Chadds Ford Township, PA Definitions

For the purposes of this chapter, the following words, terms and phrases have the meaning indicated herein:

The owner of record of a parcel of land which is contiguous, at any point, to the parcel to be subdivided and/or developed or which has frontage on a common road or street (public or private) across from the parcel to be subdivided and/or developed.

ACCELERATED EROSION

Removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur from natural processes alone.

ACCELERATION LANE

An added roadway lane which permits integration and merging of slower moving vehicles into lanes of the main vehicular flow.

ACCEPTABLE OUTFALL

The point where stormwater can be released to a channel or other body of water without causing erosion to or sedimentation of the receiving channel or other body of water. The outlet shall include structural and vegetative measures to assure nonerosive velocities or rates of flow.

ACCESS

A way or means of approach to provide physical ingress to and egress from a parcel, tract or other lot.

ACCESSORY BUILDING

A building subordinate to the principal permitted building on a lot and used for purposes customarily incidental to those of such principal building.

ACCESSORY USE

A use conducted on the same lot as a principal permitted use to which it is related and which is located either within the same structure(s) or in an accessory building or structure. A use which is clearly incidental to, and customarily found in connection with, a particular principal permitted use.

ADVERSE EFFECTS

Results contributing to a harmful or degraded condition and/or producing an unfavorable outcome.

AGENT

Any person or entity, other than the landowner or developer, who, acting upon written authority for the landowner or developer, files subdivision and/or land development plans with the Township for the purpose of obtaining approval thereof.

AGRICULTURE

The cultivating of the soil, the raising of livestock and poultry and the harvesting of the products of the soil, including horticulture and forestry, but excluding commercial greenhouses.

ALLEY

A right-of-way providing secondary vehicular access to the side or rear of two or more lots.

ALTERATION

Any change in the exterior or structural portions of a building; any change to or in a building which would alter its use classification; or any change which would substantially alter an existing sewage system, traffic condition or other infrastructure element.

ALTERNATIVES

Choices between or among two or more plans, layouts, approaches, solutions and/or outcomes.

ANTECEDENT CONDITIONS

Specified characteristics of the land surface (e.g., meadow) prior to a proposed disturbance or prior to a rainfall event (e.g., amount of moisture in the soil); the basis for calculating increases in runoff attributable to the disturbance or storms which must be controlled.

APPLICANT

A landowner or developer who has filed an application for subdivision and/or land development, as hereinafter defined, including his heirs, successors, assigns and grantees.

APPLICATION FORM

A form available from the Township Secretary (included in the Appendix of this chapter[1]) which is to be used to provide information to aid in the review of a subdivision and/or land development plan and for general administrative purposes.

APPLICATION FOR SUBDIVISION AND/OR LAND DEVELOPMENT

The action taken to complete, sign and file the application form as therein provided and as provided by this chapter, which shall also include the filing of the number and type of plans, documents and other submissions required by this chapter for the review and/or approval of a preliminary plan and thereafter a final plan, and the necessary fees in accordance with the prevailing application fees; an application, whether preliminary or final, required to be filed and approved prior to the conveyance or other transfer of lots and/or the commencement of construction and development, including an application for the approval of a subdivision plat or plan and an application for the approval of a development plan. No application shall be complete, considered filed or considered as accepted by the Township until all of the foregoing requirements have been fulfilled.

ARCHITECT

A person duly registered by the Commonwealth of Pennsylvania to practice architecture.

BEARINGS AND DISTANCES

See "metes and bounds."

BENEFICIAL EFFECTS

Results contributing to an improvement in condition and/or producing a favorable outcome.

BERM

A mound of earth which serves purposes such as directing the flow of surface water runoff, preventing soil erosion or supporting plant materials to aid in screening.

BIOLOGICAL RESOURCES

Characteristics of the natural environment manifest in its flora and fauna. The disposition of these characteristics is typically expressed in vegetation and/or wildlife units such as: tree, woodland or forest stands and related understory and ground cover growth; and aquatic and terrestrial wildlife and/or their habitats.

BLOCK

A developed area bounded by three or more streets.

BUILDABLE AREA

The area of a lot remaining after the minimum yard and setback requirements of Chapter 135, Zoning, have been met within which a principal permitted building shall be located. Such setback requirements include yard setback and setbacks from flood hazard and flood fringe areas, and such features as areas of steep slope and very steep slope, and easements. Where a buildable area is shown on a plan as extending into a flood hazard district, a steep slope area, or any other area which may involve a conditional use or special exception, those portions of the buildable area extending into any such areas shall be delineated, depicted, and otherwise noted on all plans in an accurate and conspicuous manner to disclose the specific uses which may occur in such areas.

BUILDER

A person, who is not necessarily the owner of the land or agent of the same, who by contract or other agreement is charged with the responsibility of construction of buildings or other structures, or of making any construction improvements on any parcel of land.

