A.
Unless otherwise stated, the definitions assigned to the terms in § 190-13 shall be construed throughout this chapter to have the meaning therein indicated.
B.
The words "shall" and "must" are mandatory; the words
"may" and "should" are permissive.
C.
The word "structure" includes "building;" both terms
shall be construed as if followed by the phrase "or part thereof."
D.
The words "person," "subdivider," and "owner" include
"individual," "profit or nonprofit organization," "partnership," "company,"
"unincorporated association," "corporation," and similar entities.
E.
The word "watercourse" includes "channel," "creek,"
"ditch," "dry run," "spring," "stream," and "river."
F.
The word "including" shall not limit the term to the
specified example(s), but is intended to extend its meaning to all
other instances of similar kind and character.
When terms, phrases, or words are not defined,
they shall have their ordinarily accepted meaning, or such as the
context may imply.
See "street, service."
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.[1]
A licensed architect in the Commonwealth of Pennsylvania.
A lot or group of lots bounded by streets, public parks,
railroad rights-of-way, watercourses or other bodies of water, or
by any combination thereof.
The governing body of the Township of Maidencreek, Berks
County, Pennsylvania.
A type of structure designed, intended, or arranged for the
housing, sheltering, enclosure, or structural support of persons,
animals, or property of any kind.
An imaginary line across a lot, parallel to the street right-of-way
and set back from the street right-of-way a distance equal to the
minimum setback from street right-of-way noted for the zoning district
within which the lot is located. In the case of flag lots, the building
line shall be set back such distance from the front property line,
which is that property line closest and most nearly parallel to the
street right-of-way line. Where a lot lies within more than one zoning
district, the setback requirement for the district within which the
right-of-way line (or front property line of a flag lot) is located
shall be controlling. Where the right-of-way line (or front property
line of a flag lot) lies within more than one district, the largest
setback requirement shall be applied over the entire lot.
That portion of a street or alley right-of-way, paved or
unpaved, intended for vehicular use, including travel lanes and parking
areas but excluding shoulders, curbs, sidewalks, and drainage channels.
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.
The County of Berks, Commonwealth of Pennsylvania.
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.
The deliberate appropriation of land by its owner for any
general and public use, reserving to himself no other rights than
those that are compatible with the full exercise and enjoyment of
the public uses to which the property has been devoted.
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.
Off-site sewage disposal (q.v.), either privately or publicly
owned.
The treatment and disposal of sewage by use of a sanitary
sewer system, including a sewage treatment plant approved by the Maidencreek
Township Sewage Enforcement Officer and the Pennsylvania Department
of Environmental Protection, and serving a number of dwellings, businesses,
and/or institutions. Typically, but not necessarily, sewage is treated
at a location other than the site(s) which generated the sewage.
The disposal of sewage by use of cesspools (not permitted
for new systems), septic tanks and drainage fields, or other safe
and healthful means within the confines of the lot on which the use
is located as approved by the Maidencreek Township Sewage Enforcement
Officer.
Off-site sewage disposal (q.v.) wherein the facilities are
owned by the public sector, typically the Township or a municipal
authority created by the Township.
A privately owned area providing vehicular access to not
more than two lots.
A building or entirely self-contained portion thereof containing
complete housekeeping, sleeping, and lavatory facilities which is
suitable for human habitation. No dwelling shall be wholly situated
in either a basement or a cellar.
An interest in land owned by another that entities the holder
to a specific limited use or enjoyment.
The application of the County Planning Commission's review
stamp and the signature of the Secretary to the final plan.
A licensed professional engineer registered in the Commonwealth
of Pennsylvania.
That area included within the one-hundred-year flood boundary
of the Flood Insurance Rate Map published by the Federal Emergency
Management Agency, most recent revision.
Those physical additions and changes to the land that may
be necessary to provide usable and desirable lots.
A type of financial security in the form specified by this chapter which shall be posted by the developer as a condition of final plan approval in accordance with § 190-27B of this chapter in an amount equal to 110% of the cost of completion of the improvements to be constructed by the developer.
Any of the following activities:[2]
The improvement of one lot or two or more contiguous
lots, tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or form of tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups, or other
features.
A subdivision of land.
The following activities are excluded from this
definition:
The conversion of an existing single-family
detached dwelling or a single-family semidetached dwelling into not
more than three residential units, unless such units are to be condominium
units; and
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
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 is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land.[3]
A landscape architect licensed in the Commonwealth of Pennsylvania.
A parcel, tract, or area of land established by plat or otherwise
as permitted by law and to be used, developed, or built upon as a
unit. Contiguous parcels, tracts, or lots of land owned by the same
person or persons, although by separate deeds, shall be considered
as a single lot, tract, or parcel of land for the purpose of this
chapter. The term "lot" shall include the terms parcel, plot, site,
and all similar terms.
Where the term "lot area" or "lot size" is used without a
preceding modifier, the lot area shall be the total area of land and
surface waters contained within the legal limits of the property lines
of a lot, excluding lands within public rights-of-way. The calculation
of lot area for a flag lot shall not include the lands occupied by
the access strip.
A type of financial security in the form specified by this chapter which shall be posted by the developer in accordance with § 190-27E of this chapter upon the dedication of water mains, sanitary sewer lines, or both, along with apparatus or facilities related thereto, to a public utility or municipal authority separate and distinct from the Township in order to assure proper maintenance of such water mains, sanitary sewer lines, and related apparatus and facilities.
