[Ord. 2000-02, 3/9/2000, § 201]
As used in this chapter, words in the singular include the plural, and those in the plural include the singular. The word "person" includes a corporation, unincorporated association, and a partnership, as well as an individual. The word "building" includes structure and shall be construed as if followed by the phrase "or part thereof." The word "street" includes avenue, boulevard, court, expressway, highway, lane, and road. The word "watercourse" includes channel, creek, ditch, drain, dry run, spring, and stream. The word "may" is permissive; and words "shall" and "will" are mandatory.
[Ord. 2000-02, 3/9/2000, § 202; as amended by Ord. 2002-04, 2/21/2002, § IV; by Ord. 2004-02, 4/14/2004, § 1; by Ord. 2004-10, 10/20/2004, § 1; by Ord. 2008-05, 11/19/2008, § 1; by Ord. 2011-06, 3/6/2011, § 1; by Ord. 2011-11, 12/21/2011, § 1; and by Ord. 2013-04, 12/18/2013, § 2]
1. 
For the purposes of this chapter, the following words, terms and phrases have the meaning indicated herein:
AASHTO
American Association of State Highway Transportation Officials.
APPLICANT
The owner or authorized agent of the owner of a tract of land to be subdivided or developed, including his heirs, successors or assigns.
APPLICATION FORM
The official form available from the Township Secretary to accompany each subdivision and/or land development submitted for review.
BERM
A mound of earth which serves purposes such as directing the flow of surface water runoff, preventing soil erosion or supporting planted materials to aid in screening.
BLOCK
An area bounded by streets or a combination of streets, waterways, and Township boundaries in accordance with § 22-603 herein.
BOARD
The Board of Supervisors of Franklin Township.
BUFFER
An area which provides a year-round visual and/or sound attenuation between uses, through the application of such means as plantings, earthen berms, depressions, fences, and walls.
BULK WATER PROVIDER
An entity that provides treated potable water to a final purveyor for distribution to residential, commercial, industrial, or municipal customers in the Township. A bulk water provider may also be a final purveyor.
CALIPER
The diameter of the main trunk of a tree. Caliper measurement shall be taken at a point on the trunk six inches above the natural ground line. If the result of this measurement is greater than four inches, then take caliper measurement at 12 inches above the natural ground line.
CARTWAY
The portion of a street intended for vehicular use including travel lanes, but not including shoulders, curbs, and drainage swales.
CENTRAL WATER SUPPLY
A system for supplying potable water from a common groundwater source or sources to multiple users. A central water supply system must either be a public water supply system or a community water supply system.
CERTIFICATE OF REGISTRATION FOR MOBILE HOME PARKS
Written approval as issued by the Pennsylvania Department of Environmental Protection authorizing a person to operate and maintain a mobile home park.
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 street center lines.
COMMUNITY WATER SUPPLY SYSTEM
A system supplying potable water which: (1) is owned and/or operated by the Township, a municipal authority organized by the Township or authorized by the Township to conduct business in the Township, a certificated public utility, or a bona fide association of lot or building owners; (2) serves only one community, residential subdivision, or commercial or industrial development; and (3) is not interconnected with other water supply systems.
CUL-DE-SAC
A local street having access to and from another street at one end and terminated at the other by a vehicular turnaround.
DBH
See "diameter at breast height."
DEVELOPER
Any legal or equitable landowner, agent of such landowner, or tenant with written authorization of such landowner who makes or causes to be made a subdivision or land development.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree trunk, measured at 4.5 feet from the ground surface at the point of the highest elevation in contact with the base of the trunk of such tree.
DOUBLE-FRONTAGE LOT
A lot having frontage on two streets which are relatively parallel to one another.
DRIVEWAY
An individual or shared portion of a lot which provides a well-defined access for vehicles to a parking space, dwelling or other structure on no more than two lots.
EASEMENT
A right-of-way granted for limited use of private land for a public or quasi-public purpose.
ENVIRONMENTAL IMPACT ASSESSMENT AND MITIGATION
An assessment and mitigation report in accordance with § 22-613, which objectively describes, analyzes and documents both the beneficial and adverse impacts of a proposed subdivision and/or land development, and the measures to be undertaken to mitigate adverse impacts.
[Amended by A.O.]
FINAL PURVEYOR
The private entity, Township authority, or public utility that provides potable water to residential, commercial, industrial, or municipal customers in the Township through pipes and conduits located in whole or part within the Township and charges the customers for such service. A final purveyor includes "terminal" purveyors who purchase water by bulk and distribute it into and through the Township. A final purveyor may also be a bulk water provider.
FUNCTIONAL HIGHWAY CLASSIFICATION
The categorization of streets and highways in Franklin Township according to a hierarchy of service characteristics established in the Franklin Township Comprehensive Plan.
