The language set forth in the text of this chapter shall be
interpreted in accordance with the following rules of construction:
A.
Tense and form. Words used or defined in one tense or form shall
include other tenses or derivative forms.
B.
Number. Words in the singular number shall include the plural number,
and words in the plural number shall include the singular number.
C.
Gender. The masculine gender shall include the feminine and neuter.
The feminine gender shall include the masculine and neuter. The neuter
gender shall include the masculine and feminine.
D.
Person. The word "person" includes individuals, firms, partnerships,
joint ventures, trusts, trustees, estates, corporations, associations
and any other similar entities.
E.
Building. The word "building" includes the word "structure" and shall
be construed as if followed by the words "or a part thereof."
F.
Lot. The word "lot" includes the words "plot," "tract," and "parcel."
G.
Watercourse. The word "watercourse" includes the words "drain," "ditch"
and "stream."
H.
Shall and may. The words "shall," "must" and "will" are mandatory
in nature and establish an obligation or duty to comply with the particular
provision. The words "may" and "should" are permissive.
I.
Time. The time, within which any act required by this chapter is
to be performed, shall be computed by excluding the first day and
including the last day. However, if the last day is a Saturday or
Sunday or a holiday declared by the United States Congress or the
Pennsylvania General Assembly, it shall also be excluded. The word
"day" shall mean a calendar day, unless otherwise indicated.
K.
Illustrations and tables. In case of any difference of meaning or
implication between the text of this chapter and any caption, illustration
or table, the text shall control. No caption, illustration or table
shall be construed to limit the scope or intent of the text of this
chapter.
For the purposes of this chapter, the following terms shall
have the following meanings:
Having a common border with, or being separated from such
common border by a right-of-way, alley or easement.
A public or private drive providing vehicular access to and
between parking areas for more than two parking spaces within a land
development, or any drive servicing two or more units of occupancy
on a single lot.
Additional; something extra or complementary.
The Pennsylvania Municipalities Planning Code ("MPC"), as
heretofore and hereafter amended.[1]
A lot that shares all or part of a common point or line with
another lot.
Land used exclusively for the cultivation of the soil, the
production of crops or livestock, or the science of forestry; also,
land diverted from agricultural use by an active federal farm program,
provided the diverted land has a conservation cover of grass, legume,
trees or wildlife shrubs. Agricultural land may include, to a minor
degree, farmsteads inhabited by the cultivator of the land, housing
for farm employees, and land used for preparation of agricultural
products by the cultivator of the land.
A landowner and/or developer, as hereinafter defined, including
his heirs, successors and assigns, who filed an application for subdivision
and/or land development.
Every application, whether preliminary or final, required
to be filed and approved prior to the start of construction or development,
including, but not limited to, an application for a building permit,
for the approval of a subdivision plat or plan, or for the approval
of a land development plan.
Computed by application of a day of the week by month factor
to an average twenty-four-hour traffic count. Such information is
available in the latest volume of the Pennsylvania Department of Transportation
Traffic Data Collection and Factor Development Report.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or one-percent-annual-chance flood).
[Amended 3-8-2016 by Ord.
No. 211-2016]
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
[Amended 3-8-2016 by Ord.
No. 211-2016]
Land surrounded on all sides by streets (measured at the
right-of-way) or other transportation or utility rights-of-way, or
by physical barriers such as bodies of water or public open spaces.
Best management practices.
The governing body of Brecknock Township, Lancaster County,
Pennsylvania.
A strip of land with landscaping, fences and/or walls located
between two uses, or between one use and a public right-of-way, that
is intended to mitigate negative impacts, such as visual and noise,
of the more-intense use on the less-intense use or on the public right-of-way.
A strip of land within a public right-of-way which may include
signage, street trees, and curbs, gutters, or swales.
Any structure used or intended for supporting or sheltering
any use or occupancy.
A detached, subordinate building, the use of which is customarily
incidental and subordinate to that of the principal building, and
which is located on the same lot as that occupied by the principal
building. Farm buildings not intended for habitation are considered
to be accessory buildings.
A building primarily for agricultural use, such as barns,
poultry houses, stables, corncribs, silos and other similar farm structures.
A building in which is conducted the principal use of the
lot on which the building is located.
A line within a lot, designated on a plan as the minimum
required distance between any structure and the adjacent street center
line or right-of-way line, as specified by any applicable zoning ordinance.
