Unless otherwise expressly stated, the following
terms shall, for the purpose of these regulations. have the meanings
indicated.
ADJUSTED TRACT AREA
That area remaining after the application of density factors shall be used to calculate the maximum number of units permitted on a tract. (Reference §
131-113 of the Township Zoning Ordinance).
ANCHORING
The fastening of the mobile home to its home stand in order
to prevent upset or damage due to wind, erosion, flooding or other
natural forces.
APPLICANT
The owner or equitable owner of land who files a subdivision
or land development plan with Washington Township.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative 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 plat or plan or for the
approval of a development plan.
AUTHORITY
The Washington Township Municipal Authority.
BASE FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter and other
Township ordinances have been prepared.
BASE FLOOD ELEVATION
The one-hundred-year flood elevation as referenced in the Flood Insurance Study, prepared by the Federal Emergency Management Agency, Federal Insurance Administration. Within the approximated floodplain as delineated in the Flood Insurance Study or other delineated floodplain outside of the Flood Insurance Study, the base flood elevation shall be established as a point on the boundary of the Floodplain Overlay District as defined in Chapter
131, Zoning, closest to the construction site in question. Whenever the phrase "established flood level or regulatory flood elevation (where available)" is contained in this chapter, it shall be construed to mean "base flood elevation."
BLOCK
An area usually bounded by streets or streets and natural
or man-made features.
BOARD
The Board of Supervisors of Washington Township, Berks County,
Pennsylvania.
BUFFER
An area designed and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Unless otherwise specified, buffers may be included as part
of the required setbacks and yard areas.
BUFFER AREA or BUFFER STRIP
A strip of required yard space adjacent to the boundary of a property or district, not less in width than is designated in the Township Zoning Ordinance (Chapter
131), and upon which is planted year-round shrubbery, hedges, evergreens and/or suitable plantings as a landscaped screen, as defined in Chapter
131, Zoning. The buffer area may include a wall or fence, provided that such wall or fence shall be designed and constructed in such a manner that it will not conflict with the character of the abutting district.
BUILDING
A structure as defined herein with enclosing walls and a
roof, having a permanent, fixed location on land or in water.
BUILDING COVERAGE
The maximum horizontal area covered by buildings at or above
grade.
BUILDING SETBACK LINE
An imaginary line upon a property which is parallel to the street line (or the front lot line of a flag lot) and is separated therefrom by a distance equivalent to the minimum front yard required by the zoning district within which the street line or front line is located. The building or portion of a building may be erected or extended upon or over the area between the street right-of-way line (or the front line) and the building setback line; equivalent to "front yard line" as defined in the Chapter
131, Zoning.
CALIPER
Diameter of a tree's trunk measured 12 inches above the ground.
CARTWAY
The portion of a street or alley intended for vehicular use.
COMPREHENSIVE PLAN
The Washington Township Comprehensive Plan, consisting of
maps, charts and textural matters, as well as all revisions thereto.
CONDOMINIUM
An estate in real property consisting of an individual interest
in a space within a structure and/or a portion of property together
with an undivided interest in common elements.
CONSTRUCTION
Activity associated with the erection, renovation, repair,
extension, expansion, alteration or relocation of a structure, including
the placement of mobile/manufactured homes.
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.
DRIVEWAY
A privately owned area accommodating vehicular access to
one nonresidential lot or to one or more residential lots.
DWELLING UNIT
A building or portion of a building used or intended to be
used as a permanent or seasonal place of residence. A dwelling unit
shall include such housekeeping facilities as necessary to be independent
from all other dwelling units and shall also be physically discrete
from all other dwelling units.
EASEMENT
A right-of-way or other right granted for the use of private
land for certain public or quasi-public purposes and within which
the lessee or 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 consistent with the rights of the grantee.
ELECTRONIC NOTICE
Notice given by Washington Township, Berks County, through
the Internet, of the time and place of a public hearing and the particular
nature of the matter to be considered at the hearing.
[Added 11-19-2015 by Ord.
