Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning herein indicated. The singular shall include the plural and the plural shall include the singular. Words used in the present or past tenses shall include the future tense. The words "person," "applicant," "subdivider" and "owner" shall include a corporation, unincorporated association and a partnership, or other legal entity, as well as an individual. The word "building" shall include the word "structure" and shall be construed as if followed by the phrase "or part thereof." The word "watercourse" shall include channel, canal, creek, ditch, dry run, spring and stream. The words "should" and "may" are permissive; the words "shall" and "will" are mandatory and directive.
A. 
If a word is not defined in this chapter, but is defined in the Zoning Chapter, then the definition in the Zoning Chapter shall apply to this Subdivision and Land Development Chapter.
[Added 7-22-2002 by Ord. No. 2002-5]
As used in this chapter, except where the context clearly indicates otherwise, the following words and/or phrases have the meaning indicated below:
ACT
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended and reenacted by Act 170 of 1988, 53 P.S. § 10101 et seq., and any subsequent amendments thereto.
ALLEY
See "service street."
APPLICANT
A landowner or developer, including heirs, successors and assigns, as hereinafter defined, who has filed an application for subdivision or land development.
APPLICATION FOR DEVELOPMENT
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 plan, for the approval of a development plan, for the approval of a flexible development or for a change of zoning.
BLOCK
A tract of land bounded entirely by streets; by streets and a watercourse; by streets and a railroad; by streets and the corporate boundaries of the Township; or by streets and public land, or any combination of the above.
BOARD
The Board of Supervisors of Westtown Township.
BUILDING
Any structure which is erected on the ground and permanently anchored thereto, consisting of at least two walls and a roof, and designed, intended or arranged for the housing, sheltering, enclosure or structural support of persons, animals or property of any kind. Any manufactured home or similar structure constructed off-site prior to placement on the ground is a building.
BUILDING SETBACK LINE
The line parallel to the street line at a distance therefrom equal to the depth of the minimum front yard required for the district in which the lot is located.
[Amended 7-22-2002 by Ord. No. 2002-5]
CARTWAY
The paved area of a road right-of-way, including width intended for vehicular movement and on-street parking, but not including shoulders.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by the lines of sight between points at a given distance from the intersection of the street center lines.
COMPREHENSIVE PLAN
The document adopted July 2, 2001, as the Growth Management Plan/Comprehensive Plan for the Township of Westtown by the Board of Supervisors.
[Amended 8-6-2001 by Ord. No. 2001-5; 7-22-2002 by Ord. No. 2002-5]
CROSSWALK (INTERIOR WALK)
A publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street.
CUL-DE-SAC
See definition under "streets."
dbh
Diameter of a tree at breast height, usually measured at 3.5 feet from the ground surface.
DESIGN STANDARDS
Minimum standards for the layout by which a subdivision or land development is developed.
DETENTION BASIN
A structure designed to retard surface runoff for a period of time sufficient to cause the deposition of sediment and to reduce the velocity and rate of surface flows leaving a site, thus preventing further erosion.
[Amended 7-22-2002 by Ord. No. 2002-5]
DEVELOPER
Any landowner, agent of such landowner, or tenant with the permission from a landowner who makes or causes to be made the improvements associated with a subdivision or land development. The developer may also be the subdivider as defined herein.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations, and the subdivision of land.
DRAINAGE
The flow of water or liquid waste and the method of directing such flow, whether natural or artificial.
DRAINAGE EASEMENT
A right-of-way granted to use private land to facilitate drainage as deemed necessary by the Township within which the owner shall erect no permanent structures, but may use the land in any other way not inconsistent with the grantee's rights.
DRIVEWAY
A private strip of land intended for use as a means of vehicular or pedestrian access to an individual lot. No more than three dwelling units may share access via the use of a common driveway.
[Amended 7-22-2002 by Ord. No. 2002-5]
DWELLING UNIT
A building or entirely self-contained portion thereof containing food preparation and bathroom facilities, for occupancy by only one family including any domestic servants living on the premises with no enclosed space, other than vestibules, entrance or other hallways or porches, in common with any other dwelling unit.
