A.Â
For the purpose of this chapter, certain terms and words are defined within § 310-10. The following guidelines should be applied when interpreting the definitions:
(1)Â
Words used
in the present tense shall include the future tense.
(2)Â
Words in the
singular shall include the plural, and words in the plural shall include
the singular.
(3)Â
Words in the
masculine shall include the feminine and the neuter.
(4)Â
The word "shall"
or "must" is mandatory.
(5)Â
The word "may"
is permissive and the word "will" is directory.
(6)Â
The word "person"
includes "individual," "corporation," "partnership," "organization,"
"association," "trust," or other similar entities.
(7)Â
The words
"used for" include "designed for," "arranged for," "intended for,"
"maintained for," or "occupied for."
(8)Â
The word "building"
shall be construed as if followed by the phrase "or part thereof."
B.Â
Any word or term
not defined herein shall be used with a meaning of standard usage.
Terms or words used in this chapter, unless
otherwise expressly stated, shall be construed as defined below. When
terms, phrases or words are not defined, they shall have their ordinarily
accepted meanings or such as the context may imply.
The state of being side by side, next to or adjoining one
another.
An improved cartway or paved service road designed to provide
vehicular access between the public road and the off-street parking
area for the designated use.
A clearly defined point of ingress and egress for vehicles
at the street line.
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
use.
A subordinate use of a portion of a lot which is customarily
incidental to the main or principal use of land or of a building on
a lot.
Forty-three thousand, five hundred sixty square feet.
The Pennsylvania Municipalities Planning Code, as amended.[1]
The Pennsylvania Municipalities Planning Code, as amended.
The state of being side by side, next to or adjoining one
another.
The average number of vehicles that pass over a given point
per day.
Any person other than the applicant or developer who, acting
for the applicant or developer, submits subdivision or land development
plans to Muhlenberg Township for the purpose of obtaining approval.
Soils which have been formed in alluvium and deposited by
past stream or flooding conditions.
Soil material such as sand, silt or clay that has been deposited
on land by past stream or flooding conditions.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure or any enlargement
thereof, whether by extension on any side or by an increase in height,
or the moving of such building from one location or position to another.
The act of adding, joining or uniting one lot or parcel of
land to another lot or parcel of land in order to create out of the
said two lots or parcels of land a larger lot or parcel of land intended
for separate use, building development, or transfer of ownership.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including but not limited to an application for a building permit,
for the approval of a subdivision or plan, or for the approval of
a development plan.
The Muhlenberg Township Board of Commissioners.
An architect registered by the Commonwealth of Pennsylvania.
An earth mound with a uniform side slope covered with grass,
shrubbery or ground cover and which is designed and intended to obstruct
views, create landscape interest, impound water and/or to establish
final grade.
A tract of land or a lot or group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of the Township, or by any combination of the above.
The Board of Commissioners of the Muhlenberg Township, Berks
County, Pennsylvania.
The Board of Commissioners of the Muhlenberg Township, Berks
County, Pennsylvania.
A continuous strip of land which is clear of all buildings
and paved areas and is adequately landscaped in accordance with the
Muhlenberg Township Code.
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component structural parts, and designed
for the enclosure and support of individuals, animals or property
of any kind.
The total area taken on a horizontal plane at the main grade
level of all primary and accessory buildings on a lot, excluding unroofed
porches, paved terraces, steps, eaves and gutters, but including all
enclosed extensions.
The percentage of a lot covered by principal and accessory
buildings.
The area of a lot that has no building or construction restrictions,
such as building setback requirements, rights-of-way, easements, floodplains,
wetlands, steep slopes, or similar restrictions, as defined in this
chapter.
The front of a building, considering the location of the
main entrance and the public street providing access. For corner lots,
the building frontage shall be established along both streets to which
the building has frontage or access.
The vertical distance measured from the average elevation
of the finished grade of the building to the highest point of the
roof.
The measurement of a building in one general direction.
The minimum distance a building or structure must be set
back from the ultimate street right-of-way line (where it exists)
or from the street legal right-of-way line (where the ultimate right-of-way
does not exist) of the street immediately adjacent thereto.
The line within a property establishing the minimum required
distance between any building or structure, or portions thereof, to
be erected or altered and a street right-of-way (except the right-of-way
of a service street). The distance shall be measured at right angles
from the street right-of-way line which abuts the property, and the
building setback line shall be parallel to said right-of-way line.
The diameter of a tree trunk, as measured 54 inches from
the ground surface.
The portion of a street right-of-way, whether paved or unpaved,
designed for vehicular use.
A line measured midway between and parallel to the street
right-of-way line, or as otherwise defined on plans and deeds of record.
A statement, based on an inspection, signed by the Zoning
Officer, setting forth that a building, structure, sign and/or land
complies with this chapter, or that a building, structure, sign and/or
land may be lawfully employed for specific uses, or both.
An area of unobstructed vision at a street intersection defined
by a line of sight between points at center lines, as defined by the
Muhlenberg Township Code.
A use or activity that includes, but is not limited to, retail
sales, businesses, offices, personal services, banks, financial institutions,
restaurants, communications, recreation, and other similar commercial
uses, as determined by the Zoning Officer.
