The following terms, as used in this Subdivision and Land Development Code, shall have the meanings indicated below:
(1) “Alley.” See definition (80)F.: “service street.”
(2) “Applicant.” A landowner or developer, as hereinafter defined, who has filed an application for development, including the applicant's heirs, successors, and assigns.
(3) “Application for development.” Every application, whether preliminary, tentative 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 plat or plan, or for the approval of a development plan.
(4) “Authority.” A body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the “Municipality Authorities Act of 1945.”
(5) “Backlight.” Light that causes light trespass onto adjacent properties.
(6) “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 Borough; by streets and public land or other park or recreation area; or any combination of the above.
(7) “Borough.” The Borough of Swarthmore.
(8) “Borough Council.” The Borough Council of the Borough of Swarthmore.
(9) “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.
(10) “Building.” Any combination of materials forming any structure having walls and a roof that is erected or placed on the ground and designed, intended, or arranged for the housing, sheltering, enclosure, or structural support of persons, animals, or property of any kind. Any shed, mobile home or similar structure constructed off-site prior to placement on the ground also is a building.
(11) “Building setback line.” An established line within a property defining the minimum required distance between any structure to be erected and an adjacent right-of-way line or street line.
(12) “Buffer.” A strip of required yard space within a property, or to the boundary of a property or district, on which is located a visual barrier of sufficient height and density to appropriately buffer or screen the property or use.
(13) “Caliper.” As defined in the “American or U.S.A. Standard for Nursery Stock,” American National Standards Institute (ANSI) or U.S.A.S. Z60.1 of the American Association of Nurserymen, as most currently amended.
(14) “Cartway.” The portion of a street right-of-way, paved or unpaved, customarily used by vehicles in the regular course of travel over the street.
(15) “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 the street center lines, as may be specifically delineated as the “Triangle of Unobstructed Vision” in the Zoning Code.
(16) “Comprehensive Plan.” The official public document of current adoption, consisting of maps, charts, and textual matter, that constitutes a policy guide to decisions about the physical and social development of the Borough.
(17) “Condominium.” A form of ownership of real property, as defined in the Pennsylvania Uniform Condominium Act of 1980, which includes an undivided interest in a portion of a parcel, together with a separate interest in a space within a structure.
(18) “Crosswalk.” A right-of-way, or designated portion of a right-of-way, municipally or privately-owned, intended to furnish access for pedestrians.
(19) “DBH.” The diameter of a tree at breast height, usually measured 4.5 feet from the ground surface.
(20) “Detention basin.” A structure designed to retard surface (or temporarily store) surface water runoff for a period of time sufficient to cause the deposit of sediment and to reduce the velocity, volume and/or rate of surface flows leaving a site, thus reducing flood potential.
(21) “Developer.” Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. The developer may also be the subdivider as defined herein.
(22) “Development.” Any man-made change to improved or unimproved real estate, including but not limited to the erection of buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation, drilling operation, the storage of equipment or materials, and the subdivision of land.
(23) “Development agreement.” A written contract between a subdivider or applicant and the landowner, on the one hand, and the Borough, on the other, specifying the conditions of final approval by the Borough, and providing for the completion and dedication of public improvements.
(24) “Driveway.” A private means of vehicular and pedestrian access between a public or private street and a parking area or areas within a lot or group of lots.
(25) “Dwelling.” Any building or portion of a building used for human habitation by a family.
(26) “Easement.” A permanent right granted for limited use of private land, normally for a public purpose (e.g., utility, drainage, and public access) whereby the owner of the property shall have the right to make any other use of the land that is not inconsistent with the rights of the grantee.
(27) “Easement, conservation.” A legal agreement between a property owner and an appropriate conservation organization or governmental entity, through which the property owner establishes certain use restrictions over all or portion(s) of the property for conservation purposes.
(28) “Engineer.” A professional engineer, licensed in Pennsylvania, and duly designated by the Borough to perform the duties of engineer as herein specified.
(29) “Erosion.” The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, gravity or other natural elements.
(30) “Excavation.” Any act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or moved, including the conditions resulting therefrom.
(31) “Fence.” Any permanent structure more than 18 inches in height and more than 42 inches in length, constructed of wood, glass, brick, metal, stone or other material, including earthen berms, but not including planted living materials. Structures commonly known as walls, except retaining walls, are specifically included in this definition.
(32) “Fill.”
A. Any act by which earth, sand, gravel, rock, or any other similar material is placed, pushed, dumped, pulled, stockpiled, 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;
B. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; or
C. The material used to make a fill.
(33) “Flag lot.” See definition (45) “Lot, interior.”