EARTHMOVING ACTIVITY
Land disturbance activity resulting in the movement of earth or stripping of vegetative cover from the earth.
EASEMENT
A permanent right granted for limited use of private land, normally for a public purpose (e.g., utility, drainage, public access). The owner of the property shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania.
ENGINEER, TOWNSHIP
A professional engineer licensed as such in the Commonwealth of Pennsylvania and duly appointed on a yearly basis to act as consulting engineer for the Township.
EROSION
The movement of soil by the action of wind, water, climate and/or construction-related activities.
FLEXIBLE DEVELOPMENT
Development in conformance with the "flexible development procedure" established in Chapter 170, Zoning, as authorized by Article VII, Planned Residential Development, of the Municipalities Planning Code.[1]
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
GROUNDWATER RECHARGE
Replenishment of geologic structures and rock or soil interstices which have the capacity to store water.
IMPERVIOUS SURFACES
The definition in the Zoning Chapter shall apply.
[Amended 7-22-2002 by Ord. No. 2002-5]
IMPROVEMENTS
Buildings, for public or quasi-public use; grading; paving; streets; streetlights and signs; fire hydrants; water mains; sanitary sewers; storm drains and other drainage facilities; public utilities; curbs; sidewalks; crosswalks; bridges; culverts; monuments; retaining walls; and landscaping, as proposed or required.
[Amended 7-22-2002 by Ord. No. 2002-5]
IMPROVEMENT SPECIFICATIONS
Minimum standards for the construction of the required improvements such as listed under the definition of "improvements" above and other items required to render the land suitable for the use proposed.
INFILTRATION STRUCTURES
A structure designed to direct the flow of rain into storage in geologic structures, e.g., french drains, seepage pits.
LAND DEVELOPMENT
A. 
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.
B. 
Those activities described in § 503(1.1) of the Act[2] shall not be considered land developments for purposes of this chapter.
LANDOWNER
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/she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LOT
A parcel of land, undivided by any street or dedicated future street right-of-way. Such parcel shall be separately described by metes and bounds, the description of which is recorded in the office of the Recorder of Deeds of Chester County by deed description or is described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Chester County.
LOT AREA
The acreage contained within the property lines of a lot, as defined in the deed or as shown on an approved subdivision plan. Such acreage shall be exclusive of the following:
A. 
Any area used for gas, oil, natural gas, electric, or communications transmission facilities, whether below or above ground, that do not serve the lot or lots traversed.
B. 
Any area within a street or other transportation right-of-way, existing or proposed.
C. 
Any area within a permanent drainage easement.
D. 
Every lot created by subdivision shall have a contiguous and uninterrupted area equal to 75% of the minimum lot area required by the applicable zoning district which is unencumbered by wetlands, one-hundred-year floodplains, steep slopes and/or stormwater management basins/facilities.
[Added 7-22-2002 by Ord. No. 2002-5]
LOT, CORNER
The definition in the Zoning Chapter shall apply.
[Amended 7-22-2002 by Ord. No. 2002-5]
LOT, INTERIOR
The definition in the Zoning Chapter shall apply.
[Amended 7-22-2002 by Ord. No. 2002-5]
LOT LINE
A property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts such street shall be deemed to be the same as the street line, and shall not be the center line of the street, or any other line within the street line even though such may be the property boundary line.
LOT LINE, FRONT
The lot line abutting any street and coinciding with any street line. In the case of a corner lot, each of the two (or more) street-abutting lot lines shall be considered a front lot line. In the case of an interior lot, the front lot line shall be the line most parallel and closest to the street line at the end of the access strip; all other lines shall be side or rear lot lines.
LOT LINE, REAR
A lot line opposite and most distant from the front lot lines; if the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line. In the case of a corner lot, any lot line that is neither a front lot line nor a side lot line. Every lot shall include one rear yard.
[Amended 7-22-2002 by Ord. No. 2002-5]
LOT LINE, SIDE
Any lot line not a front or rear lot line.
[Amended 7-22-2002 by Ord. No. 2002-5]
LOT, REVERSE FRONTAGE
A lot situated between and having frontage on two public streets with vehicular access solely from the street with the lesser highway functional classification.
LOT WIDTH
The definition in the Zoning Chapter shall apply.