Any motor vehicle utilized for a business or trade activity
of any kind, including construction, excavating, earthmoving equipment,
or similar equipment, regardless of the use, excluding any Class I
and II motor vehicle which is properly licensed by the Commonwealth
of Pennsylvania.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development, designed and intended for
use or enjoyment of all residents of the development in which it is
located. Common open spaces shall not include: land areas within street
rights-of-way; required open areas between buildings or between buildings
and street rights-of-way, driveways and parking areas; and other areas
that may be specified within this chapter. No dwelling unit, accessory
building or parking area may be located within common open spaces.
A parking facility other than those provided within the lot
lines of a lot on which one single-family detached dwelling, one single-family
semidetached dwelling, or one townhouse is located.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The Muhlenberg Township Comprehensive Plan, or any part thereof,
last updated and adopted by the Muhlenberg Township Board of Commissioners
on October 20, 2003.
A use by which the Board of Commissioners may grant permission to an applicant within a particular zoning district for the occupancy or use of land or water for a specific purpose, as specified within this Part 1 of this chapter of the Code.
Overlay provisions established to consider conservation management,
environmental resource protection, natural resources, and open space
preservation. These provisions are intended to supplement and enhance
the existing underlying zoning district regulations for certain land
areas and water features, including floodplains, wetlands and hydric
soils, steep slopes, woodlands, and carbonate geological formations.
The preservation and utilization of land and surface water
as wildlife habitats, forests, farmland, meadows, wetlands, lakes,
streams, rivers and other similar uses or features that involve no
site improvements other than those required for education, recreation
or municipal uses.
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar connection or relationship.
The placement of materials and equipment in a defined area
to be assembled, built, applied and/or demolished in a temporary or
permanent manner, as approved by the designated officials of Muhlenberg
Township.
The total necessary land area required for all buildings
or uses within a unified development before a zoning permit may be
issued.
To change or adapt land or structures to a different use,
occupancy or purpose.
The County of Berks, Commonwealth of Pennsylvania.
The Berks County Planning Commission.
A portion of a lot unoccupied above grade but partially or
wholly surrounded by the walls of a structure or buildings.
A defined area within a public or private street right-of-way
for pedestrian use, extending from one side of the street or block
to the other side of the street or block.
The edge of the cartway.
The deliberate appropriation of land by its owner for general
public use.
A written document whereby an estate in real property is
described, conveyed and recorded.
Clause included in a deed which restricts, controls or limits
the general use of a parcel of land.
The number of residential dwelling units per acre or lot
area.
A low place or elevation of any size surrounded by higher
ground on all sides and having no natural outlet for surface drainage.
The area designated as "common open space" within a residential
development, containing open areas for recreational uses and natural
resource conservation.
A structure designated to retard or delay surface water runoff
for a period of time sufficient to cause the deposition of sediment
and to reduce the velocity and volume of surface water flows leaving
a site, thus preventing flooding or erosion.
Any landowner, agent of such landowner, equitable owner,
or tenant with the permission of the landowner, for whom subdivision
or land development plans are being or have been made.
Any man-made change to improved or unimproved land, including
but not limited to buildings or other structures, the installation
of utilities, filling, grading, paving, excavation, mining, dredging
or drilling operations.
A proposal for the development of land, prepared in accordance
with the Muhlenberg Township Code, including a plan for subdivision
or land development, 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.
A portion of Muhlenberg Township within which certain uniform
regulations and requirements, or combinations thereof, apply under
the provisions of this chapter.
Any ditch, swale, culvert, gutter, pipe, pond, storm sewer,
or other structure designed, intended and/or constructed for the purpose
of diverting surface waters from or carrying surface waters off public
or private streets, public rights-of-way, recreational areas, parking
facilities, or any part of any subdivision, land development or contiguous
land area.
A privately owned and constructed access drive providing
vehicular access between a public road or an approved private road
into the lot or parcel having frontage on the road.
A building or structure or portion thereof arranged, intended,
designed or used as the living quarters for one or more families living
independently of each other. Such buildings as hospitals, hotels,
boardinghouses, rooming or lodging houses, nursing homes, motels and
institutional residences are not included in the definition of "dwelling."
The following dwelling types are further defined as follows:
SINGLE-FAMILY DETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for one family and having no common wall with an adjacent building.
SINGLE-FAMILY SEMIDETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for two families, one family living on each side of a vertical common wall.
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building arranged, designed or intended for occupancy of two families, living independent of each other in separate dwelling units that are separated by horizontal floors as opposed to vertical walls.
MULTIFAMILY DWELLINGA building arranged, designed and intended to be occupied exclusively as a residence for three or more families. Individual dwelling units may share up to three party walls with other units and either have a common outside access areas or have individual outside access areas. Types of such buildings shall include townhouses, apartments and/or condominiums.
TOWNHOUSEA building arranged, designed and intended to be occupied exclusively as a residence for one family, which is one of a group of three or more such buildings placed side by side and separated by unpierced vertical common walls, each dwelling having at least one separate entrance from the outside.
APARTMENT BUILDINGA building on a single lot arranged, designed and intended to be occupied as a residence for three or more families and in which the dwelling units may be separated horizontally and/or vertically.
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common open space solely for the owners of those portions, as established under the applicable laws of the Commonwealth of Pennsylvania.
MOBILE HOMEA transportable, single-family dwelling constructed in accordance with the specifications of the Commonwealth of Pennsylvania, 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.
MODULAR OR MANUFACTURED HOMEAny structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the building site. Housing units defined as "mobile homes" are excluded from this definition.