BUILDING

Any structure having a roof supported by walls or columns and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

BUILDING COVERAGE

The relation of the total ground floor area of all buildings on a lot to the lot area on which they are located.

BUILDING LINE

The line which establishes the minimum depth of front yard for the particular district as measured from the street line.

BUILDING PERMIT

A document issued by the Township granting permission for the construction, repair, alteration of, or addition to a structure.

BUILDING, PRINCIPAL

A building in which is conducted the principal permitted use of the lot on which it is situated.

CALIPER

The diameter of a tree trunk measured at a point 4 1/2 feet from the ground surface at the center of the base of the tree.

CAPPED SEWERS

Sanitary sewage facilities which are installed and capped where existing sanitary sewer facilities are not accessible and available, but are proposed in the official Sewage Facilities Plan of the Township. Such facilities shall include sanitary sewers, force mains, pumping stations, and all other appurtenances necessary to serve the entire subdivision and/or land development.

CARTWAY

That area of a road or other street within which vehicles are permitted including travel lanes but not including shoulders, curbs, gutters, sidewalks or drainage swales.

CATCH BASIN

An inlet designed to intercept and redirect surface waters.

CHANNEL

An area which conveys the normal continuous or intermittent flow of water.

CLEAR SIGHT DISTANCE

The required length of a line of unobstructed vision from a point 4 1/2 feet above the center line of a street to the nearest point at the top of an object four inches high on the same center line and to another object 4 1/2 feet high on the same center line.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street center lines.

COMMUNITY FACILITIES

The services which provide for various community health, education, safety, leisure, and like needs and the locations at which these services are provided. Typical community facilities include schools, parks and recreation areas, libraries, hospitals and other health-care facilities, fire protection, police, ambulance and rescue service and postal services.

COMMUNITY ON-LOT OR ON-SITE SEWAGE DISPOSAL SYSTEM

A system of sanitary sewage disposal structures which serve more than one lot or one building which along with its appurtenant facilities is administered and maintained by an organization or other entity having the right and obligation to operate such system in accordance with federal, state, county and Township regulations.

COMMUNITY WATER SUPPLY SYSTEM

A well or series thereof with facilities serving more than one lot or one building, which along with its appurtenant facilities is administered and/or maintained by such organizations as a homeowners' association or other entity having the right or obligation to administer and/or maintain same in accordance with federal, state, county and Township regulations.

COMPREHENSIVE PLAN

The Chadds Ford Township Comprehensive Plan, as adopted and updated from time to time, including maps, tables and text which constitute a policy guide for decisions regarding land use, circulation, community facilities and utilities in the Township.

CONDITIONAL USE

A use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain locations within the district only when specific conditions and factors prescribed for such cases within Chapter 135, Zoning, are present. Conditional uses and applications for permits therefor are allowed or denied by the Board of Supervisors after recommendations are provided by the Planning Commission in conjunction with subdivision and/or land development plans and applications, unless no subdivision and/or land development application is filed as to the tract on which a conditional use is proposed, in which case they are allowed or denied by the Board of Supervisors after recommendations are provided by the Planning Commission.

CONDOMINIUM

A building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis, all of which shall be owned and operated under the Pennsylvania Unit Property Act of 1963, as amended.[2]

CONSERVATION PLAN

A plan filed as and forming a part of the preliminary plan and the final plan detailing the measures to be taken by the landowner or developer for the purposes of the protection of watercourses, notable trees and other important natural features and for the control of grading, soil erosion and sedimentation, and stormwater management.

CONSTRUCTION

Any disturbance of the land or the erection of structures thereon, including the cutting of trees or clearing of brush, provided, however, that staking or the clearing for survey lines, or performing engineering or other scientific tests to obtain data, shall not be deemed as construction.

CONTINUOUS VISUAL BUFFER

A visually impenetrable screen created through the effective use of plant materials, fencing, walls and/or earthen berms.

CONTOUR

An invisible line on the surface of the earth along which all points are at the same elevation above sea level. Such lines are represented on maps relative to data furnished by such agencies as the U.S. Geological Survey (U.S.G.S.) or other organizations duly certified to produce such information.

CUL-DE-SAC

A street having vehicular access to and from another street at one end and terminating in a vehicular turnaround at the other end.

CULTURAL ENVIRONMENT

A representation of man's influence on land and/or water through the use, organization, adornment and maintenance of property and structures.

CULVERT

A structure designed to convey water under a street or pedestrian walk.

CURB

A stone or concrete boundary marking the edge of the cartway or paved area.

CUT

A portion of land or other area from which earth has been removed or will be removed by excavation; or the depth below the original ground surface or excavated surface.

DATE OF FILING

The date on which a complete application for subdivision and/or land development, as herein defined, has been submitted to the Township Secretary and accepted by the Township.

DATUM

A reference point from which elevations are measured. The standard datum is sea level as established by the U.S. Geological Survey (U.S.G.S.).

