of Deeds.
A tentative map or plan of a subdivision or land development,
including all required supplementary data in lesser detail than a
final plan, showing approximate proposed street and lot layout as
a basis for consideration prior to preparation of a final plan.
The map or plan of a subdivision or land development, whether
preliminary or final.
Of or pertaining to any building, structure, use or activity
belonging to or affecting any duly authorized governmental body.
Includes:
A formal meeting held pursuant to public notice by the governing
body or planning agency intended to inform and obtain public comment
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code[2] and this chapter.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[3]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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 that 30 days and the second publication shall not
be less that seven days from the date of the hearing.
The total extent of land reserved or dedicated as a street
or alley for public or private purpose.
The total extent of land reserved for a declared or recorded
right-of-way for public utility or private utility purposes.
A sanitary sewage collection system managed and operated
by a public authority in which sewage is carried from individual lots
by a system of pipes to a central treatment and disposal plant.
A plan meeting the requirements of this chapter for land
developments or as required by the Township Zoning Chapter.
The face of an embankment, fill or cut section; any ground
whose surface makes an angle with the plane of the horizon. "Slope"
is expressed as a percentage, based upon the vertical difference in
feet per 100 feet of horizontal distance.
The Commonwealth of Pennsylvania.
Areas where the average slope exceeds 15% which, because of this slope, are subject to high rates of stormwater runoff and, therefore, erosion or as defined in the general laws of Chapter 154A, Slope Control, which is more strict.
Any ditch, gutter, pipe, culvert, swale, storm sewer or other
structure designed, intended or constructed for the purpose of diverting
surface waters from or carrying surface waters off streets, public
rights-of-way, parks, recreational areas or any part of any subdivision,
land area or contiguous land areas.
A public or private right-of-way, deeded or dedicated for
public use, 50 feet or more in width, which provides a means of access
for vehicles or pedestrians. The term "street" shall include "road,"
"highway" and "thoroughfare." Existing streets of less that 50 feet
in width which existed prior to this chapter shall be recognized as
a legal "street."
A street which serves the function of moving locally generated
traffic from the interiors of neighborhood areas to the major collector
streets and arterial streets.
One of two streets on which the majority of existing dwellings
front, designed to carry a greater amount of vehicular traffic than
the other street.
A street or route specifically designed to accommodate high
traffic flow and carrying generally a high percentage of through traffic.
A street or route which serves as a connecting facility,
usually between two major arterial routes and having two or more moving
lanes.
One of two streets on which the minority of the existing
dwellings front, designed to carry the lesser amount of vehicular
traffic than the other street.
A street designated to serve individual residential parcels
and not generally carrying through traffic.
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, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels or more than 10 acres,
not involving any new street or easement of access or residential
dwellings, shall be exempted.
MAJOR SUBDIVISIONThe division of a lot, tract or parcel of land or part thereof into five or more lots, tracts or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of building development; provided, however, that divisions of land for agricultural purposes in parcels of more than 10 acres, not involving any new streets or easements of access, shall be exempted.
MINOR SUBDIVISIONThe division of a single lot, tract or parcel of land into not more than four lots, tracts or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of building development, provided that the proposed lots, tracts or parcels of land thereby created have frontage on an improved public street or streets and provided, further, that there is not created by the subdivision any new street or streets, the need for required improvements, easement of access or the need therefor.
Where, in the opinion of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security has been posted pursuant to this chapter) of those improvements
required as a condition for final approval has been completed in accordance
with the approved plan, so that the project will be able to be used,
occupied or operated for its intended use.
A registered surveyor licensed as such by the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
The Township of Haverford, Delaware County, Pennsylvania.
An Act of the Commonwealth of Pennsylvania adopted July 2,
1980, P.L. 286, No. 82.[4]
The term normally applied to streetlighting uniformity by
the Illuminating Engineering Society. Given a ratio, i.e., of 3:1,
it means that the point of lowest footcandle measurement cannot be
less than 1/3; 1/3 of the specified minimum average footcandle level
established by resolution of the Board of Commissioners.
Storm sewers, lakes, dammed water, ponds, springs and all
other bodies or channels of conveyance of surface and underground
water.
A system for supplying and distributing water from a common
source to dwellings and other buildings but generally not confined
to one neighborhood.
A deeded or dedicated public or private right-of-way sometimes
used as a secondary vehicular access to land or lot.
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 conditions. Wetlands
generally include swamps, marshes, bogs, fens and similar areas.
[Added 7-11-2011 by Ord. No. 2628]
An open space at grade between a yard line and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. (See
Figure 1 of this chapter.[5])
REQUIRED YARDA yard between the lot line and the building line of the dimensions required by the Zoning Chapter.
REQUIRED FRONT YARDA yard across the full width of the lot extending from the front lot line to the front building line, as prescribed in the Zoning Chapter.
REQUIRED REAR YARDA yard across the full width of the lot extending from the rear lot line to the rear building line, as prescribed in the Zoning Chapter.
REQUIRED SIDE YARDA yard between the required front and rear yards, extending from the side line of the lot to the side building lines, as prescribed in the Zoning Chapter.
Chapter 182 of the General Laws of the Township of Haverford, known as "Ordinance No. 1960," as amended.
