[1]
This Part 8 attempts to clarify by DEFINITION terminology
used within and in relationship to this Subdivision and Land Development
Ordinance.
[Ord. 127, 8/20/1990, § 8.10; as amended by Ord.
312, 8/20/2012, § LXXIV]
(a)
Unless otherwise expressly stated, the following terms shall, for
the purpose of these regulations, have the meaning indicated.
(b)
Where the provisions of this Chapter impose greater restrictions
than those of any other statute, ordinance or regulation, the more
restrictive regulations shall be controlling. Terms not defined herein
shall have the meanings as prescribed by the Southwestern Berks County
Joint Zoning Ordinance, the Township Floodplain Ordinance[1] or the Township Code or pursuant to any other Township
ordinances or resolutions.
[Ord. 127, 8/20/1990, § 8.11]
Words in the singular include the plural and those in the plural
include the singular.
[Ord. 127, 8/20/1990, § 8.12]
Words used in the present tense include the future tense.
[Ord. 127, 8/20/1990, § 8.13]
Words "person", "subdivider" and "owner" include a corporation,
incorporated association and a partnership, or other legal entity,
as well as an individual.
[Ord. 127, 8/20/1990, § 8.14; Ord. 127, 8/20/1990,
§ 8.15]
[Ord. 127, 8/20/1990, § 8.16]
The words "should" and "may" are permissive; the words "shall"
and "will" are mandatory and directive.
[Ord. 127, 8/20/1990, §§ 820 through 890]
Other terms or words used herein shall be interpreted or defined
as follows:
See “service street.”
Any landowner, agent of such landowner, equitable owner,
or tenant with the permission of such landowner, who makes or causes
to be made an application for subdivision and/or land development
or who otherwise seeks relief before the Township under this Chapter.
[Added by Ord. 312, 8/20/2012, § LXXV]
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.
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.
The line within a property defining the minimum required
distance between any building and a street right-of-way. In the case
of a flag lot, the building setback line shall be established in the
wider portion of the lot intended for the construction of a building
and shall be established from the lot line toward which a building
will front.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance form the intersections
of the street center lines.
The Planning Commission of the Township of Lower Heidelberg.
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 is located.
The County of Berks, Commonwealth of Pennsylvania.
The Planning Commission of the County of Berks.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block, or across a block to another
street.
The Pennsylvania Department of Environmental Protection,
including any designee and/or successor agency thereof.
[Added by Ord. 312, 8/20/2012, § LXXV]
The provisions for development of a planned residential,
commercial, or industrial development, including a plat of subdivision,
all covenants related to 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 ordinance
shall mean the written graphic materials referred to in this definition.[1]
The lands required for the installation of sanitary or storm
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage.
A man-made area used to detain surface water and meter the
flow at an acceptable rate.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
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.
The application of the County Planning Commission's
appropriate stamp, the signature of the Chairman and one other member
of the Township Planning Commission, and the signatures of at least
a majority of the Township Supervisors to the plan.
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
A land area susceptible to being inundated by water from
any source.
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.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
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.
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Land developments are subject to all regulations and requirements
set forth in this Ordinance.
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The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building is
exempted from the definition of land development.
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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, shall be deemed
to be a landowner for the purpose of these regulations.
A recognized professional individual or firm affiliated with
registered engineers, architects, and/or surveyors capable of preparing
development plans.
A designated tract, parcel or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
The area contained within the property lines of a lot (as
shown on the plan) excluding space within all street rights-of-way.
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 width requirements
of the Township Zoning Ordinance.
A guarantee by the subdivider that he shall maintain all
improvements in good condition for a period of time after completion
of construction and installation of all such improvements.
A solid steel pin of at least 3/4 inch in diameter and at
least 36 inches in length.
A 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.
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.
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.
A stone or concrete monument with a flat top at least four inches
in diameter or square, containing a copper or brass dowel (1/4 inch
drill hole) and at least 36 inches in length. It is recommended that
the bottom sides or radius be at least two inches greater than the
top, to minimize movements caused by frost.
A solid steel pin at least 3/4 inch in diameter and at least
36 inches in length with the bottom encased in concrete to a minimum
depth of eight inches.
A building providing separate dwelling units for three or
more families.
Township of Lower Heidelberg.
Any person, firm, association or syndicate, copartnership
or corporation having a proprietary interest in any land sought to
be subdivided or developed pursuant to this Ordinance.
See "lot" above.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Township gives final
approval to the plan, including performance bonds, escrow agreements,
and any other collateral or surety agreements.