A building or portion thereof providing one or more rooms
arranged for the use of one or more individuals living together as
a single housekeeping unit and having no cooking or sanitary facilities
in common with any other unit.
A defined parcel area of land or right-of-way which is granted
or conveyed for the limited use of land for public, quasi-public or
private purposes.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the need of the general public.
The horizontal alignment of a surface above mean sea level
as it exists in predevelopment conditions or as it is proposed in
post-development conditions.
CENTER-LINE ELEVATIONThe elevation of the street as measured at the midpoint of the street.
CURB ELEVATIONThe elevation of the top of the curb as measured at the street line.
FIRST-FLOOR ELEVATIONThe elevation of the level of living space as typically measured at the main entrance of the building, unless the living space is divided as a bi-level or split-level, in which case the first-floor elevation shall be established at the lower elevation of living space.
GARAGE ELEVATIONThe elevation of the garage floor as measured at the center of the garage door.
The total number of workers (including both part-time and
full-time) present on a parcel of land at any given time, other than
temporary or occasional construction workers.
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania.
A detailed written report that provides discussion of significant
environmental impacts and provides reasonable alternatives which would
avoid or minimize adverse impacts or enhance the quality of the human
environment.
The removal of soil, rock or surface particles by the action
of water, wind, ice or other agents.
Any act by which earth, sand, gravel or rock is dug into,
cut, quarried or moved.
An area of land, including all buildings, accessory buildings,
farm buildings and one single-family detached principal dwelling,
all used for agriculture and where the primary source of income is
derived from the property.
The raising and ownership of chickens, turkey, sheep, goats, hogs, pigs, cattle, horses, and other similar animals which are common to a farm in accordance with Chapter 123, Animals, of the Muhlenberg Township Code.
A barn, silo or any building used for the storage of agricultural
equipment or farm produce or housing livestock or poultry. The term
"farm building" shall not include dwellings.
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall.
A defined lane that is cleared of obstacles and vegetation
at all times so as to allow ingress and egress for fire, police and
ambulance vehicles during an emergency or other catastrophic event.
A conservation overlay of land and water as specified by
the Muhlenberg Township Code, which has been defined within the Flood
Insurance Study, as prepared by the Federal Emergency Management Agency,
which principally include areas located along the major creeks and
waterways of Muhlenberg Township. The following subdefinitions and
categories shall apply to the Floodplain Overlay District:
FLOODPLAINA relatively flat or lowland area adjoining a river, stream or watercourse, which is subject to partial or complete inundation of water. Also, an area subject to unusual and rapid accumulation of water or runoff of surface waters from any source.
APPROXIMATED FLOODPLAINThose portions of land within the Floodplain Overlay District that are subject to the inundation of the one-hundred-year flood, where a detailed study has not been performed and the one-hundred-year floodplain boundary has been approximated by the most recent Flood Insurance Study.
ONE-HUNDRED-YEAR FLOODPLAINA flood that, on the average, is likely to occur once every 100 years or has a one-percent chance of occurring each year, although the flood may occur in any year.
FLOODWAYThat portion of the Floodplain Overlay District that is required to carry and discharge the waters of the one-hundred-year flood without increasing the water surface elevation at any point more than one foot above existing conditions, as determined in the Flood Insurance Study of the Federal Emergency Management Agency.
FLOODWAY FRINGEThat portion of the Floodplain Overlay District that is subject to inundation by the one-hundred-year flood lying beyond the floodway in areas where detailed study data and profiles are made available by the Flood Insurance Study.
REGULATORY FLOODThe flood that has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared. The regulatory flood shall also be known as the "one-hundred-year flood."
SHALLOW FLOOD DISTRICTThat portion of the Floodplain Overlay District subject to inundation by the one-hundred-year flood, involving shallow water depths or unpredictable floodpaths.
A computer-based system that links the geographic location
of map features to text information or databases.
The dimensions of a facility and the relationships of its
features such as alignment, profile, grades, widths, sight distances,
clearances, and slopes.
Transient surface bodies of water formed in depressions after
heavy rainfall events.
A sensation of brightness within a visual field which may
cause annoyance, discomfort, loss of vision and/or the ability to
focus.
The Board of Commissioners of the Muhlenberg Township, Berks
County.
The inclination of a street, surface area, site improvement
or structure, where the grade is generally expressed by measuring
the vertical rise or fall as a percentage of the horizontal distance.
A linear corridor of open space including natural features
such as waterways, stream valleys, ridgelines and scenic vistas, or
along man-made features such as railroad beds or abandoned canals,
which provides areas for wildlife habitats and recreational uses.
The vertical distance measured from the average elevation
of the ground or finished grade to the highest point of a building
or structure.
Surface soils which are within three feet of the seasonable
high-water table.
A place of ingress/egress from or access to a street or highway
created by a driveway or another street or highway. Measurement between
them shall be from the center line of one such point to the center
line of another such point.
The lot dimensions measured along the right-of-way line of
any one street or highway abutting a lot.
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
Hydric soils are identified within the Comprehensive Plan.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces which do not normally absorb rainfall.
Those surfaces that do not absorb water, such as buildings,
parking areas, driveways, roads, sidewalks, and any areas in concrete,
asphalt or packed stone, shall be considered as impervious surfaces,
as well as other areas determined by the Muhlenberg Township Engineer
to be impervious.