The maximum number of vehicles that can be expected to pass
over a given section of roadway or on a specific lane.
The portion of a street right-of-way, paved or unpaved, customarily
used by motorized and nonmotorized vehicles in the regular course
of travel over the street.
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.
A parcel or parcels of land or an area of water, or a combination
of land and the water, within the development site, designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
Commonwealth of Pennsylvania.
A utility operated by a municipality or a company, regulated
by the Public Utility Commission, which supplies potable, domestic
water for use by more than one household, business or institution.
The ELANCO Region Comprehensive Plan, 2008, as amended.
A form of ownership of real property, as defined in the Pennsylvania
Uniform Condominium Act of 1980,[2] which includes a multiple-unit land development in which
there is a system of separate ownership of individual units of occupancy
and undivided interest of land and common facilities.
Lots are contiguous when at least one boundary line of one
lot touches a boundary line or lines of another lot.
Lancaster County, Pennsylvania.
The deliberate appropriation of land by its owner for general
public use.
A written instrument whereby an estate in real property is
conveyed.
The number of dwelling units or units of occupancy per acre
of lot area (i.e., the total area within the deeded property lines
exclusive of existing street rights-of-way).
A region within a county or counties, described in a municipal
or multimunicipal plan, that preferably includes and surrounds a city,
borough or village, and within which residential and mixed-use development
is permitted or planned for at densities of one unit to the acre or
more, commercial, industrial and institutional uses are permitted
and planned for, and public infrastructure services are provided or
planned.
Areas within which rural resources, rural character, and
a rural way of life are to be sustained. These areas shall include
the agricultural and natural resource areas designated by the ELANCO
Region Comprehensive Plan, 2008, as amended.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
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.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; or the subdivision of land.
A written contract between a subdivider or developer and
the landowner, on one hand, and the Township, on the other, specifying
the conditions of final approval by the Township, and providing for
the completion and dedication of required improvements, and financial
security for the completion of public improvements, as required by
this chapter and the Pennsylvania Municipalities Planning Code.
The provisions for development, including a planned residential
development, a subdivision plat or plan and/or a land development
plat or plan, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, ways and parking facilities, common open space and public
facilities. The phrase "provisions of the development plan," when
used in this chapter, shall mean the written and graphic materials
referred to in this definition.
The land required for the installation of storm sewer or
drainage facilities, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein,
or to safeguard the public against flood damage.
A line marking the outer edges of the branches of the tree.
An entrance used by vehicular traffic to access property
from a public or private street or an exit used by vehicular traffic
to access a public or private street from a property.
A strip of land granted for limited use of property by the
landowner for a public or quasi-public or private purpose, and within
which the owner of the property shall not have the right to make use
of the land in a manner that violates the right of the grantee.
The vertical alignment of a surface, as it exists or as it
is made by cut and/or fill.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A servitude arising under an environmental response project
which imposes activity and use limitation.
An area not suitable for development that includes hedge
rows/fence rows, floodplains, floodplain soils, steep slopes, wetlands,
and riparian areas.
A biological community dominated by trees and other woody
plants covering a land area of 1/4 acre or more. "Existing wooded
areas" includes areas that have at least 25 trees per 1/4 acre with
at least 50% of those trees having a two-inch or greater caliper at
4.5 feet above the ground and larger.
A narrow extension of property on a lot or parcel from the
buildable area of a lot to the public right-of-way, and which is not
part of the lot area, but serves as access to the lot or parcel. See
also "lot" definition.
A temporary inundation of normally dry land areas.[3]
[Amended 3-8-2016 by Ord.
No. 211-2016]
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
[Added 3-8-2016 by Ord.
No. 211-2016]
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
[Added 3-8-2016 by Ord.
No. 211-2016]
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.
[Amended 3-8-2016 by Ord.
No. 211-2016]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
[Amended 3-8-2016 by Ord.
No. 211-2016]
The elevation of the lowest level of a particular building,
including the basement.
A unit of light intensity stated in lumens per square foot
and measurable with an illuminance meter or light meter.
That portion of the property which abuts and is measured
along the street right-of-way line.
A light constructed in such a manner that all light emitted
by the fixture, either directly from the lamp or a diffusing element,
or indirectly by reflection or refraction from any part of the luminaire,
is projected below the horizontal.
A right-of-way reserved for the future improvement of a street.
A professional geologist registered by the Commonwealth of
Pennsylvania.