DECELERATION LANE

An added roadway lane that permits vehicles to slow down and leave the main vehicular flow.

DEDICATION

A gift or other donation of property by the owner thereof to the Township or other entity.

DEED

A legal document conveying an estate or other right, title or interest in property.

DESIGN STANDARDS

Standards adopted pursuant to this chapter.

DETENTION BASIN

A structure designed, built and used to retard surface water runoff for a period of time sufficient to cause the deposition of sediment and to reduce the velocity and volume of surface flows leaving a site.

DEVELOPER

Any landowner, equitable owner, or authorized agent of such landowner who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT

The division of a parcel of land into two or more lots; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; any use or extension of the use of land.

DITCH

A small drainage channel.

DIVERSION CHANNEL

A channel constructed on, across, or at the bottom of a slope.

DRAINAGE

A system for conveying surface water or groundwater from the land by facilities or structures which serve to control or otherwise manage runoff and minimize sedimentation and soil erosion during and after construction or development.

DRAINAGE EASEMENT

A right-of-way granted to use private land to facilitate the flow of water 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.

DRAINAGE FACILITY

Any trench, ditch, swale, gutter, pipe, culvert, storm sewer or other similar depression or structure designed, intended or constructed for the purpose of diverting surface water or conveying surface water or groundwater from a subdivision, land development area or contiguous areas.

DRAINAGE PLAN

A plan which depicts existing and proposed drainage as required by this chapter.

DRAINAGEWAY

Any watercourse or trench, ditch, swale, gutter, pipe, culvert, storm sewer or other similar depression or structure in which water flows in a definite direction either continuously or intermittently and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow.

DRIVEWAY

An individual or shared portion of a lot which provides access for vehicles to a parking space, garage, dwelling or other structure from a street.

DRYWELL

A covered pit with open jointed lining through which water from roofs, basement floors or areaways may seep or leech into the surrounding soil.

DWELLING

A building designed for and occupied exclusively for residential purposes, including a mobile home.

DWELLING UNIT

A building, or portion thereof, providing complete housekeeping facilities for one family.

EARTHMOVING ACTIVITY

Land disturbance activity resulting in the movement of earth or stripping of vegetative cover from the earth.

EASEMENT

A right, privilege or other interest granted or reserved for the use of land for a particular purpose.

ECONOMIC AND FISCAL CHARACTERISTICS

Characteristics related to the expenditures and revenues in conjunction with the management of income of a household, private business, community, association and/or government.

EGRESS

An exit.

ELEVATION

A vertical distance above or below a fixed reference level; or a scale drawing of the front, rear or side of a building.

END LINE

The line which represents the termination area of a shared driveway.

ENGINEER

A person duly registered by the Commonwealth of Pennsylvania to practice professional engineering.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in size of another existing structure or an increase in that portion of a tract of land occupied by an existing use.

ENVIRONMENT

The conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed subdivision and/or land development including: natural elements such as land, water, air, minerals, natural flora and natural fauna; and man-made components such as objects of historic or aesthetic significance, infrastructure, and man-related attributes of a social and economic nature.

ENVIRONMENTAL IMPACT ASSESSMENT REPORT

An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental effects of a proposed subdivision and/or land development and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter and Chapter 135, Zoning.

EXCAVATION

Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation from water or land or beneath the surface thereof, whether exposed or submerged.

FILL

Material such as sand, gravel, earth and other suitable and approved composition; or 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 a stripped or otherwise cut surface.

FLOOD FRINGE AREA

An area which contains soils subject to flooding as mapped by the U.S.D.A. Soil Conservation Service. Such areas are located primarily adjacent to a flood hazard area.

FLOOD HAZARD AREA

An area which is comprised by the Special Flood Hazard Area defined by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, as shown as the Floodplain Conservation District on the Chadds Ford Township Zoning Map,[3] and in accordance with Act 166, as amended, a setback of 50 feet from the banks of any watercourse.

FLOODING

A general or temporary condition of partial or complete inundation of areas from the overflow of inland waters and/or the unusual and rapid accumulation of water on or under the ground.

FLOODPLAIN

Any land area susceptible to flooding from any source.

FORESTED AREAS

Those areas of extensive vegetation in which the dominant plants are trees that are indigenous to the area.

FUNCTIONAL CLASSIFICATION OF STREETS, ROADS AND HIGHWAYS

The categorization of streets, roads and highways according to a hierarchy of service characteristics for which various design standards have been established.

GARAGE, PRIVATE

An accessory building or part of a principal permitted building used for the storage of motor vehicles owned and used by the owner or tenant of such principal permitted building.

GRADE

The slope of a street, road, or other installation expressed as a percent; or the elevation of existing, finished or proposed conditions as hereinafter defined.

GRADE, EXISTING

The elevation, relative to a given datum, of the ground surface prior to any excavation, cut or fill.

GRADE, FINISHED

The elevation, relative to a given datum, of the ground surface after completion of any excavation, cut or fill.

