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Township of Bear Creek, PA
Luzerne County
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Words used in the present tense include the future. Words in the masculine gender include the feminine and the neuter. The singular includes the plural, and the plural the singular. The word "may" is permissive. When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise, or unless the context clearly indicates otherwise.
When terms, phrases, or words are not defined, they shall have the meaning as defined in The Latest Illustrated Book of Development Definitions (H. S. Moskowitz and C. G. Lindbloom, Rutgers, The State University of New Jersey, 2004) or if not defined therein, they shall have their ordinarily accepted meanings or such as the context may imply.
As used in this chapter, the following terms shall have the meanings indicated:
ABUT
Next to or adjacent to, and includes the words "directly across from streets, natural features, and rights-of-way."
ACRE
Forty three thousand five hundred sixty square feet.
ADJACENT
A state of being side by side, next to, adjoining, contiguous, or abutting one to another, and includes the words "directly across from streets, natural features, and rights-of-way."
ADMINISTRATOR
The person designated by the Board of Supervisors who is authorized to accept and receive subdivision and land development plans and applications for and on behalf of Bear Creek Township.
ALLEY
A public or private right-of-way affording secondary means of access to abutting property.
APPLICANT
A landowner or developer who has filed an application for a subdivision or land development, including his heirs, successors and assigns.
BASE FLOOD ELEVATION
The highest elevation, expressed in feet above mean sea level, of the flood waters of a one-hundred-year flood, as projected and delineated upon the most recent official Flood Insurance Rate Map published by the Federal Insurance Administration.
BLOCK
A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity to development.
BOARD OF SUPERVISORS
Bear Creek Township Board of Supervisors, Luzerne County, Pennsylvania.
BUILDING
Any structure built for the support, shelter, or enclosure of persons, animal, or property of any kind.
BUILDING SETBACK LINE
The minimum distance as required in Chapter 127, Zoning, between any building or structure, to the front, rear, or side property.
CARTWAY (ROADWAY)
The portion of a street right-of-way paved or unpaved intended for vehicular use, including the travelway and shoulders.
CATCH BASIN
An inlet designated to intercept and redirect surface stormwater.
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.
COMPREHENSIVE PLAN
The most recent Comprehensive Plan, and any amendments thereto, as adopted by the Bear Creek Township Board of Supervisors.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a development site designed and intended for the use and enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public or community facilities.
CONDOMINIUM
A building, or group of buildings, in which the units are owned individually, while the structure, common areas and facilities are owned by all owners on a proportional and individual basis.
CONSERVATION EASEMENT
A right or interest in land granted primarily for the preservation of the land in its undeveloped state but which may allow limited development (e.g., a residential structure) and other compatible uses such as agriculture and forestry.
CONSTRUCTION PLANS
The maps or drawings accompanying a subdivision or land development plan and showing the specific location and design of improvements to be installed in accordance with the requirements of this chapter and in accordance with any terms or conditions as set forth by the Board of Supervisors.
COUNTY
Luzerne County, Pennsylvania.
COUNTY PLANNING COMMISSION
The Luzerne County Planning Commission.
COVENANT
A restriction on the use of land usually set forth in the deed. A covenant usually runs with the land and the restrictions thereunder are binding upon subsequent owners.
CRITICAL AREA
An area with one or more of the following characteristics:
A. 
Slopes in excess of 20%;
B. 
Floodplain and/or wetlands;
C. 
Soils classified as having a high water table;
D. 
Soils classified as highly erodible, subject to erosion or highly acidic;
E. 
Land incapable of meeting percolation requirements.
CULVERT
A drain, ditch, or conduit not incorporated in a closed system that carries storm drainage water under a driveway, roadway, or railroad.
CUT
An excavation representing the difference between a point on the original ground and designated point of lower elevation on the final grade. Also, the material removed in excavation.
DEDICATION
The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Pennsylvania Department of Environmental Protection, its bureaus, divisions, departments and/or agencies, as may from time to time be established, or such department or departments as may in the future succeed it.
DETENTION POND
An area in which surface water runoff is temporarily stored pending its release at a controlled rate.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or caused to be made a subdivision of land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
DEVELOPMENT PLAN
The provisions for development included within an application for a subdivision and/or land development, including all covenants relating to use, location and bulk of buildings and other structure intensity of use or density of development, streets, ways and parking facilities, common open space, easements and public facilities. The phrase "development plan" shall mean the written and graphic materials referred to in this definition.
DISTRICT or ZONING DISTRICT
A portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DISTURBANCE
Any action which results in the cutting or removal of vegetation on any land, and/or which results in the turning, displacement, grading or removal of any soil.