GRADE, EXISTING
The elevation, relative to a given datum, of the ground surface prior to any excavation, cut or fill.
GRADE, FINISHED
The elevation, relative to a given datum, of the ground surface after completion of any excavation, cut or fill.
GUARANTEE, COMPLETION
The financial security that may be accepted by the Township as a guarantee that public improvements required as part of an application for subdivision and/or land development are completed to the satisfaction of the Township.
GUARANTEE, MAINTENANCE
The financial security that may be accepted by the Township as a guarantee that public improvements required as part of an application for subdivision and/or land development will be in satisfactory condition for a specific period of time.
HALF OR PARTIAL STREET
A street, generally parallel and adjacent to a property line, having less of a right-of-way width than normally required for the satisfactory improvement and use of the street.
INDIVIDUAL WATER SUPPLY
A system for supplying potable water to a single user from a private groundwater source located on the same lot as the use.
INTERIOR LOT
Any lot which only has access to a dedicated street by means of an easement or right-of-way such as a shared driveway; any lot which has a minimum frontage to a dedicated street by virtue of being a flag-shaped lot.
INTERIOR WALK
A right-of-way for pedestrian use extending from a street into a block to another street.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
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.
(2) 
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.
B. 
A subdivision of land.
LOT
A tract or parcel of land defined by a legal description which conforms to the provisions of this chapter, Chapter 27, Zoning, and other applicable codes.
LOT, CORNER
A lot bounded on at least two sides by streets whenever the lines of such streets extend from an interior angle of 135° or less. All yards abutting streets shall be considered front yards. The remaining yards shall be treated as side yards.
LOT, FLAG
An interior lot connected to the street by an access corridor with a minimum width of no less than the 50 feet street frontage as required by Chapter 27, Zoning.
MOBILE HOME PARK
A parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.
NONTIDAL WETLANDS
An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation, and is determined according to the Corps of Engineers Wetland Delineation Manual, 1987.
NORMAL AGRICULTURAL OPERATION
[Added by Ord. 2016-02, 4/20/2016]
A. 
The activities, practices, equipment and procedures that farmers adopt, use or engage in the production and preparation for market of poultry, livestock and their products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities and is:
(1) 
Not less than 10 contiguous acres in area; or
(2) 
Less than 10 contiguous acres in area but has an anticipated yearly gross income of at least $10,000.
B. 
The term includes new activities, practices, equipment and procedures consistent with technological development within the agricultural industry. Use of equipment shall include machinery designed and used for agricultural operations, including, but not limited to, crop dryers, feed grinders, saw mills, hammer mills, refrigeration equipment, bins and related equipment used to store or prepare crops for marketing and those items of agricultural equipment and machinery defined by the Act of December 12, 1994 (P.L. 944, No. 134), known as the "Farm Safety and Occupational Health Act." Custom work shall be considered a normal farming practice.
OPACITY
The measure of opaqueness provided by a wall or fence, measured as the percentage of solid material to open area.
PENNDOT
Pennsylvania Department of Transportation.
PERENNIAL STREAM
A continual flowing body of water that is delineated by a blue line on the USGS 7.5-minute quadrangle maps.
PLAN, AS-BUILT
A plan prepared by a Pennsylvania registered professional land surveyor or professional engineer showing actual dimensions and locations of all improvements as constructed.
PLAN, FINAL
A complete and exact subdivision or land development plan, prepared for official recording as required by statute, defining property rights, proposed streets and other improvements.
PLAN, PRELIMINARY
A tentative subdivision or land development plan, in lesser detail than a final plan, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
PLAN, SKETCH
A schematic plan, not necessarily to exact scale, indicating existing features of a tract and its surroundings and the general layout of the proposed subdivision and/or land development in sufficient detail to allow for disclosure of all significant review matters.
PLANNING COMMISSION
The Planning Commission of Franklin Township.
PUBLIC IMPROVEMENT
Any improvement relating to a subdivision or land development which is designed to be used by the public, including dedicated improvements.
PUBLIC WATER SUPPLY SYSTEM
A system supplying potable water which: (1) is owned and/or operated by the Township, a municipal authority organized by the Township or authorized by the Township to conduct business in the Township, or a certificated public utility; (2) serves more than one community, residential subdivision, or commercial or industrial development; and (3) may be interconnected with other water supply systems.
REDIVISION
The further division of lots or the relocation of lot lines within previously approved subdivision plans, but not including conveyances which combine parcels.
RESIDUAL TRACT
Remaining lands and/or lots in a subdivision on which no construction, buildings, improvements, and/or grading is proposed, either presently or in the future.
RETAINING WALL
A structure that is constructed between lands of different elevations used to stabilize the surfaces, prevent erosion, and/or protect structures.