The sensation produced by lighting that causes an annoyance,
discomfort, or loss in visual performance and visibility to the eye.
Any security which may be required of a developer by the
Township in lieu of a requirements that certain improvements be made
before the Township approves the developer's subdivision plan
or land development plan. Such security may include, but is not limited
to, a federal or commonwealth lending institution irrevocable letter
of credit or restricted escrow account.
Any security which may be required of a developer by the
Township, after final acceptance by the Township of improvements installed
by the developer. Such security may include, but is not limited to,
a federal or commonwealth lending institution irrevocable letter of
credit or restricted escrow amount.
Any district, site, building, structure, or object that meets
one or more of the following criteria:
Is listed or may be determined to be eligible to be listed on
the National Register of Historic Places either individually or as
a contributing resource.
Is listed on the Lancaster County Historic Sites Survey or on
any officially adopted municipal inventory of historic resources and
is determined by a qualified historic preservation professional to
retain the historic characteristics that qualified it for said list.
Is determined by a qualified historic preservation professional
to be historically or architecturally significant.
The anticipated opening year of a development, assuming full
build-out and occupancy.
The quantity of light measured in footcandles or lux.
A surface that has been compacted or covered with material
to the extent that it is resistant to infiltration by water, including
but not limited to conventional impervious surfaces such as paved
streets, roofs, compacted stone, or stone that will be compacted,
and sidewalks. In addition, the following shall be considered impervious
surfaces when used by motor vehicles: gravel and stone areas, bricks
and cobblestone. The Township Engineer shall determine those surfaces
which are considered impervious if requested by the Zoning Officer.
Physical changes to the land, including, but not limited
to, buildings, streets, curbs, gutters, streetlights and signs, water
mains, hydrants, sanitary sewer mains, including laterals to the street
right-of-way lines, 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 which are required by ordinance or are deemed necessary to result
in a complete subdivision or land development in the fullest sense
of the term.
Improvements for which Brecknock Township may ultimately
assume the responsibility for maintenance and operation, or which
may affect an improvement for which municipal responsibility is established.
Plants which have not been introduced by man and thrive in
an area where they are considered native.
An area that contains 80% or more of the trips that will
be attracted to a development site.
Plants which grow quickly and aggressively, spreading, and
displacing other plants. Invasives typically are introduced into a
region far from their native habitat.
The development of property as specified below:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
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.
"Land development" shall not include:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise that would be considered an amusement park.
For purposes of this subsection, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved.
Any activity involving grading, tilling, digging or filling
of ground; or stripping of vegetation; or any other activity that
causes an alteration to the natural condition of the land.
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.
A landscape architect registered by the Commonwealth of Pennsylvania.
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers and shade trees.
A measure of the effect of traffic on the capacity of a road.
Light emitted by a lighting installation which extends beyond
the boundaries of the property on which the installation is sited.
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; a designated parcel of land held in single
and separate ownership, undivided by any street or dedicated future
right-of-way. Such parcel shall be separately described by metes and
bounds, the description of which is recorded in the office of the
Recorder of Deeds of Lancaster County by deed description or is described
by an approved plat recorded in the office of the Recorder of Deeds
of Lancaster County.
 |
The area contained within the property lines of a lot, excluding
space within the street right-of-way.
A lot situated at the intersection of two or more streets
with frontage on two or more adjacent sides.
An interior lot with front and rear street frontage, where
vehicular access occurs on either street.
A parcel of land created by a subdivision or partition which
includes a narrow projection or "flagpole" to the public right-of-way.
That portion of a lot abutting on the street right-of-way
and regarded as the front of the lot.
A lot whose side lot lines do not abut upon any street.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed the street
or alley line.
A metal plate, pin, permanent stone or concrete monument
used to identify lot line intersections.
A lot which is a part of a subdivision, the plan of which
was recorded, or a parcel of land, the deed of which was recorded
in the office of the Lancaster County Recorder of Deeds prior to the
adoption of this chapter.
An interior lot with front and rear street frontage, where
vehicular access occurs on only the street of lesser intensity.
The physical and measurable quantity of light that corresponds
to the brightness of a surface (e.g., a lamp, luminaire, reflecting
material) in a specific area and measurable with a luminance meter
or light meter.
A unit of light intensity stated in lumens per square meter.
There is approximately 10.7 lux per footcandle.
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.