[Amended 7-22-2002 by Ord. No. 2002-5]
MARKER
A metal pipe or pin of at least 1/2 inch diameter and at least 24 inches in length.
MONUMENT
A stone or concrete monument with a flat top at least four inches across 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.
MULTIPLE DWELLING or MULTIPLE-DWELLING BUILDING
A building containing more than one dwelling unit.
MUNICIPALITIES PLANNING CODE
See "Act."
OFFICIAL MAP
Map adopted by Westtown Township in accordance with the provisions of Article IV of the Municipalities Planning Code.[3]
OFF-SITE SEWER SERVICE
The disposal of sewage by use of a sanitary sewer system served by a central sewage treatment plan approved by all governmental agencies having jurisdiction over such matters. (See also "sanitary sewage disposal.")
OFF-SITE WATER SERVICE
A safe, adequate and healthful supply of water to more than one user from a common source approved by all governmental agencies having jurisdiction over such matters.
ON-SITE SEWER SERVICE
The disposal of sewage by use of septic systems, or other safe and healthful means within the confines of the lot on which the use is located, approved by all governmental agencies having jurisdiction over such matters.
[Amended 7-22-2002 by Ord. No. 2002-5]
ON-SITE WATER SERVICE
A safe, adequate and healthful supply of water to a single user from a private well approved by all governmental agencies having jurisdiction over such matters.
OPEN SPACE, COMMON
Area or areas of land and/or water substantially free of structures and paved areas, permanently restricted for common enjoyment and recreational use by residents of a development and possibly the general public, including agricultural activities as permitted by Chapter 170, Zoning, but not including individually owned private yards.
PEAK DISCHARGE
The maximum rate of flow of water at a given point and time resulting from a predetermined storm.
PLAN, CONSTRUCTION IMPROVEMENT
A plan prepared by a registered engineer or surveyor showing the construction details of streets, drains, sewers, bridges, culverts, stormwater management structures and other required improvements and for erosion and sediment control.
[Amended 7-22-2002 by Ord. No. 2002-5]
PLAN, FINAL
A complete and exact subdivision or development plan or plat, prepared for official recording as required by statute, which includes all information required under Article VII of this chapter.
PLANNING COMMISSION
The Westtown Township Planning Commission.
PLAN, PRELIMINARY
A tentative subdivision or development plan, in lesser detail than a final plan, which includes all information required under Article VI of this chapter.
PLAN, SKETCH
An informal plan, not necessarily to exact scale, indicating salient features of a tract, its surroundings and the general layout of a proposed subdivision or land development and which includes all information required under Article V of this chapter.
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper generally circulated in Westtown 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 be no more than 30 days or less than seven days from the date of the hearing.
RESUBDIVISION
Any revision of an approved final or recorded plan, limited to changes in lot lines.
RETENTION BASIN
A reservoir or other feature formed from soil or other material which is designed to permanently retain or to recharge to the groundwater a certain amount of stormwater from a drainage area in order to reduce the velocity, volume and rate of peak flows.
[Amended 7-22-2002 by Ord. No. 2002-5]
REVIEW
An examination of the sketch plan, preliminary plan and/or final plan by planning agencies and consultants so assigned to determine compliance with this chapter and the administrative regulations, design standards and improvement specifications.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, prescription or condemnation, and intended to be occupied or currently occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, and other similar uses; and, generally, the right of one to pass over the property of another.
A. 
EXISTING RIGHT-OF-WAYThe legal road right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
B. 
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary to provide adequate width in this chapter and Chapter 170, Zoning, for future circulation improvements. The future right-of-way shall be measured equal distance from the center line of the existing cartway.
C. 
CARTWAYThe paved area of a road right-of-way including width intended for vehicular movement and on-street parking, but not including shoulders.
SANITARY SEWAGE DISPOSAL, COMMUNITY
A sanitary sewage collection system in which sewage is carried from the individual lots by a system of pipes to a treatment facility within the immediate community, i.e., community on-lot disposal system (COLDS).
SANITARY SEWERAGE DISPOSAL, PUBLIC
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a treatment and disposal plant.