No. 2015-07]
ENDORSEMENT
Review stamp of the Berks County Planning Commission.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
FILL
Any act by which natural materials are placed, pushed, dumped,
pulled, transported or moved to a new location above the natural surface
of the ground or on top of the stripped surface, as well as the conditions
resulting therefrom.
FLOOD
A temporary condition of partial or complete inundation of
a normally dry land area.
FLOODPLAIN
The relatively flat or low-lying area adjoining a river, stream or watercourse which is subject to partial or complete inundation; also, an area subject to the unusual and rapid accumulation or runoff of surface waters from any source; any land included within the boundaries of the Floodplain Overlay District of the Township Zoning Ordinance (Chapter
131).
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which require or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Such measures are set forth
in Flood Proofing Regulations published by the Office of the Chief
Engineers, United States Army, Publication No. EP 1165 2 314 (June
1972 and as subsequently amended). Floodproofing measures for all
new construction and substantial improvements to structures shall
satisfy the requirements of the Completely Dry Spaces (W1) and Essentially
Dry Spaces (W2) classes referenced in these regulations. In said publication
where reference is made to "below (or above) the BFD (base flood datum),"
it shall be interpreted as meaning below (or above) the base flood
elevation. Said regulations are contained in the Building Code of
Washington Township, as amended.
GROSS TRACT AREA
The area of the land enclosed by the property lines of an
individual parcel of land without exclusions.
IMPROVEMENT
Grading, paving, curbing, guttering, streetlights, street
signs, fire hydrants, water mains, sanitary sewers, on-site sewage
disposal facilities, storm drains, inlets and appurtenances, culverts,
bridges, sidewalks, crosswalks, monuments, telephone and electric
lines, shade trees and all construction appurtenances incidental thereto;
also wells and parking areas.
LAND DEVELOPMENT
A.
Any of the following activities:
(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; or
(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.
(3)
A change of character of the land.
B.
Land development, as defined herein, shall not
include the following:
(1)
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
(2)
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
(3)
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 subsection, an "amusement park"
is defined as a tract or area used principally as a location for permanent
amusement structures or rides. This exclusion shall not apply to newly
acquired acreage by an amusement park until initial plans for the
expanded area have been approved 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 can 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 an individual
parcel of land, including but not limited to a parcel as shown on
a subdivision plan or development plan, excluding areas within the
legal or ultimate right-of-way (whichever is greater) of a public
road and area within the pole portion of a flag lot.
MAILED NOTICE
Notice given by Washington Township, Berks County, by first-class
mail, of the time and place of a public hearing and the particular
nature of the matter to be considered at the hearing.
[Added 11-19-2015 by Ord.
No. 2015-07]
MARKER
A metal pin of at least a diameter of one inch and a length
of 24 inches.
MATURE TREE
Any tree of six inches or more in caliper, whether standing
alone, in tree masses or woodlands. A mature tree shall be a healthy
specimen and shall be a desirable species as determined by the Township.
MINIMIZE
To reduce to the smallest amount possible. "Minimize" does
not mean to eliminate, but rather that the most substantial effort
possible under the circumstances has been taken to reduce the adverse
effect of the action (such as grading, clearing, construction, etc.).
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MONUMENT
A marble or concrete monument with a flat top of at least
four inches and a length of at least 24 inches.
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
OFFICIAL MAP
The Official Map of current adoption showing the exact location
of the lines of existing and proposed public streets, including the
ultimate width of the corridor for such streets for Washington Township,
provided that proposed streets, in and of itself, constitute a taking
or acceptance of any land by Washington Township.
ONE-HUNDRED-YEAR FLOOD
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in any one year. For the purpose of this
chapter, the one-hundred-year flood (base flood) as defined by the
Federal Emergency Management Agency, Federal Insurance Administration,
in the Flood Insurance Study, Washington Township.
OPEN SPACE LAND
The common area not built upon within a subdivision, land
development or agricultural area.
PLANS
A.