The term includes park trailers, travel trailers, recreational and
other similar vehicles which are placed on a site for more than 180
consecutive days.
A parcel of land in a manufactured or mobile home park, improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured or mobile home.
That part of a manufactured or mobile home lot that is being
reserved for the placement of the manufactured or mobile home.
A parcel, or contiguous parcels, of land which has been so
designated and improved that it contains two or more manufactured
or mobile home lots for the placement thereon of manufactured or mobile
homes.
A process for alleviating specific requirements imposed by this chapter, as described in § 98-13.
A concrete or stone monument used to identify street line
intersections.
Accommodating various modes of non-power-assisted surface
transportation, including but not limited to bicycles, nonmotorized
scooters, Segways, and horse-drawn buggies.
A plan developed and adopted by any number of contiguous
municipalities, including a joint municipal plan, as authorized by
the Pennsylvania Municipalities Planning Code, or a regional plan.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for Brecknock Township.
Brecknock Township, Lancaster County, Pennsylvania.
The licensed attorney designated by the Board of Supervisors
to furnish legal assistance for the administration of this chapter.
A plant which grew in a defined region prior to European
settlement. Indigenous species and naturalized nonnative plants may
be included as native plants if they have been brought into the region
and have become established into the wild and are not considered invasive
nor displace native plants. Naturally occurring hybrids and cultivars
(cultivated varieties) of native genetic parent species which may
or may not have been present prior to European settlement are considered
native plants.
A project involving the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation or enlargement of any
structure, or any use or extension of land. New developments have
the potential of increasing the requirements for capital improvements,
requiring either approval of a plan pursuant to this chapter, the
issuance of a building permit, or connection to the municipal water
or sanitary sewer system.
Any plant species that has been introduced by humans and
now grows independently of cultivation. A subset of nonnative/introduced
species is the invasive species.
Vehicle trips passing within the study area, as defined in
the traffic impact study, that do not enter or exit the site and are
generally the result of through traffic and traffic generated by other
developments.
The Official Map of Brecknock Township, as may be amended,
adopted under Township Ordinance No. 182-2012.[4]
Any premises not located within the area of the property
to be subdivided or developed, whether or not in the common ownership
of the applicant for subdivision or land development approval.
See "lot."
The hour during which the heaviest volume of traffic occurs
on a road.
A right-of-way, publicly or privately owned, intended for
human movement by walking.
Adopted as Act 247 of 1968, as reenacted and amended. This
act enables municipalities to plan for and regulate community development
with subdivision and land development ordinances. The code also contains
guidelines for subdivision and land development ordinance content.
For the purpose of this chapter, the code may be referred to as "Act
247" and is intended to include the current code and any further amendments
thereto.[5]
Any material that would allow water to pass through at a
rate at least equal to the pervious ground cover (e.g., porous pavement,
stone parking areas, and preformed or prefabricated blocks which would
permit water to penetrate) and as approved by the Municipal Engineer.
A drawing, together with supplementary data, that describes
a subdivision or land development.
AS-BUILT PLANEngineering documents, drawn to scale, showing the constructed dimensions and materials of a structure or other land improvement. An as-built drawing differs from design drawings and construction drawings, which are design-oriented documents prepared prior to construction rather than a depiction of what has been constructed.
CENTER-LINE SEPARATION PLANA complete and exact subdivision plan that creates two lots by using a street center line as the common boundary, which meets the criteria specified in § 98-21 and is designed in accordance with the requirements of § 98-27.
FINAL PLANA complete and exact subdivision and/or land development plan, including all supplementary data, designed in accordance with the requirements of §§ 98-20 and 98-26.
LOT ADD-ON PLANA complete and exact subdivision plan, the sole purpose of which is to increase the lot area of an existing lot or tract, designed in accordance with the requirements of §§ 98-21 and 98-27.
LOT CONSOLIDATION PLANA plan for the consolidation of two or more existing lots or tracts to create fewer lots or tracts with revised lot lines, designed in accordance with the requirements of §§ 98-21 and 98-27.
MINOR RURAL PLANA final plan which has an expedited process when designed in accordance with the requirements of §§ 98-22 and 98-28.
MODIFIED FINAL PLANA final plan modified to reflect a change to the site or its surroundings that occurs after the preliminary plan approval as per § 98-20A(3).
PRELIMINARY PLANA subdivision and/or land development plan which is designed in accordance with the requirements of §§ 98-19 and 98-25 and is prepared for consideration prior to submission of a final plan.