Any type of structure, paved area and/or physical changes
to the land, including but not limited to grading, paving, stormwater
management facilities, sidewalks, street signs, traffic control devices,
monuments, utilities, water supply facilities and sewage disposal
facilities.
The minimum distance an improvement must be set back from
a street right-of-way and/or property line.
An agreement (in a form and manner acceptable to Muhlenberg Township) requiring the applicant or developer to install the improvements required by Part 1 of this chapter of the Code and any improvements or amenities which appear on the approved subdivision or land development plan.
A use or activity that includes, but is not limited to, assembling,
manufacturing, distributing, processing, storing or warehousing of
products and materials, and other similar industrial uses, as determined
by the Zoning Officer.
A use or activity that includes, but is not limited to, educational
uses, hospitals, medical centers, health-care uses, churches, religious
uses, assisted-living-care facilities, convalescent homes, nursing
homes, and other similar institutional uses, as determined by the
Zoning Officer.
A site survey performed by the United States Army Corps of
Engineers to officially determine whether or not a defined parcel
of land is subject to wetlands regulations.
Any of the following activities:
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; 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.
Development in accordance with the Muhlenberg
Township Code and the Pennsylvania Municipalities Planning Code.[2]
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 under a
written lease who has written authorization of the legal owner shall
be deemed to be a "landowner" for the purpose of this chapter.
A landscape architect registered by the Commonwealth of Pennsylvania.
A defined space located within a lot or parcel of land which
has accessibility to a public street for temporary use of commercial
vehicles while loading or unloading merchandise and materials to the
principal use and building contained on the lot or parcel of land.
A tract or parcel of land, regardless of size, held in single
or joint ownership, not necessarily a lot or lots shown on a duly
recorded map, which is occupied or capable of being occupied by buildings,
structures and accessory buildings, including such open spaces as
are arranged, designed or required. The term "lot" shall also mean
parcel, plot, site or any similar term.
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135 degrees. The front yard and lot width requirements shall apply to each street to which the corner lot has frontage.
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
REVERSE FRONTAGE LOTSLots that have frontage on two public streets while restricting vehicular access solely from the public street which would front along the commonly identified rear of the lot.
THROUGH LOTAn interior lot having frontage on two public streets which are parallel to one another and divided by the lot.
FLAG LOT or KEYHOLE LOTAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel.
The space contained within the lot lines, including land
area within all existing and future/ultimate street rights-of-way;
areas delineated as wetlands; areas identified as common open space;
and land area within all utility, municipal and stormwater easements.
The space contained within the lot lines, excluding any and
all land areas as follows: areas within existing or designated ultimate
street rights-of-way; areas delineated as wetlands; areas identified
as common open space; and areas within easements dedicated for utility,
municipal or stormwater purposes. The net lot area for all proposed
lots shall be no smaller than the minimum lot size for the zoning
district in which the lot is located.
The percentage of a lot covered by all impervious surfaces.
The mean average horizontal distance between the front and
the rear lot lines.
That portion of a lot which fronts on a single street.
The property line forming the front, rear or side boundary
of a lot.
FRONT LOT LINEThe line separating a lot from a street. The front lot line is also the street line.
REAR LOT LINEThe lot line which is opposite the front lot line. The rear line of any triangularly or irregularly shaped lot shall be established such that it will be at least 10 feet long.
SIDE LOT LINEAny lot line other than a front or rear lot line.
STREET OR ALLEY LOT LINEA lot line separating the lot from a street or alley.
A lot or parcel recorded in the Office of the Recorder of
Deeds of Berks County, Pennsylvania.
The width of a lot measured at the street line and at the street line, the legal right-of-way line and the ultimate right-of-way line (where it exists) of the street immediately adjacent thereto, unless otherwise permitted as an exception under § 355-94 of the Zoning chapter.
A form of security which may be required of a developer by Muhlenberg Township in order to assure stability of improvements within a subdivision or land development over a given period of time, as prescribed by Part 1 of this chapter of the Code.
A metal pipe or pin of at least three-fourths-inch diameter
and at least 30 inches in length, utilized to mark or identify certain
property corners or boundary limits.
The average height of the sea for all stages of the tide,
utilizing the most current National Geodetic Vertical Datum.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A stone or concrete monument, with a flat top of at least
four inches in diameter or square, a flat bottom of at least six inches
in diameter or square, and at least 30 inches in length, utilized
to mark or identify certain property corners, boundary limits or rights-of-way.
All stone monuments shall contain an indented cross or one-fourth-inch
drill hole to signify the center of the mark. All concrete monuments
shall contain a copper or brass dowel (plug) and shall have a distinctive
feature on the top face to signify the center of the mark.
Muhlenberg Township, Berks County, Pennsylvania.
The Muhlenberg Township Municipal Authority, Berks County,
Pennsylvania.
A use by Muhlenberg Township for public recreation area,
park, swimming pool, golf course, spectator sports, municipal offices,
police station, water and sewage facilities, utilities, road materials
and equipment storage and similar governmental uses, auditorium or
meeting rooms for civic group use.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
structure, fence, stockpile, refuse, fill or other matter which may
impede, retard or change the normal direction or path of air, water
or any modes of transportation.
The possession of any structure, building, land area or water
body with the intent to remain for the purpose of residing, conducting
business, or performing social, recreational, cultural, educational,
municipal, governmental, institutional, religious, charitable, or
similar uses.
PERMANENT OCCUPANCYOccupancy for a period in excess of 120 consecutive days within one calendar year.