A metal pin of at least 3/4 inch diameter and at least 36
inches in length.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single 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.
A parcel or contiguous parcels of land which has been so
designated or improved that it individually or they jointly contain
two or more mobile home lots for the placement thereon of mobile homes.
A stone or concrete monument with a flat top at least four
inches in diameter or square and least 30 inches in length. Concrete
monuments shall contain a metal dowel or plug. The bottom sides or
radius shall be at least two inches greater than the top in order
to minimize movements caused by frost.
The Maidencreek Township Municipal Authority.
[Added 6-19-2003 by Ord. No. 193]
A type of financial security in the form specified by this chapter which shall be posted by the applicant in accordance with § 190-27D of this chapter upon acceptance by the Township of all or some of the public improvements constructed by the applicant in an amount not to exceed 15% of the replacement cost of installation of said improvements. Such security shall insure the structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication.
A complete and exact plan of a subdivision or a land development meeting the requirements of § 190-17 of this chapter, including all supplementary data, and which is suitable for recording by the Recorder of Deeds in order to define property rights, proposed streets, and other improvements.
The Planning Commission of the Township of Maidencreek, Berks
County, Pennsylvania.
An approved final plan bearing the original endorsement of
the Berks County Planning Commission and the endorsement of the Township
such that it is in compliance with the requirements of the Berks County
Recorder of Deeds.
A plan showing the salient existing features of a tract and its surroundings and the general layout of a proposed subdivision or land development. Compliance with § 190-14 of this chapter is encouraged.
A map or plan of a subdivision or land development whether
sketch, preliminary, or final.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A parcel of ground in separate ownership separating a street
from other adjacent properties, or from another street.
Any replatting or resubdivision of land, limited to changes in lot lines on an approved final plan or record plan as specified in § 190-28 of this chapter. Other replatting shall be considered as constituting a new subdivision of land.
A lot extending between and having frontage on two generally
parallel streets (excluding service streets) with vehicular access
solely from one street.
The total width of any land reserved or dedicated as a street,
alley, crosswalk, or for other public or semipublic purposes.
A covered, watertight, monolithic, concrete settling tank
in which raw sewage is biochemically changed into solid, liquid, and
gaseous states to facilitate further treatment and final disposal.
A paved path available to the general public for pedestrian
use.
The area between a street curbline and the right-of-way line
of a street as shown on a recorded subdivision plan or as established
by ordinance.
The length of roadway visible to the driver of a motor vehicle
at any given point on the roadway when the view is unobstructed by
traffic. Sight distance measurements shall be made from a point 4
1/2 feet above the center line of the road surface to a point six
inches above the center line of the road surface.
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.
A public (dedicated) or private (undedicated) right-of-way
intended for use as a means of vehicular and pedestrian circulation.
This term includes avenue, boulevard, highway, lane, road, thoroughfare,
and similar terms.
A street serving a large volume of comparatively high-speed
and long-distance traffic, including all streets classified as main
and secondary highways by the Pennsylvania Department of Transportation.
A street which, in addition to providing access to abutting
properties, intercepts minor streets to provide a route serving 50
or more dwelling units to give access to community facilities or other
collector streets or major streets.
See "street, partial."
A street used primarily to provide access to abutting properties.
A local access street, generally parallel and adjacent to
an arterial street (but separated therefrom by a reserve strip) which
provides access to abutting properties and control of intersections
with the arterial street.
A street, generally parallel and adjacent to a property line,
having a lesser right-of-way width than required for improvement and
use of the street.
A privately owned street not dedicated to the Township.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties; an alley.
A type of local access street which has only one point of
intersection with the public street network. Single-access streets
include culs-de-sac and all variations of the cul-de-sac design, including
"wye" configurations, "tee" configurations, and loop roads.
See "developer."
The division or redivision of a lot, tract,
or parcel of land by any means into two or more lots, tracts, parcels,
or other divisions of land including changes in existing lot lines
for the purpose, whether immediate or future, of lease, partition
by the court for distribution to heirs or devisees, transfer of ownership,
or building or lot development; provided, however, that the subdivision
by lease of land for agricultural purposes into parcels of more than
10 acres not involving any new street or easement of access or any
residential dwelling, shall be exempted.
Resubdivision (q.v.).
The process of subdividing land or to the land
proposed to be subdivided, as shall be appropriate within this chapter.
A licensed surveyor registered in the Commonwealth of Pennsylvania.
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 vaporization.
The Township of Maidencreek, Berks County, Pennsylvania.
An individual employed by the Township or engaged as a consultant
thereto or his duly authorized representative.
The person designated by the Board of Supervisors to perform
the duties of the Secretary of the Township as set forth in the Second
Class Township Code,[4] or his duly authorized representative.
The attorney appointed by the Board of Supervisors or his
duly authorized representative.
See "water supply, community."
Source of potable water which is provided to more than one
user, wherein the source, treatment facilities, and means of transmission
are either publicly or privately owned.
A source of potable water which is located upon the same
lot as the user and supplies no other users.
A community water supply (q.v.) which is owned and operated
by the public sector, typically the Township or a municipal authority
created by the Township.
That map delineating use districts within Maidencreek Township and incorporated by reference as an integral part of Chapter 220, Zoning.
The Zoning Ordinance of Maidencreek Township, Berks County,
Pennsylvania.[5]
[4]
Editor's Note: See 53 P.S. § 65101 et seq.
