Article VII attempts to clarify by definition the terminology used within and in relationship to this Subdivision and Land Development Ordinance.
A. 
Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings indicated.
B. 
Words in the singular include the plural and those in the plural include the singular.
C. 
Words used in the present tense include the future tense.
D. 
Words "person," "subdivision," "owner" and "developer" include a corporation, incorporated association and a partnership or other legal entity, as well as an individual.
E. 
The word "building" includes structures and shall be construed as if followed by the phrase "or part thereof."
F. 
The word "watercourse" includes channel, creek, ditch, dry run, spring, stream or river.
G. 
The words "should" and "may" are permissive; the words "shall," "must" and "will" are mandatory and directive.
H. 
Other terms or words used herein shall be interpreted or defined as follows:
ACCESS DRIVE
A private drive providing vehicular access between a public or private street and a building, parking area and/or loading area within a land development.
ALLEY
See "service street."
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development including his/her heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT (APPLICATION)
Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development, for the approval of a subdivision plot or plan or for the approval of a development plan.
ARCHITECT
A professional architect licensed as such by the Commonwealth of Pennsylvania.
BLOCK
An area bounded on one side by a street and on the other three sides by a street, railroad right-of-way, watercourse, unsubdivided area or similar feature.
BUILDING
A structure enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.
BUILDING RESERVE (SETBACK) LINE
The line within a property defining the minimum required distance between any building and a street right-of-way.
CARTWAY (ROADWAY)
The portion of a street right-of-way, paved or unpaved, intended for vehicular use.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.
COMMISSION
The Planning Commission of the Township of Bern, Berks County, Pennsylvania.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents, not including streets, off-street parking areas and areas set aside for public facilities.
COMMON PARKING AREA
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, one townhouse, one two-family detached dwelling or one two-family semidetached dwelling is located.
CONDOMINIUM
Real estate, portions of which in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980, as amended,[1] are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
COUNTY
The County of Berks, Commonwealth of Pennsylvania.
COUNTY PLANNING COMMISSION
The Planning Commission of the County of Berks, Commonwealth of Pennsylvania.
DEDICATION
The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
DEVELOPER
Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT PLAN
The provisions for development, including a planned residential development, a plat of subdivision, 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.
DWELLING
A building arranged, intended, designed or used as the living quarters for one or more families living independently of each other upon the premises. The term "dwelling" shall not be deemed to include hotel, motel, rooming house or tourist home.
DWELLING UNIT
Any structure or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
EASEMENT
A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structure, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
ENDORSEMENT
The application of the County Planning Commission's appropriate stamp and the signature of the Executive Director to the final plan. The application of the signatures of at least a majority of the Township Supervisors and the Township Seal to the plan.
ENGINEER
A licensed professional engineer registered by the Commonwealth of Pennsylvania.
GOVERNING BODY
The Board of Supervisors of the Township of Bern, Berks County, Pennsylvania.
GRADE
The inclination, with the horizontal, of a road, unimproved land, etc., which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.
IMPROVEMENTS
Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.
IMPROVEMENTS AGREEMENT
An agreement between the Township of Bern and a developer which provides for an improvement guaranty for the completion of improvements within the subdivision or land development, establishes responsibilities of the Township and developer regarding the completion and observation of improvements and specifies such other items regarding improvements which are agreed to between the Township and the developer.
IMPROVEMENTS GUARANTY (FINANCIAL SECURITY)
Any security which is accepted by the Township to guarantee that certain improvements will be made within the subdivision or land development, including performance bonds, escrow agreements and any other collateral or surety agreements.
LAND DEVELOPMENT
[Amended 6-7-2005 by Ord. No. 220-2005]
(1) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure;
(b) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features;
(c) 
Construction of a nonresidential accessory building larger than 180 square feet, unless waived by the Board of Supervisors;
(d) 
The creation of any additional paved area greater than 6,400 square feet, unless waived by the Board of Supervisors.
(2) 
A subdivision of land.
(3) 
A land development plan is not required under the following conditions:
(a) 
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 condominiums;
(b) 
The addition of a residential accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
(c) 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subclause, 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 by proper authorities.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The area contained within the property lines of a lot (as shown on the plan) excluding space within all street rights-of-way.
LOT, FLAG
A lot of irregular shape that has a narrow access strip (not meeting the minimum lot widths requirements of the Township Zoning Ordinance and thus too narrow for the construction of a principal building) leading from a street or other right-of-way to a wider portion of the lot which is intended for construction of a principal building and which wider portion complies with the minimum lot widths requirements of the Township Zoning Ordinance.
LOT WIDTH
The mean width measured at building setback line between side lot lines and parallel to front lot line but in no case shall street frontage be less than 1/2 of the required lot width in the particular zoning district. Lot width is governed by terms of the Zoning Ordinance where more restrictive.
MAINTENANCE GUARANTY
A guaranty by the developer of the structural integrity of improvements dedicated to the Township.
MARKER
A metal pipe or pin of at least 3/4 inch in diameter and at least 24 inches in length.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contain two or more mobile home lots for the placement thereon of mobile homes.
MONUMENT
A stone or concrete monument with a flat top at least four inches in diameter or square, containing a copper or brass dowel, indented cross or 1/4 inch drill hole and at least 24 inches in length (preferred 30 inches to 36 inches). It is recommended that bottom sides or radius be at least two inches greater than top, to minimize movements caused by frost. An iron pin at least 30 inches in length with the bottom encased in concrete to a minimum depth of eight inches.