RECORD PLANA final plan that contains the original endorsement of Brecknock Township, which is recorded with the Lancaster County Recorder of Deeds.
REVISED SUBDIVISION AND/OR LAND DEVELOPMENT PLANAny replatting of recorded plans due to survey corrections or revision due to survey corrections of approved final plans which have not yet been recorded can be made if it is in conformance with the criteria specified in §§ 98-21 and 98-27.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of the proposal prepared in accordance with the requirements of §§ 98-18 and 98-24.
The Brecknock Township Planning Commission.
The Lancaster County Planning Commission.
The map or plan of a subdivision or land development, whether
preliminary or final.
A formal meeting held pursuant to public notice, intended
to inform and obtain public comment, prior to taking action in accordance
with this chapter and/or the Pennsylvania Municipalities Planning
Code.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[7]
A notice published once each week for two consecutive weeks
in a newspaper of general circulation in Brecknock 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 not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Public and/or private investment made to recreate the fabric
of an area by renovating previously developed land; replacing, remodeling,
or reusing existing buildings and structures to accommodate new development.
A reservoir designed to retain stormwater runoff, with its
primary release of water being through the infiltration of said water
into the ground.
The total width of any land reserved or dedicated as a street,
alley or pedestrian way, or for any other public or private purpose.
The surface water discharge and rate of discharge of a given
watershed after a full rain or snow that does not enter the soil but
runs off the surface of the land.
Land outside of Village Growth Areas, including agricultural
areas and natural resource areas.
Planted (or having equivalent natural growth) shrubs or trees,
earthen mounds, or fencing.
The process by which soil or other surface material is accumulated
or deposited by wind, water or gravity.
See "building setback line."
A substance that contains the waste products or excrement
or other discharge from the bodies of human beings or animals and
noxious or deleterious substances being harmful or inimical to the
public health, or to animal or aquatic life, or to the use of water
for domestic water supply or for recreation. The term includes any
substance which constitutes pollution under the Clean Streams Law.[8]
A system of sewage collection, conveyance, treatment, and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of this commonwealth or
otherwise provide for the safe and sanitary treatment and disposal
of sewage or other waste as recognized by the Department of Environmental
Protection.
PUBLIC SEWAGE SYSTEMA publicly owned system of piping, tanks, or other facilities serving two or more lots, which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation in a soil absorption area or retention in a retaining tank.
PRIVATE COMMUNITY SEWAGE SYSTEMA privately owned system of piping, tanks, or other facilities serving two or more lots, which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation in a soil absorption area or retention in a retaining tank.
COMMUNITY ON-LOT SEWAGE SYSTEMA sewage facility serving two or more lots, which uses a system of piping, tanks, or other facilities for collecting, treating, and disposing of sewage into a soil absorption area, spray field or retaining tank.
INDIVIDUAL ON-LOT SEWAGE SYSTEMAn individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating or disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.
INDIVIDUAL SEWAGE SYSTEMA system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance to another site for final disposal.
Vehicle trips entering and exiting the site that were using
the facility on the adjacent streets and therefore did not generate
new trips on the road.
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
Noninvasive trees with eighteen-inch minimum caliper, measured
five feet above grade, located outside an existing wooded area.
The existing lot of record proposed for land development,
including subdivision.
Those areas of land where the grade is 15% or greater. Slope
shall be measured as the change in elevation over the horizontal distance
between consecutive contour lines. Slope shall be measured over three
two-foot contour intervals (six cumulative vertical feet of slope).
All slope measurements shall be determined by a topographic survey
signed and sealed by a registered surveyor or engineer licensed to
practice in the Commonwealth of Pennsylvania.
The total amount of precipitation reaching the ground surface.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, watercourses,
road gutters, swales, storm sewers, pipes and infiltration structures.
A body of water flowing in a channel within a defined bed
and banks.
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of motorized and
nonmotorized vehicular and pedestrian travel, and furnishing access
to more than one lot. This term shall include the terms avenue, boulevard,
road, highway, freeway, parkway, lane, alley, viaduct or any other
way used for similar purposes. Streets shall conform to one of the
following categories:
ALLEY (SERVICE STREET)A service road that provides secondary means of access to lots. Alleys are on the same level as a local street and are used in cases of narrow lot frontages. Alleys shall be designed to discourage through traffic. Alleys may be designed as one-lane streets.