GRADE, PROPOSED

The elevation, relative to a given datum, of the ground surface proposed to be achieved by excavation, cut or fill.

GRADING

The changing of the surface of the ground by cutting, filling or excavation, including land in its cut or filled condition.

GROUNDWATER RECHARGE

Replenishment of geologic structures and rock or soil interstices which have the capacity to store water, or permit the transfer of water to a geologic storage area.

GUARANTEE, COMPLETION

The financial security that may be accepted by the Township as a guarantee that improvements required as part of an application for subdivision and/or land development are completed to the satisfaction of the Township. Such financial security shall include, but is not limited to, performance bonds, federal or commonwealth chartered lending institution irrevocable letters of credit, and restrictive or escrow accounts in such lending institutions.

GUARANTEE, MAINTENANCE

The financial security that may be accepted by the Township as a guarantee that improvements required as part of an application for subdivision and/or land development will be in first class condition, state of repair and working order for a specific period of time. Such financial security shall be similar to that accepted for a completion guarantee.

GUTTER

That portion within a street right-of-way, outside the cartway, designed for surface drainage, whether paved or otherwise.

HISTORIC RESOURCES

Sites, areas, structures, trails and/or routes which are valued due to their significance as example and/or locations of events, customs, skills and/or arts of the past, including those having a present significance.

IMPACT

The power of an event to produce changes in a condition. In the context of impact exerted on the environment, changes which affect the existing conditions and/or quality are of greatest concern.

IMPERVIOUS SURFACE

A surface which has materials that do not normally absorb rainfall or surface water, such as buildings, paved parking areas, paved walks and similar surfaces.

IMPOUNDMENT

A body of water, such as a pond, detention or retention basin, confined by a headwall, dike, floodgate or other barrier, in the nature of a dam.

IMPROVEMENTS

Physical additions and changes to land such as grading, paving, curbing, fire hydrants, water mains, sanitary sewers, capped sewers, storm sewers, storm drains, catch basins, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, street lights, wells, on-site sewage disposal systems, street trees and other plantings, and other structures that may be necessary to produce usable and desirable land development.

IMPROVEMENTS AGREEMENT

A list of improvements approved by the Township which the landowner or developer agrees to install as a prerequisite to final plan approval.

IMPROVEMENT SPECIFICATIONS

Minimum standards for the construction and other installation of improvements.

INFILTRATION STRUCTURE

A structure designed to direct the flow of rain into storage in geologic structures, e.g., French drains, seepage beds, seepage trenches, and the like.

INFRASTRUCTURE

The basic installations and facilities on which the continuance and growth of a community depend, such as roads, schools, electrical transmission facilities, transportation and communication systems.

INGRESS

An entrance.

INTERIOR LOT

Any lot which only has access to a street by an easement or right-of-way such as a shared driveway and may be characterized as "landlocked" in that said lot does not front on a dedicated street; any lot which has limited frontage to a dedicated street by virtue of being a flag-shaped lot.

INVERT

The lowest visible surface of a drainage conduit or channel.

LAND DEVELOPMENT

[Amended 1-6-1992 by Ord. No. 65B]

Any of the following activities:

(1)

The improvement of one lot or two or more contiguous lots or tracts 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;

(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.

LANDOWNER

The record holder of legal title to land; the rightful 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 expressly under the lease to exercise the rights of the owner, of the land which is the subject of an application for subdivision and/or land development.

LAND PLANNER

A person who is recognized as a certified planner by the American Institute of Certified Planners, an Institute of the American Planning Association.

LANDSCAPE ARCHITECT

A person duly registered by the Commonwealth of Pennsylvania to practice landscape architecture.

LAND USE

The use for which land is used, arranged and the like typically expressed in terms of the type of activity or development which exists, such as agricultural, residential, commercial, industrial, institutional, recreational, municipal and the like, whether such use is principal or accessory.

LOAD BEARING FILL

Any facility, earthwork or fill placed in a controlled manner and compacted to support structural foundations and the buildings and other structures thereon, vehicular traffic or improvements in accordance with the highest standards of professional engineering.

LONG-TERM EFFECTS

Results which are manifest for, or extending over, a long period of time.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit and which conforms to the provisions of this chapter, Chapter 135, Zoning, and all other Township ordinances, codes, regulations, plans and maps.

[Amended 1-6-1992 by Ord. No. 65B]

LOT AREA

The total area within the lot lines of a lot, excluding any street rights-of-way.

LOT, CORNER

A lot or parcel of land abutting upon two or more streets including shared driveways at their intersection, or upon two parts of the same street including shared driveways forming an interior angle of less than 135°.

LOT LINE

A property boundary line of any lot held in single and separate ownership. In the case of any lot abutting a street including shared driveways, the lot line for such portion of the lot as abuts such street including shared driveways 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.