MULTIPLE-DWELLING BUILDING
A building providing separate dwelling units for three or more families.
MUNICIPALITY
Township of Bern, Berks County, Pennsylvania.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
PLAN, FINAL
A complete and exact subdivision or land development plan (including all required supplementary data), prepared for official recording to define property rights and proposed streets and other improvements.
PLANNING COMMISSION
Bern Township, Berks County Planning Commission.
PLAN, OFFICIAL
The Comprehensive Development Plan and/or Master Plan and/or Future Land Use Plan and/or Ultimate Right-of-Way Plan and/or Official Map and/or Topographical Survey and/or other such plans or portions thereof as may have been adopted pursuant to statute.
PLAN, PRELIMINARY
A tentative subdivision or land development plan (including all required supplementary data), in lesser detail than a final plan, showing, among other things, topographical data and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
PLAN, RECORD
The copy of the final plan which contains the original endorsements of the County Planning Commission and the Township Supervisors and which is intended to be recorded with the County Recorder of Deeds.
PLAN, SKETCH
An informal plan indicating salient existing features of a tract and the general layout of a proposed subdivision or land development.
PLAT
A map or plan of a subdivision or land development, whether preliminary or final.
PUBLIC GROUNDS
Parks, playgrounds, trails, paths and other recreational areas; sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Township Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and 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.
RESERVE STRIP
A parcel of ground in separate ownership separating a street from other adjacent properties or from another street, either proposed or existing.
RESUBDIVISION
Any replatting of land, including changes to recorded subdivision or land development plans. See also "subdivision."
REVERSE FRONTAGE LOT
A lot extending between and having frontage on two generally parallel streets, excluding service streets, with vehicular access solely from one street.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street, alley, crosswalk or for other public or private purposes.
SANITARY SEWAGE DISPOSAL, ON-SITE
Any structure designed to treat sanitary sewage within the boundaries of an individual lot.
SANITARY SEWERAGE SYSTEM, COMMUNITY
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood, subdivision or land development.
SANITARY SEWERAGE SYSTEM, PUBLIC
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, generally not confined to one neighborhood, subdivision or land development.
SIGHT DISTANCE
The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurement shall be made from a point 3.5 feet above the center line of the road surface to a point 0.5 feet above the center line of the road surface.
SOLID WASTE
Garbage, refuse and other discarded materials.
STREET
A strip of land, including the entire right-of-way (i.e., not limited to the cartway) intended to be used by vehicular traffic or pedestrians. The word "street" includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. Streets are further classified according to the function they perform.
(1) 
ARTERIAL STREETA street serving a large volume of comparatively high-speed and long-distance traffic; also termed "major streets."
(2) 
COLLECTOR STREETA street which intercepts minor streets to provide a route to give access to community facilities and/or other collector and arterial streets. Generally, streets in industrial and commercial subdivisions shall be considered collector streets.
(3) 
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end or a minor street which intersects another street at one end, forms a loop and intersects itself.
(4) 
HALF (PARTIAL) STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.
(5) 
MARGINAL ACCESS STREETA minor street parallel and adjacent to an arterial street, but separated from it by a reserve strip, which provides access to abutting properties and control of intersections with the arterial street.
(6) 
MINOR STREETA street used primarily to provide access to abutting properties or buildings.
(7) 
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDER
Any landowner, equitable owner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision or a land development.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, 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 term "subdivision" shall refer, as appropriate in this chapter, to the process of subdividing land or to the land proposed to be subdivided. The term "subdivision" includes resubdivision. The enumerating of lots shall include as a lot that portion of the original tract remaining after other lots have been subdivided therefrom.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
TOWNSHIP
The Township of Bern, Berks County, Pennsylvania.
TOWNSHIP ENGINEER
A duly registered professional engineer employed by the Township or engaged as a consultant thereto or his duly authorized representative.
TOWNSHIP PLANNING COMMISSION
The Planning Commission of the Township of Bern, Berks County, Pennsylvania.
TOWNSHIP SOLICITOR
The solicitor appointed by the Township Supervisors or his/her duly authorized representative.
TOWNSHIP SUPERVISORS
Board of Supervisors of the Township of Bern, Berks County, Pennsylvania.
TOWNSHIP ZONING OFFICER
The agent or official designated by the Township Supervisors to administrate and enforce the Township Zoning Ordinance.
TOWNSHIP ZONING ORDINANCE
Zoning Ordinance of the Township of Bern, Berks County, Pennsylvania.[2]
TURNAROUND
A circular area of specified radius and material intended for use by vehicles for the purpose of making turning movements at the terminus of a street.
WATER DISTRIBUTION SYSTEM, COMMUNITY
A system for supplying and distributing water from a common source to two or more dwellings and/or other buildings within a single neighborhood, subdivision or land development.
WATER DISTRIBUTION SYSTEM, ON-SITE
A system for supplying and distributing water to single dwelling or other building from a source located on the same lot.
WATER DISTRIBUTION SYSTEM, PUBLIC
A system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood, subdivision or land development.
WETLANDS
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; and those areas which may be classified as wetlands under applicable guidelines issued by the federal government or by the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: See Ch. 184, Zoning.