TEMPORARY OR SEASONAL OCCUPANCYOccupancy for a period less than 120 consecutive days within one calendar year.
The Official Map, as adopted by the Board of Commissioners,
showing the characteristics of streets, watercourses, public grounds
and other topographic features.
The Zoning Map of Muhlenberg Township.
The unoccupied space, land area, or water body that is located
on the same lot with the principal use or development which is open
to the sky and not occupied by buildings, structures, sidewalks, off-street
parking areas, access drives and/or other impervious areas.
The Muhlenberg Township Subdivision and Land Development
Ordinance of 2004, or any provisions or amendments thereof, enacted
by the Board of Commissioners.
The Commonwealth of Pennsylvania.
A tract of land, designed and utilized by the general public
for active and/or passive recreational uses.
An off-street area designed solely for the parking of motor
vehicles, including driveways, passageways and maneuvering space appurtenant
thereto.
The limit beyond the defined off-street parking area in which
parking is not allowed or permitted.
A reasonably level space available for the parking of one
motor vehicle, not less than 10 feet wide and having an area of not
less than 200 square feet exclusive of passageways or other means
of circulation or access.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces which do not normally absorb rainfall.
A form of security which may be required of a developer by Muhlenberg Township in order to assure that certain improvements within a subdivision or land development are sufficiently completed in accordance with the approved plan over a given period of time, as prescribed by this Part 1 of this chapter of the Code.
A document issued by the proper regulatory agency authorizing
the applicant to undertaken certain activities as specified on the
application or permit.
A use permitted in a particular district to occupy or use
land for a specific purpose in accordance with this chapter when such
use is permitted by right.
An individual, corporation, partnership, organization, incorporator's
association, trust or other similar entity.
A proposal for development, subdivision or land development,
including all covenants, grants or easements and other conditions
relating to use, location and bulk of buildings, density of development,
common open space and public facilities, which complies with the Muhlenberg
Township Code.
SKETCH PLANAn informal plan, drawn to scale, indicating existing features of a tract and the general layout of the proposed subdivision or land development. The plan shall be presented for discussion purposes only and not for formal review or approval.
PRELIMINARY PLANA tentative subdivision or land development plan (including all required supplementary data), accurately prepared and showing all lot lines, easements, rights-of-way, streets, utilities, municipal improvements and other features as required by this part of this chapter of the Code.
FINAL PLANA complete subdivision or land development plan (including all required supplemental data), accurately prepared and showing all lot lines, easements, rights-of-way, streets, utilities, municipal improvements and other features required by this part of this chapter of the Code. All such final plans shall be prepared for the consideration of municipal approval and recordation as required by this part of this chapter of the Code.
ANNEXATION PLANA complete and accurately prepared plan, showing the transfer of certain land areas from one parcel of land to another parcel of land. All such annexation plans shall be prepared as final plans for the consideration of municipal approval and recordation as required by this part of this chapter of the Code.
MINOR LAND DEVELOPMENT PLANA complete land development plan with minor improvements or impacts that is accurately prepared and showing all lot lines, easements, rights-of-way, streets, utilities, municipal improvements and other features required by this part of this chapter of the Code. All such minor land development plans shall be prepared as final plans for the consideration of municipal approval and recordation as required by this part of this chapter of the Code.
MINOR SUBDIVISION PLANA complete subdivision plan containing three or fewer lots with minor improvements or impacts that is accurately prepared and showing all lot lines, easements, rights-of-way, streets, utilities, municipal improvements and other features required by this part of this chapter of the Code. All such minor subdivision plans shall be prepared as final plans for the consideration of municipal approval and recordation as required by this part of this chapter of the Code.
PLAN OF RECORD or RECORD PLANAn accurate set of plans of the entire tract, subdivision or land development, showing all distinctive features and improvements as proposed to be constructed, including lot lines, easements, rights-of-way, street, curbs, sidewalks, pathways, monuments, markers, off-street parking areas, off-street loading areas, buildings, structures, signs, stormwater management facilities, sanitary sewage disposal facilities, water supply facilities, utilities, landscaping, common open space, and other significant features determined appropriate by the Muhlenberg Township Engineer and Zoning Officer. All such plans of record shall be prepared at the scale required by this part of this chapter of the Code and shall be recorded with the Berks County Recorder of Deeds.
AS-BUILT PLANAn accurate set of plans of the entire tract, subdivision or land development, showing all distinctive features and improvements as actually constructed, including lot lines, easements, rights-of-way, street, curbs, sidewalks, pathways, monuments, markers, off-street parking areas, off-street loading areas, buildings, structures, signs, stormwater management facilities, sanitary sewage disposal facilities, water supply facilities, utilities, landscaping, common open space, and other significant features determined appropriate by the Muhlenberg Township Engineer and Zoning Officer. All such as-built plans shall be prepared at the same scale as the approved final plan and shall be recorded with the Berks County Recorder of Deeds.
The Muhlenberg Township Planning Commission, Berks County,
Pennsylvania.
When used in connection with natural and historic resources,
shall include the means to conserve and safeguard these resources
from wasteful or destructive use but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
A building in which a principal use on a lot is carried on.
The main or primary purpose for which any land, structure
or building is designed, arranged or intended, and for which they
may be occupied or maintained under the terms of this chapter. Only
one principal use shall be permitted on a lot.