LOT LINE, FRONT

The lot line abutting a street including shared driveways and coinciding with the street line. In the case of a corner lot, whichever street abutting lot line is elected by the landowner or developer when filing any application for subdivision and/or land development subject to the approval of the Township Engineer and the Planning Commission may be deemed the front lot line. In the case of an interior lot, the landowner or developer when filing any application for subdivision and/or land development may select the front lot line subject to the approval of the Township Engineer and the Planning Commission. The foregoing election does not apply in the case of a street which is a shared driveway.

LOT LINE, REAR

A lot line opposite and most distant from the front lot line. 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, between the side lot lines, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT WIDTH

The horizontal distance between the side lot lines measured at a right angle to its depth along a straight line parallel to the front lot line at the minimum required yard setback line.

MARKER

An iron pipe or steel bar 3/4 of an inch in diameter, and 30 inches in length.

METES AND BOUNDS

A method of describing the boundaries of land by directions or bearings and distances from a known point of reference, including the content of the land and each lot in square feet and acres and fractions thereof.

MITIGATION

The act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.

MONUMENT

A permanent marker of stone or concrete, set to mark a boundary or a control point in a survey which shall be six inches square by 30 inches in length, on top of which is permanently inscribed a center mark.

NATURAL ENVIRONMENT

A composition of land, water and/or air represented by its inherent physical and biological resources.

NOTABLE TREES

Trees of twelve-inch caliper or greater which are indigenous to the Township.

OCCUPANCY PERMIT

A document issued by the Township Code Enforcement Officer allowing the occupancy or other use of a permitted building or other structure and certifying that the building or other structure and the use thereof has been constructed and will be used in compliance with all applicable Township ordinances, codes, regulations, plans and maps, as amended from time to time.

OFFICIAL MAP

A legally adopted map that conclusively shows the location of such features as existing and proposed public streets, watercourses and public grounds.

OFFICIAL SEWAGE FACILITIES PLAN

The plan adopted by the Township and approved by the Pennsylvania Department of Environmental Protection which sets forth recommendations for the provision of adequate sewage systems in the Township in accordance with the Pennsylvania Sewage Facilities Act, Act 537.[4]

ON-SITE SEWAGE DISPOSAL

A single system of piping, a septic tank or other approved facility serving a single lot and collecting and disposing of sewage in whole or in part into the soil through a septic tank filter field.

ON-SITE WATER SUPPLY

An individual well serving one lot and/or a water supply on a lot occupied or to be occupied and serving permitted buildings.

PARKING SPACE

A reasonably level space, available for the parking of one motor vehicle, of the size required in Chapter 135, Zoning. A parking space shall include either covered garage space or uncovered parking lot space located off the street right-of-way.

PEAK DISCHARGE

The maximum rate of flow of water at a given point and time resulting from a predetermined storm.

PERMEABLE

Porous to water or to other liquids.

PHYSICAL RESOURCES

Characteristics of the natural environment manifest in its landforms, soils, geological structure of surface and/or subsurface rock, minerals, natural bodies of water and/or man-made impoundments, watercourses, groundwater and the like. The disposition of these characteristics is typically expressed in physiographic, topographic and/or hydrologic units, such as rock formations, slopes, elevations, soil types, watersheds, surface water types, wetlands, floodplains, aquifers or aquifer recharge areas and the like.

PLAN

A draft, diagram or drawing or set thereof showing the present and proposed physical features of and improvement to land and the proposed development thereto; see also Article IV for classification and requirements of plans. The term "plan" includes profiles, cross-sections and the like.

PLAN, AS BUILT

A plan prepared by a surveyor or engineer showing dimensions and locations of all improvements as actually constructed.

PLAN, FINAL

A subdivision plan and/or land development plan prepared for official recording purposes depicting all features required in §§ 110-19 and 110-20 herein and all plans, documents and submissions required therein.

PLAN, IMPROVEMENT CONSTRUCTION

A plan prepared by an engineer, architect, or landscape architect showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by this chapter, and shall include horizontal plans, profiles and cross-sections.

PLAN, LAND DEVELOPMENT

A sketch, preliminary or final plan including written and graphic documentation showing the provision for development of a subject tract when plans of subdivision would not be applicable.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwellings and a minimum percentage of open space in accordance with the requirements for planned residential development of Chapter 135, Zoning.

PLANNING COMMISSION SECRETARY

An individual duly appointed by the Board of Supervisors who serves as the Secretary for the Township Planning Commission.

PLANNING CONSULTANT

A certified planner, recognized as such by the American Institute of Certified Planners, an Institute of the American Planning Association, who provides technical assistance to the Township in matters such as subdivision and/or land development.

PLAN, PRELIMINARY

A subdivision and/or land development plan filed as a basis for consideration and approval prior to preparation of a final plan depicting all features required in § 110-19 herein including an improvements construction plan, conservation plan and all other plans, documents and submissions required therein.

