Unless a contrary intention clearly appears, the following words
and phrases shall have for the purpose of this chapter the meanings
given in the following clauses.
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A. Words used in the present tense include the future.
B. The singular includes the plural.
C. The plural includes the singular.
D. The word "person" includes a corporation, unincorporated association
or a partnership, as well as the individual.
E. The word "lot" includes the word "plot" or "parcel."
F. The term "shall" is always mandatory.
G. The word "building" includes the word "structure" and shall be construed
as if followed by the phrase "or part thereof."
H. The word "Commission" and the words "Planning Commission" always
mean the Bethel Township Planning Commission.
I. The word "street" means a way for vehicular traffic, whether designated
as a court, boulevard, avenue, expressway, highway, lane and road,
or however otherwise designated.
J. The word "Board" and the words "Board of Township Supervisors" shall
always mean the Board of Township Supervisors of Bethel Township.
K. The word "watercourse" includes channel, creek, ditch, drain, dry
run, spring and stream.
L. The words "County Planning Commission" shall always mean the Planning
Commission of the County of Delaware.
As used in this chapter, the following terms shall have the
meanings indicated:
ALLEY
A minor way which is used primarily for vehicular service
access to the back and the side of two or more properties otherwise
abutting on a street.
BLOCK
An area bounded by streets.
BUILDING
Any structure which is built for the support, shelter or
enclosure of persons, animals, chattels or property of any kind.
[Added 7-11-2023 by Ord. No. 239]
BUILDING SETBACK LINE
The line parallel to the street line at a distance therefrom
equal to the depth of the minimum required front yard.
DEVELOPER
Any landowner, equitable owner, authorized agent of such
landowner or tenant with permission of such landowner, who makes or
causes to be made a subdivision of land or a land development or applies
to the Township to do so.
[Added 7-11-2023 by Ord. No. 239]
DIAMETER AT BREAST HEIGHTS (DBH)
The diameter of a tree trunk measured 4.5 feet above the
natural grade at the base of trunk of a tree.
[Added 7-11-2023 by Ord. No. 239]
LAND DEVELOPMENT
Any of the following activities:
[Added 7-11-2023 by Ord. No. 239]
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 buildings, whether proposed
initially or cumulatively, or a single nonresidential structure 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.
C.
Development in accordance with 53 P.S. § 10503(1.1).
LANDOWNER
The record holder of legal title to land, the rightful 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
expressly under the lease to exercise the rights of the owner, or
other person having a proprietary interest of the land which is the
subject of an application for subdivision and/or land development.
[Added 7-11-2023 by Ord. No. 239]
LOT
A parcel of land used or set aside and available for use
as the site of one or more buildings and building accessory thereto
or for any other purpose, in one ownership and not divided by a street,
nor including any land within the limits of a public or private way
upon which said lot abuts, even if the fee to such way is in the owner
of the lot.
NOTABLE TREE
Any tree having a diameter of 24 inches DBH or greater, which
are located outside of a tree mass.
[Added 7-11-2023 by Ord. No. 239]
PLAT, FINAL
A complete and exact subdivision plan, prepared for official
recording as required by statute, to define property rights, proposed
streets, rights-of-way, easements and physical improvements on and
in the land.
PLAT, PRELIMINARY
A tentative subdivision plan, showing the approximate location
and size of proposed streets, lots and improvements as a basis for
consideration by the Board of Township Supervisors and others prior
to preparation of a final plat.
RIGHT-OF-WAY LINE
The dividing line between a street or road and a lot. The
right-of-way line is the same as the street line and shall be not
less than 25 feet from the center line of any road or street.
STREET
A public or private open way used or intended to be used
for passage or travel by vehicular traffic. If private, such way must
be used or intended to be used as the principal means of access to
an abutting lot or lots or to more than two dwellings on a lot on
which a private way is exclusively located. Streets are further classified
as herein provided below.
A.
(1)
EXPRESSWAYDesigned for large volumes and high-speed traffic with access limited to grade-separated intersections.
(2)
ARTERIAL ROADDesigned for large volumes and high-speed traffic with access to abutting properties restricted.
(3)
COLLECTOR ROADDesigned to carry a moderate volume of fast-moving traffic from rural and secondary streets to arterial streets, with access to abutting properties restricted.
B.
(1)
RURAL-RESIDENTIAL STREETDesigned to carry a moderate volume of traffic, to intercept secondary-residential streets, to provide routes to collector streets and to community facilities, and to provide access to the abutting properties.
(2)
SECONDARY-RESIDENTIAL STREETDesigned to provide access to the abutting properties, a route to rural and collector streets, protection from through traffic; or designed as a secondary street which is parallel to and adjacent to an expressway or arterial herein defined.
(3)
SECONDARY-RESIDENTIAL MINIMUM LOTAll streets providing access to properties in a development, which development has a width at the building line of less than 65 feet.
[Added 6-9-1987 by Ord. No. 98-A]
STRUCTURE
Any man-made object or improvement having an ascertainable
stationary location on land or in the water, whether or not affixed
to the land.
[Added 7-11-2023 by Ord. No. 239]
SUBDIVIDER
A person who is the owner, or authorized agent of the owner,
of land to be subdivided.
SUBDIVISION
A.
The division of a single lot, tract or parcel of land or part
thereof into two or more lots, tracts or parcels of land, including
changes in street lines or lot lines for the purpose whether immediate
or future of transfer of ownership or of building development, or,
if a new street is involved, any division of a parcel of land; provided
that a division of land for agricultural purposes into lots, tracts
or parcels of 10 acres or more and not involving a new street shall
not be deemed a subdivision.
B.
Also, any development of a parcel of land that involves the
installation of streets, driveways or alleys (for example, a shopping
center, industrial park or apartment project), even though such vehicle
accessways may not be dedicated to the Township, or the lot, tract
or parcel may not be divided for the purpose of conveyance, transfer
or sale.
C.
Includes resubdivision and, when appropriate to the context,
shall relate to the process of subdividing or to the land subdivided.
TREE MASS
Naturally occurring vegetation characterized by trees whose
crowns meet to form a 70% to 100% closed canopy. Tree masses shall
be at least 1/2 acre in area and contain trees at least 20 feet tall
or 12 inches DBH, although not all trees need to be that size. Tree
masses smaller than 1/2 acre on a tract or lot shall also be considered
tree masses if they are part of a larger continuous tree mass that
extends onto other tracts or lots.
[Added 7-11-2023 by Ord. No. 239]
WATERCOURSE
A stream with year-round or substantially year-round flow,
such as a creek, run or other body of running water.
[Added 7-11-2023 by Ord. No. 239]
WETLAND
An area with hydric soils that are inundated or saturated
by surface and/or ground water, which support hydrophytic vegetation,
such as swamps, bogs, marshes and the like, such areas being regulated
by the United States Army Corps of Engineers and/or the Pennsylvania
Department of Environmental Protection.
[Added 7-11-2023 by Ord. No. 239]
YARD, FRONT
An open space extending across the full width of the lot
and lying between the street line at the nearest point of the building.