Terms defined:
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
AGRICULTURAL PURPOSE
The use of a tract at least 10 acres in size for the purpose
of active cultivation or animal raising as a means of obtaining income
and as defined in the Pennsylvania Municipalities Planning Code (Act
No. 247, 53 P.S. § 10101 et seq.) as amended.
ALLEY
A minor right-of-way privately or publicly owned, primarily
for service access to the rear or side of properties.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
or assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary 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.
BLOCK
An area bounded by streets, alleys, public parks, railroad
rights-of-way, watercourses or bodies of water, boundary lines of
the Township or any combination of the above.
BUILDING SETBACK LINE
A line, parallel to the street right-of-way line for front
yards, and parallel to the lot lines for side and rear yards, designating
the minimum distance from the right-of-way and/or lot lines that a
building may be erected under the various land requirements of this
chapter.
CARTWAY
The surface of an improved street or road available for vehicular
traffic.
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.
COUNTY
The County of Adams, Commonwealth of Pennsylvania.
CROSSWALK
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.
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 or resubdivision.
DWELLING
A building or a portion thereof designed for and used exclusively
for residential occupancy.
(1)
DWELLING UNITAn independent housekeeping unit consisting of living quarters of one or more rooms arranged for use by one or more individuals with cooking, living, sleeping and sanitary facilities.
(3)
CONVERSION UNITExisting residential structure which has been modified structurally in such a way as to convert it from one dwelling unit to multiple dwelling units.
(4)
SEMI-DETACHED UNITA residential structure containing two single dwelling units having one common wall.
(5)
ATTACHED, ROW, OR TOWNHOUSE UNITA residential structure containing three or more dwelling units which are separated from each other by two common walls, except for the end units.
(7)
CONDOMINIUMSA given set of dwelling units each of which is owned by an individual person or persons in fee simple, and which is assigned a proportionate interest in all common elements, as set forth in the Uniform Condominium Act, of July 2, 1980, P.L. 286, No. 82, § 1, as amended and supplemented.
EASEMENT
A right-of-way granted for the limited use of land for private,
public or quasi-public purposes.
ENGINEER TOWNSHIP
A registered professional engineer in Pennsylvania designated
by the Township to perform the duties of engineer as herein specified.
ENGINEERING SPECIFICATION
The engineering specifications of the municipality regulating
the installation of any required improvements or for any facility
installed by any owner, subject to public use.
EROSION
The removal of surface materials by the action of natural
elements.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, carried, uncovered, removed, displaced,
relocated or bulldozed. Excavation may also mean the earth, sand,
gravel, rock or any other similar material uncovered, removed, etc.
FILL
(1)
Any act by which earth, sand, gravel, rock or any other material
is 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 and shall include the conditions resulting therefrom;
(2)
The difference in elevation between a point on the original
ground and a designated point of higher elevation of the final grade;
(3)
The material used to make fill.
FLOOD
A temporary inundation of normally dry land areas.
(1)
FLOODPLAIN or FLOOD-PRONE AREAA relatively flat or low land area adjoining a stream, river or watercourse, which is subject to partial or complete inundation; and/or any area subject to partial or complete inundation; or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
(2)
FLOODWAYThe designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
(3)
ONE-HUNDRED-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years (i.e., that has 1% chance of occurring each year, although the flood may occur in any year).
GOVERNING BODY
The Board of Supervisors of the Township of Germany, Adams
County, Pennsylvania.
IMPROVEMENTS
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots, including, but
not limited to, buildings, structures, roads, streets, pavements,
curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers,
grading, stormwater retention and detention basins, open space buffer
or screen plantings, street signs, water supply facilities, and sewage
disposal facilities.
LAND DEVELOPMENT
Any of the following activities:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 structures.
(3)
Land development does not include:
(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 a condominium; or
(b)
The addition of a nonfarm accessory building less than 2,000
square feet and less than 50% of the principal building square footage;
or
(c)
The addition of a farm accessory building of less than 5,000
square feet; or
(d)
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
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 conditions), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in the 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, excluding
space within any street right-of-way or driveway easement providing
access to an adjoining property, or officially designated floodplain
located on the lot.
LOT LINE ADJUSTMENT
The revision or deletion of one or more lot lines in such
a way that all of the following are true:
(1)
No new lots will be created beyond what was previously approved.
(2)
No additional street segments or significant changes in alignment
are proposed other than what was previously approved.
(3)
No additional nonconformities will be created under the zoning
ordinance currently applied in Germany Township.
(4)
No new land development will occur other than a land development
that was previously approved or buildings to support farming.
PLAN, FINAL
A complete and exact subdivision or land development plan
prepared for official recording as required by statute.
PLAN, PRELIMINARY
A subdivision or land development plan, in lesser detail
than the final plan, indicating the proposed layouts of a subdivision
as a basis for consideration prior to preparation of the final plan.
PLAN, SKETCH
An informal plan, not necessarily to exact scale, indicating
existing features of a tract, its surroundings, and the general layout
of a proposed subdivision or land development.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PUBLIC GROUNDS
Parks, playgrounds, trails, paths, and other public and recreational
areas and sites for schools, sewage treatment, refuse disposal and
other publicly owned or operated facilities, and publicly owned or
operated scenic and historic sites.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time, place, and date of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or less than seven days prior to the
date of the hearing.
RESUBDIVISION
Any replatting or resubdivision of land limited to change
in lot lines on an approved final plan or recorded plan.
REVERSE FRONTAGE LOT
A lot extending between, and having frontage on, an arterial
street and a minor street, and with vehicular access solely from the
latter.
RIGHT-OF-WAY, STREET
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designed as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, land, alley, or however designated.
RUNOFF
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off of the surface of the land.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
SIGHT DISTANCE
The 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.
SLOPE
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
STREET
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
STREET RIGHT-OF-WAY LINE
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots.
STREETS
(1)
ARTERIAL STREETA major street or highway with fast or heavy traffic volumes of considerable continuity, and used primarily as a traffic artery for intercommunications among large areas.
(2)
COLLECTOR STREETA major street or highway which carries traffic from minor streets to arterial streets, including the principal entrance streets of residential development and streets for circulation within such a development.
(4)
CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including,
but not limited to, buildings, factories, sheds, cabins, mobile homes,
and other similar items.
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, 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 residential
dwellings, shall be exempted (as amended 1982, P.L. 628, No. 177).
(2)
SUBDIVISION, MINORA lot addition, a subdivision and/or a land development of a single lot existing on the date of adoption of this chapter into three or fewer lots or dwelling units for the exclusive purpose of residential or agricultural use, provided such lots or units of land thereby created shall have frontage on an existing improved public street or private street constructed to Township specifications, and provided further there are not created by the subdivision or land development any new streets.
SURFACE DRAINAGE PLAN
A plan showing all present and proposed grades and facilities
for stormwater drainage.
TOPSOIL
Surface soils and subsurface soils which presumably are fertile
soils and soil material ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A" horizon.
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded
or in any other manner improved or prepared for subdivision or land
development or the construction of a building.
WATERCOURSE
A stream of water, river, brook, creek, or a channel of a
perceptible extent, with definite periodically flowing water.