(34) “Floodplain.” A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse, and/or any area subject to the unusual and rapid accumulation of surface waters from any source. The basis for delineation of the floodplain shall be as prescribed in Chapter 1457, the Floodplain Management Regulations.
(35) “Foot candle.” A unit of incident light quantity striking a surface and measurable with an illuminance meter (also called a foot candle meter or light meter). A vertical foot candle, as referred to in this chapter is a unit of incident light quantity striking a vertical surface, such as a building wall.
(36) “Geologic formations.” Any natural or geologic feature existing on the property, such as rock outcrops, steep slopes, stream beds and floodplains.
(37) “Glare.” The sensation produced by excessive direct or reflected light that can be annoying or visually disabling.
(38) “Guarantee, maintenance.” Any security which may be required of an applicant by the Borough after final acceptance by the Borough of improvements installed by the applicant. Such security may include but is not limited to Federal or Commonwealth lending institution irrevocable letter of credit or restrictive or escrow account.
(39) “Guarantee, performance.” Any security which may be required of an applicant by the Borough in lieu of a requirement that certain improvements be made before the Borough approves the applicant's subdivision plan or land development plan. Such security may include but is not limited to Federal or Commonwealth lending institution irrevocable letter of credit or restrictive or escrow account.
(40) “Illuminance.” The quantity of incident light per unit area, measured with a light meter in foot candles.
(41) “Impervious lot coverage.” The total area of the lot or parcel which is covered by impervious surfaces.
(42) “Impervious surface.” Material that is impenetrable and prevents absorption of water into the ground.
(43) “Improvements.” Buildings, for public or quasi-public use, streets, curbs, gutters, street lights and signs, water mains, hydrants, sanitary sewer mains, including laterals to the street right-of-way line, storm drainage lines, stormwater management structures, walkways, recreational facilities, open space improvements, shade trees, buffer or screen plantings, and all other additions to the tract that are required by this Subdivision and Land Development Code or necessary to result in a complete subdivision or land development in the fullest sense of the term.
(44) “Improvements, public.” Improvements, including but not limited to those contained in the definition of “Improvements,” that are intended for dedication to the Borough, either in fee or by easement.
(45) “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.
3. Development in accordance with § 503(1.1)(i) and (iii) of the Municipalities Planning Code.
B. The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building shall not be considered a land development for purposes of this Subdivision and Land Development Code.
C. All applications for land development will follow the review process for major subdivisions as outlined in this Code.
(46) “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 authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
(47) “Light trespass.” The light created by a lighting installation which extends beyond the boundaries of the property on which the installation is sited.
(48) “Lot.” A designated parcel, tract or area of land established by a plat, subdivision or as otherwise permitted by law to be separately owned, used, developed or built upon.
(49) “Lot area.” The area of land included within the title lines of a lot, except that area set aside as a right-of-way for a street. Areas to be excluded from the calculation of minimum lot area shall be as stated in this Subdivision and Land Development Code and the Zoning Code, as applicable.
(50) “Lot, corner.” A lot bounded on at least two sides by streets whose lines, when extended, form an interior angle of 135 degrees or less.
(51) “Lot, interior (flag).” A lot which does not meet the minimum lot width requirement in the applicable Zoning District in the Swarthmore Borough Zoning Code.
(52) “Lot, reverse frontage.” A lot extending between and having frontage on a through highway or secondary road and a residential street, with vehicular access solely from the latter.
(53) “Lot line, front.” The lot line abutting any street and coinciding with any street right-of-way line. In the case of an interior lot, the front lot line shall be the line most parallel and closest to the street right-of-way line at the nearest point to the right-of-way where the lot attains substantially the minimum required lot width.
(54) “Lot line, rear.” The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
(55) “Lot line, side.” Any lot line not a front or rear lot line.
(56) “Lot width.” The distance between side lot lines along the street line of a lot, as measured along the curve and articulation of the actual street line.
(57) “Lumen.” The light output rating of a lamp (light bulb).
(58) “Manufactured home.” This definition used for the National Flood Insurance Program only; see definition (62): “Mobile home.”
(59) “Manufactured home lot.” This definition used for the National Flood Insurance Program only; see definition (63): “Mobile home lot.”
(60) “Manufactured home park or subdivision.” This definition used for the National Flood Insurance Program only; see definition (64): “Mobile home park.”
(61) “Minimize.” To reduce to the smallest amount possible using best management practices. “Minimize” shall not mean complete elimination but shall require that the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect of the action required to be minimized. With respect to activities that are adverse to the conservation of the natural features of land, the requirement to minimize shall include but not be limited to the requirement that the placement of dwellings and other structures and the location of roads, sedimentation and erosion control devices, stockpiling and earthmoving activities shall be planned and designed so as to reduce any suspected adverse effect of the activity in question.