PLAN, PROFILE

A plan prepared by an engineer, architect or landscape architect, showing the vertical section of the existing grade and proposed grade along the center line of any proposed street and any street appurtenances to be constructed or installed, which must include cross-sections of the street and other improvements construction.

PLAN, RECORD

A final plan prepared for recording by an engineer, architect, landscape architect or surveyor, showing the ultimate width of streets, the lot lines, easements and any other relevant information pertaining to a subdivision and/or land development as required by this chapter.

PLAN, SKETCH

A schematic plan, not necessarily to exact scale, indicating topographic, vegetative and other salient existing features of a tract and its surroundings and the general layout of the proposed subdivision and/or land development in sufficient detail to allow for disclosure of all significant review matters prior to the filing of a preliminary plan for a proposed subdivision and/or land development.

PLANTING, SCREEN

A planting strip of a specified width and height comprised of required plantings which create or provide a continuous visual buffer.

PLANTING STRIP

A strip of land lying between the curbline, or edge of the cartway, and the sidewalk or walkway, and any area requiring a planting screen as specified in this chapter, Chapter 135, Zoning, or any other Township ordinances, codes, regulations, plans and maps.

PLAT

A map representing a tract of land, showing the boundaries and location of individual properties and streets. A map or plan of a subdivision or land development, whether preliminary or final.

POND

A natural or artificial body of water which retains water on a year-round basis and is less than two acres in size. (The shoreline of a pond shall be measured from the spillway crest elevation rather than the permanent pool elevation should there be a difference in the two elevations.)

PRIMARY EFFECTS

Results of direct nature which have a principal influence on a particular condition or state.

PRIVATE SEWAGE DISPOSAL SYSTEM

An on-site or off-site system in which sewage is collected, conveyed, treated and disposed by means: approved by the Pennsylvania Department of Environmental Protection; in accordance with the Township's Sewage Facilities Plan; and administered, operated and maintained by an approved homeowners' association or other private entity.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the 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 not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

[Amended 1-6-1992 by Ord. No. 65B]

PUBLIC SEWER (PUBLIC SEWERAGE SYSTEM)

An off-site system in which sewerage is collected, conveyed, treated and disposed by means: approved by the Pennsylvania Department of Environmental Protection; in accordance with a Sewage Facilities Plan approved by the Township; and administered, operated and maintained by a governmental agency, authority, or commission.

PUBLIC WATER (PUBLIC WATER SYSTEM)

An off-site system in which water is distributed and supplied by means: approved by the state and Township; and administered, operated and maintained by an organization which is regulated by a governmental agency, authority or commission.

RESTRICTION

A limitation on property which may be created in a deed, lease, mortgage, through certain zoning, subdivision or other Township codes, ordinances, regulations, plans or maps or conditions of approval of an application for subdivision and/or land development.

RESTRICTIVE COVENANT

A restriction on the use and enjoyment of land usually set forth in the deed.

RESUBDIVISION

The further division of lots or the relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded; or the alteration of any streets or the establishment of any new streets within any such subdivision. "Resubdivision" does not include conveyances made so as to combine entire existing lots by deed or other instrument.

RETENTION BASIN

A reservoir, formed from soil or other material, which is designed to retain permanently a certain amount of stormwater from a catchment area and which also may be designed to detain temporarily additional stormwater runoff from the catchment area. Retention basins also may receive fresh water from year-round streams. Retention basins always contain water, and thus may be considered man-made lakes or ponds.

REUSE

A use for an existing building or parcel or lot of land other than the use for which it was originally intended or made.

REVIEW

An examination of the sketch, preliminary and/or final plan by the Township Planning Commission, Township Engineer, planning consultant, other Township officials, representatives and bodies and the Board of Supervisors to determine compliance with this chapter and its regulations, design standards and all other Township ordinances, codes, regulations, plans or maps.

RIGHT-OF-WAY

A strip of land granted or reserved for public or private use.

ROAD

A type of street.

SANITARY SEWAGE

Any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water-carried waste of human origin.

SANITARY SEWER

A pipe that conveys sanitary sewage.

SCALE

The relationship between distances on a map and the actual ground distances.

SCREENING

The use of plant materials, fencing, walls and/or earthen berms, or combinations thereof, to aid in the concealment of such features as parking areas and vehicles within them, and to provide privacy between two or more different land uses or activities; a visual and/or sound buffer or other barrier.

SECONDARY EFFECTS

Results of an indirect nature which have an influence on a particular condition or state derived from a primary effect.

SEDIMENT

Deposited silt or other matter that is being or has been moved from its site of origin by water or other means of erosion.

SEDIMENT BASIN

A structure designed and built to retain sediment.

SEPTIC SYSTEM

An underground system with a septic tank and filter field used for the decomposition of domestic wastes and its safe disposal.

SEPTIC TANK

A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof, and is designed and constructed so as to permit settling of solids from this liquid, digestion of the organic matter, and discharge of the liquid portion into a disposal area.