A formal meeting held pursuant to public notice by Muhlenberg
Township governing body or planning agency, intended to inform and
obtain public comment prior to taking action in accordance with this
Code and the Pennsylvania Municipalities Planning Code.[3]
A forum held pursuant to notice under the requirements of
this Code, the Pennsylvania Municipalities Planning Code and the "Pennsylvania
Sunshine Law."[4]
Notice published once each week for two successive weeks
in a newspaper of general circulation within Muhlenberg 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.
Land area containing recreational facilities which may require
visitors or participants to become involved in physical or energetic
functions, primarily group functions. Active recreation areas may
include, but are not limited to, basketball courts, baseball fields,
football fields, soccer fields, tennis courts, playgrounds, tot lots,
community centers, golf courses, hockey rinks, skateboard areas, swimming
pools and volleyball courts.
Land area containing recreation facilities which may require
visitors or participants to become involved in quiet functions that
do not require physical or energetic functions. Passive recreation
areas may include, but are not limited to, common open space, trails
for walking or bicycling, surface water for canoeing, rafting or fishing,
pavilions, picnic areas, cultural centers, scenic vistas and amphitheaters.
Land, water, buildings, structures, apparatuses and/or equipment
which are required to accommodate recreational uses.
An active or passive recreational use designed to accommodate
physical, leisure, sporting or relaxation activities on land or water.
Recreational uses may include basketball, baseball, football, bicycling,
walking, jogging, running, fishing, boating, hunting, hockey, skating,
skateboarding, soccer, golfing, swimming, tennis, volleyball, racquetball,
exercise/fitness, bowling, billiards, bird watching, picnicking, or
any other similar recreational uses, as determined by the Zoning Officer.
A use within a permitted dwelling unit, designed and utilized
as the living quarters for one or more families living independently
of each other. Residential uses may be permitted within single-family
detached units, single-family semidetached units, two-family attached
units, mobile homes, apartment units and townhouse units, provided
the type of dwelling unit is a permitted use within the zoning district
in which it is located, and provided that the dwelling unit complies
with the standards specified by this chapter.
Any change of lot lines as identified on a previously approved
subdivision plan. Any change of lot lines, replattings or new division
of land shall be considered as constituting a new subdivision of land.
A reservoir, formed from soil or other material, which is
designed to detain a certain amount of surface water within a defined
area, which may also be designed to permanently or temporarily accommodate
stormwater runoff within over a period of time. Retention ponds may
also receive and relinquish surface water but shall maintain a certain
volume of water that may vary depending upon seasonal or climatic
conditions.
The formal or informal evaluation of a subdivision plan or
land development plan, including all supplemental plans, reports,
profiles and drawings, by the designated persons, agencies, consultants,
officials and/or staff members of Muhlenberg Township.
The width or area of land which is dedicated or reserved
to accommodate streets, utilities, stormwater management facilities,
traffic control facilities, curbs, sidewalks, bicycle lanes, streetlights,
and other public improvements.
LEGAL RIGHT-OF-WAYThe existing width or area of land which is currently owned and maintained by Muhlenberg Township, the Commonwealth of Pennsylvania, and/or other public agency or authority.
ULTIMATE RIGHT-OF-WAYThe width or area of land which is determined necessary to reserve and/or dedicate in order to accommodate future public improvements.
The required plumbing fixtures within a dwelling unit, including
a sink, toilet, bathtub or shower, which are functioning and compliant
with the Muhlenberg Township Code.
A system designed to collect, convey, treat and dispose of
sewage from users in compliance with local, county, state and federal
regulations.
ON-LOT SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage or holds sewage from only one dwelling, principal use or lot.
COMMUNITY SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
PUBLIC OR MUNICIPAL SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant.
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land which because of its wastewater disposal needs may have the option to utilize on-lot sewage disposal methods or connect to a private, community, public or municipal treatment system. The selected method for wastewater collection, conveyance and treatment shall be consistent with the Muhlenberg Township Act 537 Plan.
An assemblage of permissible materials which are strategically
arranged so as to effectively block or obstruct the views between
adjacent or adjoining properties from ground level to a height of
six feet above grade level, or as determined by the Zoning Officer.
Solid materials that are transported or moved from their
site of origin by air or water.
A covered watertight monolithic concrete settling tank in
which raw sewage is biochemically changed into solid, liquid and/or
gaseous states to facilitate further treatment and final disposal.
The setback requirements as established for any building
or structure within the applicable zoning district for which it is
located.
A deciduous tree which normally grows with a single trunk
and has a canopy which screens and filters sunshine during specific
seasons during the year.
The length of roadway visible to a driver of a standard passenger
vehicle at any given point along the roadway when the view is unobstructed
by traffic. Horizontal sight distance measurements shall be made in
each direction from a point 10 feet from the edge of the cartway and
3.5 feet above the road surface to a point 3.5 feet above the center
line of the road.
Any structure, building, wall or other outdoor surface, or
any device or part thereof which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device or other representations
utilized for announcement, direction, identification or advertisement.
The word "sign" includes the word "billboard," but does not include
the flag, pennant or insignia of any nation, state, city or other
political unit, nor public traffic or directional signs.
The ownership of a lot by one or more persons, where the
ownership is separate and distinct from that of any adjoining land
areas.
Topographic conditions in which the percentage of vertical
to horizontal relief is computed utilizing standard rise over run
calculations and/or as defined by this part of this chapter of the
Code.