REVERSE-FRONTAGE LOT
A double-frontage lot having frontage along a major traffic street and a minor street, and with vehicular access solely from the latter.
RIGHT-OF-WAY
A strip of land granted or reserved for a public or private purpose.
RIPARIAN BUFFER
A riparian buffer is an area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. [See § 27-2503, Subsection 5A(3), for requirements where a vegetated buffer does not exist prior to proposed development.] For the purposes of this chapter, the riparian buffer shall be divided into two zones:
A.
ZONE ONE: INNER RIPARIAN BUFFER — This zone begins at the top of each stream bank of an identified watercourse and occupies a margin of land with a minimum width of 35 feet measured horizontally on a line perpendicular to the edge of the water at the top of the defined bank, as reviewed and approved by the Township Engineer. Where severely steep slopes (+25%) are located within 35 feet of a watercourse, Zone One shall extend the entire distance of this sloped area.
B.
ZONE TWO: OUTER RIPARIAN BUFFER — This zone begins at the outer edge of Zone One and occupies a maximum width of 65 feet in addition to Zone One.
(1)
In cases where Zone One extends beyond 35 feet due to the presence of severely steep slopes, the width of Zone Two shall be adjusted so that the total riparian buffer width equals a total width of 100 feet.
(2)
Where the entire width of the Zone Two Riparian Buffer is not wooded, the outer edge, up to the maximum 100-foot width, shall be maintained as a filter strip of dense grass or other features to provide sediment filtering, nutrient uptake, and convert concentrated flow to uniform, shallow, sheet flow. [See § 27-2503, Subsection 5A(3), for requirements where a vegetated or wooded buffer does not exist prior to proposed development.]
SETBACK OR BUILDING LINE
The lines within a property defining the required minimum distance between any enclosed structure and the adjacent right(s)-of-way or property lines.
SIDEWALK
A paved, surfaced or leveled area, paralleling and separate from the cartway of a street, used as a pedestrian walkway.
SIGHT DISTANCE
The maximum extent of unobstructed vision (in a horizontal or vertical plane) along a street from a vehicle located at any given point on the street.
STORMWATER MANAGEMENT SITE PLAN
Refer to Chapter 19, Stormwater Management.
STREET, LOCAL
A street defined as such in the Franklin Township Comprehensive Plan that serves low levels of traffic, provides high level of access to adjacent properties, provides short distance travel and which does not serve through trips.
STREET, MAJOR COLLECTOR
A street defined as such in the Franklin Township Comprehensive Plan that serves moderate levels of traffic, collects traffic from local streets and distributes to arterials, provides a mix of mobility and access, links neighborhoods and serves some local traffic.
STREET, MINOR ARTERIAL
A street defined as such in the Franklin Township Comprehensive Plan that serves high volumes of traffic, links boroughs and villages and provides some control of access.
STREET, MINOR COLLECTOR
A street defined as such in the Franklin Township Comprehensive Plan that serves lower levels of traffic than major collectors, collects traffic from local streets and distributes to arterials, provides a mix of mobility and access, links neighborhoods and serves mostly local traffic.
STREET, PRINCIPAL ARTERIAL
A street defined as such in the Franklin Township Comprehensive Plan that serves heavy volumes of traffic, links urban centers, provides some control of access and provides more than two travel lanes.
STREET, PRIVATE
A street not offered for dedication or duly accepted by the Board of Supervisors as a public street.
SUBDIVIDER
The owner, or the authorized agent of the owner, of the lot to be subdivided.
SUBDIVISION
"Subdivision" shall be defined to include:
A. 
The division of a single lot or part thereof, by any means into two or more lots, including changes in street lines or lot lines for the purpose, whether immediate or future, of lease, of transfer of ownership or of building development; provided, that the subdivision by lease of land for agricultural purposes into parcels of 10 or more acres, not involving any new street, or easement of access, or residential dwelling, shall be exempted.
B. 
The creation of a mortgage encumbering real estate less than the entire tract of land titled in the mortgagor's name at the time the mortgage is created.
C. 
The redivision and, as appropriate in this chapter, the process of subdividing land.
SUBDIVISION, MAJOR
The division of land involving any or all of the following:
A. 
Four or more contiguous lots.
B. 
Resulting land area capable of undergoing further subdivision.
C. 
Any public improvement.
D. 
Creation of easements or rights-of-way.
SUBDIVISION, MINOR
Any division of land other than a major subdivision.
TOWNSHIP
Franklin Township, Chester County, Pennsylvania.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania duly appointed as the engineer for the Township.
TOWNSHIP SECRETARY
An individual duly appointed by the Board of Supervisors who serves as Secretary to the Township.
TOWNSHIP WATER SUPPLY SYSTEM
An individual water supply system or central water supply system.
WATERCOURSE
A watercourse is a channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.