ARTERIALAn interregional road in the street hierarchy system that carries vehicle traffic to and from the region as well as any through traffic. This street shall be a controlled access street [designed to the capacity analysis of the intersection (LOS) level of service].
MAJOR COLLECTORA street which provides for intercommunity travel, connecting boroughs and unincorporated population centers, and which carries large volumes of traffic to the arterial road system.
MINOR COLLECTORA street which provides routes to local communities, shopping areas and industrial complexes. They serve as the circulation street in large residential subdivisions and serve small settlements.
CUL-DE-SACA street with a single means of ingress and egress and having a turnaround. The design of the turnaround may vary. Cul-de-sac streets are classified as local streets.
LOCALThis classification provides direct access to adjacent land and includes connections to farms, individual residences and commercial properties, and to higher classes of highway systems.
The right-of-way line of any given street.
A street not accepted for dedication by Brecknock Township.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
The site proposed for land development, including subdivision.
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) of those improvements required as a condition
for 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.
The distance in height (elevation) between the inside and
outside edge of a banked cartway.
An individual registered with the Commonwealth of Pennsylvania
as authorized to measure the boundaries of tracts of land, establish
locations, and perform the requirements of a survey.
A shallow ditch that gathers or carries surface water.
The symbol on a survey, plan, or plat shown as "Z," indicating
common ownership of two adjacent lots or tracts.
The relief features or surface configurations of an area
of land.
Is used interchangeably with the term "lot," particularly
in the context of subdivision, where a "tract" is subdivided into
several lots, parcels, units, plots, condominiums, tracts or interests.
An area that is radial to the trunk of a tree in which no
construction activity shall occur. The tree protection zone shall
be the distance from the trunk to the dripline (a line marking the
outer edges of the branches of the tree).
A single or one-directional motorized and/or nonmotorized
vehicle movement.
An allocation of space within a building or structure that
is independent of other such space and that constitutes a separate
use. This shall include both fee-simple ownership and leaseholds.
An area within a designated rural area that is designated
as appropriate for future development and includes a traditional village
core, adjacent developed portions of a township, and additional land
to absorb a portion of a township's future land use needs over
a twenty-five-year period while maintaining village scale, character,
and a defined edge.
Any channel or conveyance of surface waters having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
The entire region or area drained by a watercourse.
INDIVIDUAL SYSTEMA safe, healthful, and adequate supply of water to a single user from a private well located on the land of the user.
CENTRAL WATER SUPPLY SYSTEMA system providing water for human consumption from a common source or sources to all dwellings and other buildings within a development. Such system shall comply fully with all applicable requirements of the Pennsylvania Department of Environmental Protection and the Pennsylvania Public Utility Commission. The water supply source may be located on site and/or off site. A central system can be further described by the following:
PUBLIC WATER SYSTEMA system which has at least 15 service connections or regularly serves an average of at least 25 individuals daily for at least 60 days per year. The term includes:
Any collection, treatment, storage, and distribution facilities
that are under control of the operator and used in connection with
the system;
Collection or pretreatment storage facilities not under control
of the operator but which are used in connection;
A system which provides water for bottling or bulk hauling for
human consumption.
COMMUNITY WATER SYSTEMA public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
Areas that are inundated or saturated by surface water 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.
An open space unobstructed from the ground up, on the same
lot with a structure, extending along a lot line or street line and
inward to the structure. The size of the required yard shall be measured
as the shortest distance between the structure and the lot line or
street right-of-way line or, in the case of a street which is not
dedicated to the Township, from the edge of the cartway.
The yard between a structure and a street right-of-way line
and extending the entire length of the street right-of-way line.
The yard between a structure and the rear lot line and extending
the entire length of the rear lot line.
A yard between a structure and a side lot line, extending
from the front yard to the rear yard.
The Brecknock Township Zoning Hearing Board.
The Brecknock Township Zoning Ordinance of 1993, as amended.[9]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 68 Pa. C.S.A. § 3101 et seq.
[3]
Editor's Note: the former definition of "flood fringe," which
immediately followed this definition, was repealed 3-8-2016 by Ord.
No. 211-2016.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: See 53 P.S. § 10501 et seq.
[7]
Editor's Note: See 65 Pa. C.S.A. § 701 et seq.
[8]
Editor's Note: See 35 P.S. §§ 691.1 et seq.