IMPROVEMENT CONSTRUCTIONA plan prepared by a registered engineer or surveyor showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by these regulations, showing the horizontal details, profile and typical cross section to be constructed or installed.
B.
SKETCHA rough draft showing proposed streets and lots related to topography, to be used as the basis for informal discussion between the representatives of the planning agency and subdivider, developer or builder. For a sketch plan filed under §
107-10B of this chapter, a sketch plan shall not constitute an official application for approval of a subdivision plan or land development plan.
C.
PRELIMINARYA plan prepared for discussion with the planning agency and Supervisors by a registered engineer or surveyor, showing the proposed street and lot layout, the deed restrictions, easements, etc., of the entire land owned being subdivided.
D.
RECORD An approved plan meeting applicable SALDO, zoning and any related ordinances and meeting all recording requirements, i.e., signatures, seals and proper notarizations.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PRESERVATION or PROTECTION
When used in connection with natural and historic resources,
shall include 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.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Ch.
7 (relating to open meetings).
REMNANT
A parcel of land created through subdivision, usually of
odd shape and insufficient size for building.
RESERVE STRIP
A parcel of land separating a street from adjacent properties.
REVERSE FRONTAGE LOT
A lot fronting on two streets with vehicular access from
only one of the streets.
RIGHT-OF-WAY
Land set aside for use as a street, alley, crosswalk, drainage
or other public purpose.
SEPTIC TANK
A closed, watertight tank designed for biochemical treatment
of sewage generally associated with an on-lot waste disposal system.
SEWAGE DISPOSAL
A.
ON LOTA structure or device for disposal of sewage on the same lot as a house generally consisting of a septic tank and tile field or seepage pit.
B.
COMMUNITYA sanitary sewage collection system serving more than one lot with common treatment facilities, generally serving a neighborhood area and complying with state regulations.
C.
PUBLIC A sanitary sewage collection and disposal system owned and operated by an authorized municipal body.
SIGHT TRIANGLE
Proper sight lines must be maintained at all intersections
of streets. Measured along the center line, there should be a clear
sight triangle of 75 feet from the point of intersection based on
the posed speed limit. No building or landscaping or present or future
obstruction will be permitted in this area.
SOIL PERCOLATION TEST
A field test as prescribed by the Pennsylvania Department
of Environmental Resources.
SOIL SURVEY
A report entitled "Soil Survey of Berks County, Pennsylvania,"
published September 1970 by the Soil Conservation Service, United
States Department of Agriculture, and which is available in the Township
or through the extension service agricultural agent, the Pennsylvania
State University.
SPECIMEN TREE
Any tree with a caliper that is 75% or more of the record
tree of the same species in the Commonwealth of Pennsylvania.
STREET
A right-of-way, including any ultimate right-of-way, whether publicly or privately owned, used or intended to be used primarily to accommodate vehicular travel, furnishing access to abutting properties which may also be used to provide space for sewers, public utilities and sidewalks. This term includes arterial, avenue, boulevard, court, expressway, highway, lane, road, thoroughfare, way and similar terms. This term excludes the term "driveway" as defined in this article. See §
107-32C for the definitions of the various classifications of streets.
STRUCTURE
A man-made object or assemblage of materials having a fixed
location on or in land or water, whether or not actually affixed to
any land. This term shall include buildings, signs, fences, walls,
towers, antennas, swimming pools, porches, garages and similar items.
The term "structure" shall be interpreted to include the phrase "or
part thereof."
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 devices, 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.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) of those improvements required as a condition
for final approval have been completed in accordance with the approved
plan, so that the project will be able to be used, occupied or operated
for its intended use.
TERMINAL VISTA
The visibility of external open space as perimeter greenbelt
land.
TOWNSHIP
The Township of Washington, Berks County, Pennsylvania.
TRIPLE MASS
A grouping of three or more trees, each at least 1 1/2
inches in caliper within an area of 100 square feet.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within a municipality.
WOODLAND
A stand of predominantly native vegetation covering at least
one acre, consisting of at least 50% cover of mature trees of varying
size.