A complete and exact subdivision or land development plan
(including all required supplementary data), prepared for official
recording of a subdivision, to define property rights and proposed
streets and other improvements, prepared by a registered engineer
or registered surveyor.
That element of the Township Comprehensive Plan, now or hereafter
adopted, which shows the general location, alignment and dimensions,
and the identification and classification of existing and proposed
major streets, highways, and other thoroughfares.
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, for the area
of the Township in which the subdivision is located.
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 of a subdivision
prior to preparation of a final plan.
A copy of the final plan which contains the original endorsements
of the County Planning Commission, the Township Planning Commission,
and the Township Supervisors, which is intended to be recorded with
the County Recorder of Deeds, and is prepared by a registered engineer
or registered surveyor.
A plan indicating salient existing features of a tract and
its surroundings and the general layout of a proposed subdivision
or land development.
The Planning Commission of Lower Heidelberg Township.
A map or plan of a subdivision, whether preliminary or final.
Includes (1) parks, playgrounds and other public areas; and
(2) sites for publicly owned or operated buildings and facilities.
A parcel of ground in separate ownership separating a street
from other adjacent properties, or from another street, either proposed
or existing.
Any replatting of land including changes to recorded subdivision
or land development plans.
A lot extending between and having frontage on two generally
parallel streets (excluding service streets), with vehicular access
solely from one street.
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for other public or semipublic purposes.
Any structure designed to biochemically treat sanitary sewage
within the boundaries of an individual lot.
[Amended by Ord. 312, 8/20/2012, § LXXV]
A sanitary sewage system in which sewage is carried from
two or more individual lots by a system of pipes to one or more privately
owned and/or maintained common treatment and disposal facilities,
approved by the Township SEO and PADEP. Treatment and disposal may
occur either on site or off site.
[Amended by Ord. 312, 8/20/2012, § LXXV]
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a publicly operated treatment
plant and disposed of through means approved by PADEP.
[Amended by Ord. 312, 8/20/2012, § LXXV]
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 3.75 feet above the center line of the road surface to
a point 0.5 feet above the center line of the road surface.
A strip of land, including the entire right-of-way (i.e.,
not limited to the cartway) intended to be used by vehicular traffic
and 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 and pedestrians whether
public or private. Streets are further classified according to the
function they perform:
Minor Streets. A street used primarily to provide access to
abutting properties;
Cul-De-Sac Street. A minor street intersecting another street
at one end, and terminating in a vehicular turnaround at the other
end; The length of a cul-de-sac shall be measured from the intersection
of street right-of-way lines nearest the turn-around to the furthest
portion of the turnaround, along the center line of the cul-de-sac.
Half (Partial) Street. A 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.
Marginal Access Street. A minor street, parallel and adjacent
to a property line, having a lesser right-of-way width than normally
required for improvement and use of the street.
Collector Street. A street which, in addition to providing access
to abutting properties, intercepts minor streets to provide a route
to give access to community facilities and/or other collector and
major streets. (Streets in industrial and commercial subdivision shall
be considered collector streets);
Arterial Street. A street serving a large volume of comparatively
high-speed and long-distance traffic.
Service Street (Alley). A minor right-of-way providing secondary
vehicular access to the side or rear of two or more properties
Internal Street. A minor street used for circulation and access
within a development project involving multi-residence or commercial
or industrial uses.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
[2]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
Ordinance, 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.
All parcels of land designated for agricultural purposes
shall be shown to be feasible for agriculture, as defined in this
Ordinance, to the Township Planning Commission.
Board of Supervisors of Lower Heidelberg Township.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
Township of Lower Heidelberg, Berks County, Pennsylvania.
The Planning Commission of Lower Heidelberg Township.
The Board of Supervisors of Lower Heidelberg Township.
The professional consultant(s) engaged by the Township to
provide reviews, consultation and other services associated with sewage
use, treatment or enforcement.
[Added by Ord. 312, 8/20/2012, § LXXV]
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
A system for supplying and distributing water from a common
source to two or more dwellings and/or other buildings within a single
neighborhood.
A system for supplying and distributing water from a common
source to dwellings and other buildings, but generally not confined
to one neighborhood.
A water storage area in which a permanent water surface is
maintained.
[1]
Editor’s Note: The definition of “developer,”
which immediately followed this definition, was repealed 8/20/2012
by Ord. 312, § LXXV. See now the definition of “applicant.”
[2]
Editor’s Note: The definition of “subdivider,”
which immediately followed this definition, was repealed 8/20/2012
by Ord. 312, § LXXV. See now the definition of “applicant.”