(62) “Mobile home.” 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.
(63) “Mobile home lot.” 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.
(64) “Mobile home park.” A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
(65) “Monument.” A tapered, permanent survey reference point of stone or concrete, having a rounded top of four inches on each side, a bottom of six inches on each side, and a length of 24 inches.
(66) “MPC.” The Municipalities Planning Code, as defined in this Subdivision and Land Development Code.
(67) “Municipalities Planning Code.” 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. Hereafter referred to in this Code as the MPC.
(68) “One hundred-year flood.” A flood that, on average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
(69) “Open space, common.” A parcel or parcels of land or an area of water, or a combination of land and water, within a development and designed and intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas, areas set aside for public facilities, and private yards.
(70) “Plan.” Shall include the following:
A. “As-built.” A corrected final plan, showing dimensions and locations of all streets and other improvements as actually constructed.
B. “Conservation.” A component of the preliminary and final plan, prepared by a registered engineer, showing existing conditions and disclosing the environmental consequences of the proposed action. The plan includes a natural resources inventory, impact assessment, steep slope analysis, grading plan, and mitigation and maintenance proposals.
C. “Final.” An exact and complete site design and layout plan and improvements construction plan prepared by a registered engineer or surveyor, to be recorded upon approval.
D. “Improvements construction.” A component of the preliminary and final plan, prepared by a registered engineer, showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts, and other improvements as required, including a horizontal plan, profiles and cross-sections.
E. “Land development.” A sketch, preliminary, or final plan, including written and graphic material, showing the provision for development of a subject tract when a subdivision plan would not be applicable.
F. “Landscaping, buffering and screening and lighting.” A component of the preliminary and final plan, prepared by a registered engineer, showing proposed landscaping, including but not limited to number and type of species, spacing, size at time of planting, and planting details, proposals for protection of existing vegetation during and after construction, proposed treatment of hard and soft surfaces, proposed decorative features, grade changes, buffers and screening devices, and isofootcandle diagrams to show level and extent of lighting on the site.
G. “Preliminary.” A site design and layout plan and improvements construction plan prepared by a registered engineer, in less detail than a final plan, and prepared for consideration prior to submission of a final plan.
H. “Recorded.” A final plan, with accompanying documents as required by this Code, which has been recorded by the applicant in the office of the County Recorder of Deeds.
I. “Site design and layout.” A component of the preliminary and final plan, prepared by a registered engineer, showing: property lines, existing and proposed streets, lots, buildings, public areas, drainage facilities, easements, and other details pertinent to the proposal.
J. “Sketch.” A plan submitted, at the applicant's option, for review and discussion prior to application for preliminary plan approval, including at minimum the information suggested for sketch plans by this Code.
K. “Stormwater management and erosion and sedimentation control.” A component of the preliminary and final plan, prepared by a registered engineer, showing a plan for the management of stormwater and control of erosion and sedimentation during the course of site preparation or any other land disturbance.
(71) “Planning Agency.” The Borough Planning Commission.
(72) “Public hearing.” A formal meeting held pursuant to public notice by Borough Council or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the MPC and applicable Borough regulations.
(73) “Public meeting.” A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the “Sunshine Act.”
(74) “Recreational vehicle.” A vehicle which is:
A. Built on a single chassis;
B. Not more than 400 square feet, measured at the largest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light-duty truck;
D. Not designed for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
(75) “Recreational vehicle park.” A parcel of land under single ownership which has been planned and improved for the placement of two or more recreational vehicles.
(76) “Reserve strip.” A parcel of land separating a street from adjacent properties.
(77) “Resubdivision.” A change in the map of an approved or recorded subdivision plat, if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
(78) “Right-of-way.” The total width of any land reserved or dedicated as a street, alley, or crosswalk, or for any other public or private purpose.
(79) “Seasonally high water table soils.” Those soils in which the groundwater surface is within one foot of the ground surface at certain times of the year, according to the Soil Survey of Chester and Delaware Counties, United States Department of Agriculture, Soil Conservation Service (now called the Natural Resource Conservation Service, or NRCS), and/or determined by on-site investigation.
(80) “Sediment.” Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, or gravity.
(81) “Sedimentation.” The depositing of earth or soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means.
(82) “Service facility.” A loading dock, garbage storage area, dumpster or similar outdoor facility that serves the principal structure on a lot.