SEPTIC TANK FILTER FIELD

A system of open jointed pipes intended to distribute septic tank effluent into the ground for absorption and evaporation.

SERVICE ROAD

A separate and subordinate cartway abutting or within the right-of-way of a street which is parallel to and connected at controlled intervals with the principal cartway, and which serves as the means of access to abutting lots.

SETBACK AREA

The area to be designated, delineated, depicted and otherwise noted on any plan as separating buildings or groups of buildings, or the area separating parking areas from loading zones from buildings and groups of buildings or the lines of the buildable areas and the lot lines. Setback areas also include the area separating a building or a group of buildings or their parking areas from the street line and other lines.

SEWAGE

The total of organic waste and waste water generated by residential, industrial, commercial, institutional or other establishments.

SEWER

Any pipe or conduit used to collect and carry away sewage or stormwater runoff from the generating source of origin to treatment plants and to a receiving stream or other drainage way.

SEWERAGE

All effluent carried by sewers whether it is sanitary sewage, residential, commercial or industrial wastes or stormwater runoff; or the entire system of sewage collection, conveyance, treatment and disposal.

SEWERED AREA

That portion of the Township designated in the official Sewage Facilities Plan in which there is, or may be, constructed a public sewer system.

SHADE TREE

A woody plant, usually deciduous, which normally grows with one main trunk to a height in excess of 40 feet and has a canopy which screens and filters, the sun in the summer, and winter, respectively.

SHORT-TERM EFFECTS

Results which are manifest for, or extending over, a short period of time.

SILT

Finely divided particles of soil or rock, often carried in cloudy suspension in water and eventually deposited as sediment.

SITE

A tract or parcel of land or combination of contiguous lots on a tract which form an area for a development project.

SITE PLAN

Any plan for a subdivision or a land development, whether sketch, preliminary, tentative, or final; any plan prepared for an application for a conditional use or special exception; or any plan prepared for the purpose of obtaining a building permit, grading permit or any other permit.

SLOPE, STEEP

Those areas of land which are characterized by a change in elevation of 15% up to 25% based on three consecutive two-foot contours, which is six cumulative vertical feet of grade change.

[Amended 12-14-2009 by Ord. N. 122; 10-8-2015 by Ord. No. 141]

SLOPE, VERY STEEP

Those areas of land which are characterized by a change in elevation in excess of 25% based on three consecutive two-foot contours, which is six cumulative vertical feet of grade change.

[Amended 10-8-2015 by Ord. No. 141]

SOCIAL AND DEMOGRAPHIC CHARACTERISTICS

Characteristics related to the distribution, density and vital statistics of populations.

SOIL EROSION

The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, and ice.

SOIL EROSION AND SEDIMENT CONTROL PLAN

A plan and related narrative report required in accordance with this chapter for the control and mitigation of soil erosion and sedimentation.

SOIL PERCOLATION TEST

A field test in accordance with criteria of the Pennsylvania Department of Environmental Protection and the Sewage Enforcement Officer conducted to determine the suitability of the soil for on-site sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.

SOIL SURVEY

A report entitled "Soil Survey - Chester and Delaware Counties, Pennsylvania," published May 1963 by the U.S. Department of Agriculture, Soil Conservation Service, and updated from time to time.

SOLID WASTE

Garbage, refuse or other discarded materials including, but not limited to, nonliquid waste materials resulting from industrial, commercial, institutional, agricultural and residential activities.

SPECIMEN TREE

A shade tree or street tree.

STORM SEWER

A sewer that carries storm, surface and ground water drainage but excludes sewage and residential, commercial and industrial wastes.

STORMWATER

That water which accumulates from precipitation and is manifest in surface runoff.

STORMWATER DETENTION

Any storm drainage technique that retards or detains runoff, in rate, volume, or otherwise, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.

STORMWATER MANAGEMENT PLAN

A plan for controlling surface water runoff so that it will preclude erosion or flooding and/or the adverse effects of impervious areas on surface water runoff as required by the Township ordinances, codes, regulations, plans and maps.

STREAM

A type of watercourse.

STREET

A public (dedicated) or privately owned (undedicated) right-of-way, serving as a means of vehicular and pedestrian circulation to furnish access to abutting lots and used to provide space for installation improvements such as sewers, other utilities, street trees, sidewalks.

STREET, COLLECTOR

(1)

MAJORA street intended to serve a principal role in collecting traffic from minor collectors and local streets, and used primarily as the means of access for through traffic within the Township and to areas adjacent thereto, and from minor arterial or principal arterial streets.

(2)

MINORA street intended to serve a principal role in collecting traffic from local streets, and used primarily as the means of access for through traffic between residential neighborhoods and other areas within the Township and to areas adjacent thereto, and from major collectors and arterials.

STREET LINE

The dividing line between a lot and the right-of-way line of a public street, road, or highway legally open or between a lot and a privately owned street or road over which the owners or tenants of two or more lots, each held in single and separate ownership, have the right of access.