SEDIMENT
Solid material, mineral and/or organic, that is in suspension, is being transported or has been moved from its site of origin by water.
SEPTIC TANK
A covered watertight settling tank in which sewage is putrefied and decomposed through bacterial action.
SIGHT DISTANCE
The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is obstructed by traffic. Sight distance measurement shall be made from a point 3.5 feet above the center line of the road surface to a point 0.5 feet above the center line of the road surface (see §§ 149-905, 149-906 and 149-908).
SOIL PERCOLATION TEST
A field test conducted 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.
STEEP SLOPES
That ground area of a lot or tract of ground whose vertical change in grade, measured against the horizontal measurement, is equal to or greater than 15%.
[Amended 7-22-2002 by Ord. No. 2002-5]
STORM SEWER
A pipe or conduit that carries intercepted surface runoff, street wash and other waters or drainage, but excludes domestic sewage and industrial waste.
STORMWATER
Water which surfaces, flows or collects during and subsequent to rain or snowfall.
STREET
A strip of land, including the entire right-of-way (i.e., not limited to the cartway) intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes thoroughfare, avenue, boulevard, court, expressway, highway, road, place, lane, way and alley. Streets are further classified according to the functions they perform.
STREET CLASSIFICATIONS
A. 
ARTERIAL HIGHWAYA street serving the heaviest volumes of traffic (comparatively high-speed and long-distance) in the Township, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation; providing the highest degree of vehicular mobility; and/or involving controls on access.
B. 
COLLECTOR STREETA street designed and located to provide means of access to traffic off minor (local) streets and to provide access for through traffic between residential neighborhoods and districts within the Township to major streets and/or a street used for access to nonresidential properties, i.e., commercial, industrial, professional, etc.
C. 
MINOR STREET (LOCAL STREET)A street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
D. 
CUL-DE-SACA minor street with access at only one end and which is terminated by a vehicular turnaround.
E. 
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties. Permitted only in small lot single-family detached development, service streets are intended to be private streets owned and maintained by a homeowners' association or private landowner.
STREET LINE
The dividing line between the street and the lot. The street line shall be the same as the future right-of-way line as defined by this chapter and Chapter 170, Zoning.
STREET, PRIVATE
A street not offered or not required to be offered for dedication.
STRUCTURE
Any form or arrangement of building materials involving the necessity of providing proper support, bracing, anchorage or other protection. Such arrangement shall have a permanently fixed location in or on the ground. Structures include but are not limited to buildings, open sheds and similar enclosures with less than four walls and/or a roof, signs, fences or walls over six feet in height, detached aerials and antennas, porches, platforms, tennis and handball courts, swimming pools, tanks and towers.
SUBDIVIDER
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.
SUBDIVISION
The division of a single lot, tract or parcel of land into two or more lots, tracts or parcels of land, 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. 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 residential dwellings, shall be exempted from this definition.
SUPERVISORS
The Board of Supervisors of Westtown Township.
SURVEYOR
A land surveyor licensed by the Commonwealth of Pennsylvania.
[Amended 7-22-2002 by Ord. No. 2002-5]
SWALE
A low-lying stretch of land which gathers and/or carries surface water runoff across the ground.
TILE FIELD
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.
TOWNSHIP
The Township of Westtown.
TREE MASS
A grouping of more than three trees of the same or different variety to be treated as one unit.
WATERSHED
An area bounded peripherally by a water parting and draining ultimately to a particular watercourse or body of water.
WETLANDS
Those areas 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 are also those areas defined and regulated by the Department of Environmental Protection, United State Army Corps of Engineers, and the United States Department of Fish and Wildlife.
YARD
An open, unoccupied space on the same lot with a building or other structures or use.
A. 
YARD, FRONTA yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of any part of a structure on the lot. On a corner lot, the Zoning Officer shall have the authority to determine which lot line is the front lot line based on the predominant pattern in the area.
[Amended 7-22-2002 by Ord. No. 2002-5]
B. 
YARD, REARA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any part of a structure on the lot.
C. 
YARD, SIDEA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any part of a structure on the lot.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
[2]
Editor's Note: See 53 P.S. § 10503(1.1).
[3]
Editor's Note: See 53 P.S. § 10401 et seq.