(83) “Sewage facilities.” Any public system designed and operated by the Borough or other municipality or municipal authority for the treatment and disposal of sewage, in which sewage is conveyed by a system of pipes to an off-site, publicly-operated treatment facility and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
(84) “Shade tree.” A tree in a public place, street, special easement, or right-of-way adjoining a street, as provided in this Code.
(85) “Sight distance.” A line of unobstructed vision between two points of specified height above the centerline of a street, the length of which shall be of a minimum specified distance.
(86) “Specimen tree.” A unique, rare, or otherwise specifically selected plant or tree designated as such by the Borough, which most typically represents a whole class or group, specifically in shape, form, historical importance, or any other characteristic.
(87) “Stormwater.” Water which surfaces, flows, or collects during and subsequent to rain or snowfall.
(88) “Street.” Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic and pedestrians, whether public or private, but not to include a driveway.
A. “Through highway.” A street which serves or is designed to serve as a major artery for communication and transportation between municipalities and other large communities.
B. “Secondary road.” A street which serves or is designed to serve as a means of communication and transportation between neighborhoods and as a feeder road between through highways and identifiable neighborhoods.
C. “Residential.” A street, municipally or privately-owned, which provides vehicular and pedestrian access to adjacent properties and residences.
D. “Cul-de-sac street:” A residential street intersecting another street at one end, and terminating at the other end by a permanent vehicular turnaround.
E. “Private street.” A residential street, serving only abutting lots, that is:
1. Not offered or required to be offered for dedication; or
2. Not accepted for dedication.
F. “Service street (alley).” A minor right-of-way, on which no principal use fronts, providing secondary vehicular access to the side or rear of two or more properties.
G. “Single-access street.” A residential street, including but not limited to a cul-de-sac or loop design, which has only one point of intersection with an existing street or with a proposed street having more than one access point.
(89) “Street line.” The dividing line between a lot and the outside boundary or right-of-way line of a public street, road, or highway legally open or officially platted, or between a lot and a privately-owned street, road, or way, over which the owners or tenants of two or more lots, each held in single and separate ownership, have the right-of-way.
(90) “Structure.” Any combination of materials forming any construction that is erected on or attached to the ground.
(91) “Subdivider.” Any individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit (or agent authorized thereby) which undertakes the subdivision or development of land.
(92) “Subdivision.”
A. The division or redivision of a lot, tract or parcel of land 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 devises, 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 ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
B. For purposes of procedure, all applications shall be classified as either minor or major:
1. Minor: any subdivision in which:
a. No street is to be constructed or widened;
b. No other public improvement, i.e. one intended to be dedicated to the Borough, is to be constructed;
c. No land disturbance activities will take place, except those incidental to construction of a single-family dwelling on each lot; and
d. No more than three lots are created.
2. Major: any subdivision other than a minor subdivision.
(93) “Subdivision officer.” That official of the Borough designated by Borough Council to administer the provisions of this Subdivision and Land Development Code.
(94) ”Substantially completed.” A site condition where, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 1286.13) of those improvements required as a condition of final approval have 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.
(95) “Surveyor.” A professional land surveyor licensed in Pennsylvania.
(96) “Swale.” A natural channel or other low-lying stretch of land which gathers or carries surface water runoff.
(97) “Temporary lighting.” A lighting system which is installed only for the duration of a temporary activity, such as construction, or one-time recreational events, including athletic, social, or entertainment events.
(98) “Topsoil.” Natural and friable loam containing sufficient humus and nutrients to support plant growth.
(99) “Uplight.” Light that is directed upwards that causes artificial sky glow.
(100) “Watercourse.” A permanent stream, intermittent stream, river, brook, creek, or a channel or ditch for water, whether natural or man-made.
(101) “Wetlands.” 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, including swamps, marshes, bogs, fens and similar areas; or as further defined and delineated by the United States Army Corps of Engineers, the United States Environmental Protection Agency or the Pennsylvania Department of Environmental Protection.
(102) “Woodland.” Generally, a land area characterized by a more or less dense and extensive tree cover. More particularly, a plant community predominantly of healthy trees and other woody vegetation, well-stocked and growing more or less closely together.
(103) “Yard.” That portion of a lot which is unoccupied and open to the sky.
(104) “Yard, front.” The required open space between a structure and the street right-of-way line that extends the full width of the lot.
(105) “Yard, rear.” The required open space between a structure and the rear property line that extends the full width of the lot.
(106) “Yard, side.” The required open space between a structure and the interior side property line that extends between the front and rear yards.
(Ord. 961, § 202. Passed 8-13-01; Ord. 1044. Passed 8-8-11; Ord. 1095. Passed 12-20-21.)