A document issued by the United States Department of Agriculture
identifying the locations of soil groups within certain areas and
providing detailed information concerning the characteristics of the
soil groups.
A field test conducted to measure the absorption rate of
water into the ground or soil at a given depth and location, where
the results are utilized to determine the suitability for on-lot sewage
disposal facilities, stormwater management facilities and/or other
site improvements.
The legal consultant appointed by the Muhlenberg Township
Board of Commissioners.
Waste including solid, liquid, semisolid or contained gaseous
materials.
A use by which the Zoning Hearing Board may grant permission to an applicant within a particular zoning district for the occupancy or use of land or water for a specific purpose as specified within this Part 1 of this chapter of the Code.
The Commonwealth of Pennsylvania and its designated agencies.
Areas of land in which the topographical conditions exceed
a certain slope in predevelopment conditions. The following sloped
categories are hereby defined as part of the Steep Slope Overlay District:
CATEGORY 1 SLOPESAll land areas in which the topographical conditions have a range of slope between 10% and 20% in slope in predevelopment conditions, where the difference in vertical elevation ranges between five and 10 feet over a horizontal distance of 50 feet, as measured in any given direction
CATEGORY 2 SLOPESAll land areas in which the topographical conditions have a range of slope between 20% and 30% in slope in predevelopment conditions, where the difference in vertical elevation ranges between 10 and 15 feet over a horizontal distance of 50 feet, as measured in any given direction.
CATEGORY 3 SLOPESAll land areas in which the topographical conditions exceed a slope of 30% in slope in predevelopment conditions, where the difference in vertical elevation is 15 feet or more over a horizontal distance of 50 feet, as measured in any given direction.
Drainage runoff from the surface of the land resulting from
precipitation in the form of rain, snow, sleet, hail or ice.
A program of controls and measures designed to regulate the
quantity and quality of stormwater runoff from a defined area or development
while promoting the protection and conservation of surface water,
groundwater and groundwater recharge.
Those controls and measures, including but not limited to
berms, terraces, bridges, dams, storm sewers, basins, infiltration
systems, swales, watercourses, and floodplains, used to implement
stormwater management regulations.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between any floor and the ceiling
next above it. A basement, but not a cellar, shall be deemed to be
a "story."
A public or private right-of-way, excluding driveways, intended
as a means of vehicular and pedestrian travel, furnishing access to
abutting properties. The word "street" includes thoroughfare, avenue,
boulevard, court, drive, expressway, highway and similar terms. The
functional classification of all existing streets has been defined
in the Comprehensive Plan.
EXPRESSWAYSRoutes providing for corridor movements that represent substantial statewide, interstate or regional travel and movements between major urban areas. Expressways contain the most heavily traveled routes (10,000 to 100,000 trips per day) and including multi-lane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (50 to 65 mph) with a minimum of interference to through traffic. Expressways facilitate truck transport by providing optimum conditions. Mobility is the principal function, and accessibility should be limited to carefully planned interchanges to preserve the functional classification of expressways.
ARTERIALS (MINOR AND MAJOR ARTERIAL)Routes providing for corridor movements that represent substantial statewide or regional travel and movements between major urban areas. Arterial routes contain heavily traveled routes (5,000 to 30,000 trips per day) including multi-lane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (30 to 55 mph) with a minor interference to through traffic. Arterial routes facilitate truck transport by providing favorable conditions. Mobility is the major function, and accessibility should be limited to preserve the functional classification of arterial roads.
COLLECTORS (MINOR AND MAJOR COLLECTOR)Routes that serve primarily regional or intracounty trips and represent those routes with shorter travel distances than arterial routes. Collector roads contain well-traveled roads (500 to 10,000 trips per day) leading to specific destinations or to expressways and arterial routes. The system is designed for moderate speeds (25 to 45 mph) with some interference with designed intersections to permit through traffic. Depending upon its structural integrity and design, collector routes can facilitate lightweight truck transport. Mobility is a significant function, and accessibility should be limited to street intersections and driveways in order to preserve the functional classification of collector roads.
MINOR STREETS or LOCAL ACCESS STREETSRoads that primarily serve local trips and represents those routes with shorter travel distances than collector routes. Local roads contain low-volume to moderately-traveled roads (less than 500 trips per day) leading to collector and arterial routes. The system is designed for lower speeds (20 to 35 mph) with interference with a number of designed intersections. Local roads are typically designed to facilitate lightweight truck transport for local deliveries. Mobility is a minor function, and accessibility to street intersections, driveways and adjacent land areas is significant for local roads.
MARGINAL ACCESS ROADSRoads that serve specific land uses which are parallel or adjacent to an expressway, arterial or major collector roads. Marginal access roads are typically designed to accommodate the use(s) they directly serve. Accessibility between selective points is an essential design element with control at the point of destination. Many marginal access roads are privately owned and maintained.
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end.
INTERNAL STREETA minor street used for circulation and access within a development involving multiresidential, commercial and/or industrial land uses.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
The lot dimension measured along the street line or right-of-way
line of any one street or highway abutting a lot.
The dividing line between a lot and the outside boundary
of a public street, road or highway right-of-way legally open or officially
mapped by a municipality or higher governmental authority, between
a lot and the outside boundary of a street shown on a recorded subdivision
or land development plan, or between a lot and a private street or
road over which the owners or tenants of one or more lots held in
single and separate ownership have a right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
PERMANENT STRUCTUREA structure to be utilized for a specific purpose for more than one year, provided the structure complies with the provisions of the Code.