STREET, LOCAL

(1)

CUL-DE-SACSee "cul-de-sac."

(2)

PRIMARYA street intended to serve a principal role in providing access to lots abutting thereon, and as a means of collecting traffic from local secondary streets and gaining access to collector streets.

(3)

SECONDARYA street intended to serve a principal role in providing access to lots abutting thereon and to loop and cul-de-sac streets and as the means for gaining access to local primary streets.

STREET, LOOP

A local street which has its only ingress and egress at two points of the same connecting street, or, at one point with the connecting street, as would be the case if the loop street were in the form of a circle.

STREET, MINOR ARTERIAL

A street intended to serve a principal role in accommodating traffic from collector streets and in carrying relatively large volumes of long distance traffic between principal arterials and other minor arterials.

STREET, PRINCIPAL ARTERIAL

A street intended to serve a principal role as a limited access highway with no grade crossings.

STREET, PRIVATE

A street not offered or required to be offered for dedication or duly accepted by the Board of supervisors as a public street.

STREET TREE

A shade tree within a street right-of-way not less than 3 1/2 to four inches in caliper. Street trees recommended for use in the Township are listed in the Appendix of this chapter.[5]

STRIPPING

Cutting or any other activity which removes the vegetative surface cover such as tree removal, clearing, grubbing and removal of topsoil.

STRUCTURAL ALTERATION

Any change in or addition to the supporting or structural members of a building or other structure, such as the bearing walls, partitions, columns, beams or girders, or any change which could convert an existing building or other structure into a different structure, or adapt it to a different use.

STRUCTURE

Any man-made object or improvement having an ascertainable stationary location on land or in the water, whether or not affixed to the land.

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, conveyance or other 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.

[Amended 1-6-1992 by Ord. No. 65B]

SURVEYOR

A person duly registered by the Commonwealth of Pennsylvania to practice surveying.

SWALE

An elongated depression in the ground which collects and channels surface water runoff.

TOWNSHIP ENGINEER

A professional engineer (P.E.) licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township; or a firm of such engineers employed by the Township or retained as a consultant thereto.

TOWNSHIP SECRETARY

An individual duly appointed by the Board of Supervisors who serves as Secretary to the Township.

TRACT

An area, lot, parcel, site, or property which is the subject of a subdivision and/or land development application.

TRANSPORTATION (CIRCULATION)

A system for the movement of people or goods, including conveyors such as streets and highways, accessory facilities such as parking facilities and driveways, attributes of conveyance such as traffic volumes, trip generation and traffic controls.

USE

The specific purpose for which land or a building is proposed to be subdivided and/or developed or is otherwise designed, arranged, intended or for which it is proposed or may be occupied or maintained.

UTILITIES

Facilities such as sewers, water mains, fire hydrants, street lights and other facilities of the same general character; installations of a community which pertain to their consumption and emission characteristics, including facilities such as those used for water supply, sewage disposal, refuse disposal, storm drainage, communications and electrical transmission.

VISUAL RESOURCES

Characteristics of the natural and/or cultural environment which are visible. The visual resources of a particular area are typically expressed in terms of their visibility, character and/or attractiveness relative to their amenity value and/or quality, or lack of it.

WALKWAY

A thoroughfare for pedestrian travel.

WATERCOURSE

A stream with year-round or substantially year-round flow such as a stream, creek or run.

YARD

An open area that lies between the permitted principal or accessory building or buildings and the nearest lot line. Such yard shall be unoccupied and unobstructed from the ground upward, except as provided otherwise in Chapter 135, Zoning.

YARD, FRONT

A 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 the permitted principal or accessory building or buildings on the lot.

YARD LINE

A line drawn parallel to a lot line at a distance there from equal to the depth of the required yard.

YARD, REAR

A 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 the permitted principal or accessory building or buildings on the lot.

YARD, SIDE

A yard extending the full depth of the lot along the side lot line and extending in width from such side lot to the nearest point of the permitted principal or accessory building or buildings on the lot.

ZONING ORDINANCE

The Chadds Ford Township Zoning Ordinance, as amended; Chapter 135 of the Code of Chadds Ford Township.

[1]

Editor's Note: Said application form is on file in the Township offices.

[2]

Editor's Note: The Pennsylvania Unit Property Act of 1963 was repealed 7-2-1980 by P.L. 286, No. 82. See now the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

[3]

Editor's Note: The Zoning Map is on file in the Township offices.

[4]

Editor's Note: See 35 P.S. § 750.1 et seq.

[5]

Editor's Note: Said listing is included as an attachment to this chapter.

Words not defined above shall have the meaning given in the Municipalities Planning Code;[6] Chapter 135, Zoning; or other Township codes and ordinances; and if not defined in the aforementioned documents, the most recent edition of Webster's Unabridged Dictionary.

[Added 1-6-1992 by Ord. No. 65B]

[6]

Editor's Note: See 53 P.S. § 10101 et seq.