TEMPORARY STRUCTUREA structure to be utilized for a specific purpose for less than one year, provided the structure complies with the provisions of the Code..
Any landowner, whether an individual, firm, partnership,
association, corporation, estate, trust, or any other group or combination
acting as a unit, or an agent of said landowner authorized by the
applicant, who undertakes the subdivision or development of land in
accordance with the provisions of the Muhlenberg Township Code.
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. 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 Muhlenberg Township Subdivision and Land Development
Ordinance of 2004, as amended and codified.
Any repair, addition, reconstruction, rehabilitation, or
other improvement to a structure where the cost of such improvement
equals or exceeds 50% of the market value of the structure before
the improvements occurred.
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.
Muhlenberg Township, Berks County, Pennsylvania.
The specific purpose for which land, a sign, structure or
building is designed, arranged or intended, or for which it may be
occupied or maintained, or any activity, occupation, business or operation
which may be carried on thereon or therein. The term "permitted use"
or its equivalent shall not be deemed to include any nonconforming
use.
PERMANENT USEA permitted use conducted on a lot for more than one year, provided the permanent use complies with all provisions of the Code.
SEASONAL USEA permitted use conducted on a lot during certain defined segments of the year, provided the seasonal use complies with all provisions of the Code.
TEMPORARY USEA permitted use conducted on a lot for less than a one-year period of time, provided the temporary use complies with all provisions of the Code
A service, facility, apparatus or use which provides electric,
telephone, cable, sewer, water, natural gas, and similar utility services
to customers within a defined service area, grid, neighborhood region
or municipality.
COMMUNITY UTILITYA utility which is owned, operated or maintained by a public utility provider, municipality, municipal authority, homeowners' association, or private agency for the purposes of providing sanitary sewage disposal, water supply, energy, telephone, or other utility services within a defined service area.
PRIVATE UTILITYA utility which is owned, operated or maintained by a private or independent utility provider for the purposes of providing sanitary sewage disposal, water supply, energy, telephone, or other utility services within a defined service area.
PUBLIC UTILITYA utility which is owned, operated or maintained by a public utility provider for the purposes of providing sanitary sewage disposal, water supply, energy, telephone, or other utility services within a defined service area.
Relief granted by the Zoning Hearing Board from the terms
and conditions of this chapter where literal enforcement would create
unnecessary hardship and when granting of the relief would not be
contrary to the public interest.
Any motor vehicle utilized for any lawful use which is properly
licensed and inspected in accordance with all local, state and federal
laws.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term "waste" shall also include and apply to waste considered
as either hazardous, contaminated, toxic, residual, municipal or recyclable,
as defined by the Muhlenberg Township Code, PADEP and/or the United
States Environmental Protection Agency.
A system designed to transmit water from the source to users,
in compliance with the requirements of the appropriate state agencies
and the Township.
ON-LOT WATER SUPPLY SYSTEMA water supply system which transmits water from a source on the lot to one dwelling, principal use or lot.
COMMUNITY WATER SUPPLY SYSTEMA temporary water supply system which transmits from a common source to more than one dwelling, principal use and/or lot within a single neighborhood. A community water supply system may be permitted on a temporary basis for developments which are to be permanently serviced by a public water supply system.
PUBLIC OR MUNICIPAL WATER SUPPLY SYSTEMA system of water collection, storage, transmission and delivery which is to service a community but not confined to a neighborhood.
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land which, because of its water supply needs, may have the option to utilize on-lot water supply methods or connect to a private, community, public or municipal water supply system. The selected method for water supply shall be consistent with the Muhlenberg Township Act 537 Plan.
A permanent or intermittent stream, river, brook, run, channel,
swale, pond, lake or other body of surface water carrying or holding
water, whether natural or artificial.
The total land area where water drains into a particular
watercourse.
Those 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. Wetlands
generally include swamps, marshes, bogs and similar areas. The major
characteristics of wetlands include vegetation, soil and hydrology.
An area of land in which one or more contiguous acres are
mostly occupied or covered by mature trees (six inches in caliper).
The area of the woodlands shall be measured from the dripline of the
outer trees.
The clear-cutting or removal of mature trees, as measured
six inches or more in caliper, to provide area for improvements on
an individual lot or parcel of land as the mature trees exist in predevelopment
conditions.
An open space on the same lot with a structure (or a group
of structures) which lies between the structure (or a group of structures)
and a lot line and which is unoccupied and unobstructed from the ground
upward except as herein permitted.
FRONT YARDA yard extending the full width of the lot between a structure and the front lot line. On lots abutting more than one public street other than an alley, the front yard requirement shall apply for each public street.
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
Division of all of the land of an entire political subdivision
into districts having different regulations pertaining to use of land;
height, area, bulk and use of buildings; yard requirements; and in
some states, density of population. Zoning is affected by local ordinance
under the police power of the state granted by specific legislation
generally termed an "enabling act."
The Muhlenberg Township Zoning Hearing Board, as established
by the Board of Commissioners to hear matters in accordance with this
chapter.
The Muhlenberg Township Zoning Map.
The agent or official designated by the governing body to
administer and enforce this chapter.
The Muhlenberg Township Zoning Ordinance, as amended and codified. (See Chapter 355, Zoning, of the Code.)