DISTURBED AREA
Any area of land on which the vegetation has been cut or removed, or where the soil has been turned, displaced, graded or removed.
A. 
Surface water runoff;
B. 
The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
DRAINAGE EASEMENT
An easement required for the installation of stormwater sewers or drainage ditches, and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.
DRAINAGE FACILITY
Any ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended, or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public right-of-way, parks, recreational areas, or any part of any subdivision, land development, or contiguous land areas.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater 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.
DRIVEWAY
A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having a frontage on the road.
DWELLING
A building or portion thereof used exclusively for residential purposes, including one-family, two-family, and multiple-family dwellings, but not including hotels and boarding houses and dormitories.
DWELLING, MULTIFAMILY
A single building containing three or more individual dwelling units entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar.
DWELLING, SINGLE-FAMILY, ATTACHED (TOWNHOUSE)
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
DWELLING, SINGLE-FAMILY, DETACHED
A residential building containing not more than one dwelling unit.
DWELLING, TWO-FAMILY
A residential building containing two dwelling units, entirely separated from each other by vertical walls or horizontal floors, excluding possible common access to enter/exit the building or for access to a common cellar or basement.
DWELLING UNIT
One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom, toilet and sanitary facilities and facilities for cooking and sleeping for exclusive use by the family residing therein.
EARTH DISTURBANCE ACTIVITY
Any construction or other activity which disturbs the surface of the land, including but not limited to excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.
EASEMENT
A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
ENGINEER
A registered professional engineer licensed and registered as such by standards established by the Commonwealth of Pennsylvania.
ENGINEERING SPECIFICATIONS
The design criteria of the Bear Creek Township Subdivision and Land Development Ordinance regulating the installation of any improvement or facility. In the absence of such criteria, best practice methods as recommended by the Township Engineer shall apply.
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, quarried, uncovered, removed, displaced, relocated or bulldozed. It shall include the conditions resulting therefrom.
FILL
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. It shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade. The material used to make "fill."
FINAL APPROVAL
Last official action of the Board of Supervisors granting approval of a subdivision or land development which has been granted preliminary approval, after all conditions and requirements have been met, including, as applicable, the installation of all required improvements or the posting of an improvement bond to guarantee the installation of such.
FLOOD
A temporary condition of partial or complete inundation of normally dry land areas occurring from the overflow of inland waters and/or the unusual and rapid accumulation of runoff and surface waters from any source.
FLOOD FRINGE
The portion of a one-hundred-year floodplain outside of the floodway, as delineated upon the most recent Flood Hazard Boundary Maps as published by the Federal Insurance Administration.
FLOOD HAZARD BOUNDARY MAP
The most recent map, as published by the Federal Insurance Administration, which delineates the boundaries of the floodway and flood fringe of a one-hundred-year floodplain.
FLOOD INSURANCE RATE MAPS
The most recent map, as published by the Federal Insurance Administration, which delineates areas of special flood hazards, base flood elevations and applicable risk premium zones of a one-hundred-year floodplain.
FLOODPLAIN (ONE-HUNDRED-YEAR FLOODPLAIN)
Areas of land which are subject to inundation by waters of a one-hundred-year flood. The source of delineating the boundaries of a one-hundred-year floodplain shall be based upon the most recent maps of the Flood Insurance Administration.
FLOODPROOFING
A combination of structural provisions, changes or adjustments to properties and structures subject to flooding for the reduction or elimination of flood damage to properties, water and sanitary facilities and other utilities, structures and the contents of buildings.
FLOODWAY
The portion of a one-hundred-year Floodplain, as delineated upon the most recent Flood Hazard Boundary Maps as published by the Federal Insurance Administration, which is designated to carry and discharge water and flow of a one-hundred-year flood without increasing the water surface elevation by more than one foot at any given point.
GOVERNING BODY
The Bear Creek Township Board of Supervisors.
GRADE
The slope of a road, street or other public or private way, specified in percentage terms.
GRADING
Any stripping, gutting, filling, stockpiling of earth or land, including the land in its cut or filled condition.
GRADING AND DRAINAGE PLAN
A plan showing all existing ground features and proposed, including existing and proposed surface and subsurface drainage facilities, described by grades, contours and topography.
HIGHWAY OCCUPANCY PERMIT
A permit, issued by Bear Creek Township, the Pennsylvania Department of Transportation and/or the Luzerne County Road and Bridge Department, which authorizes access from a parcel of land onto a street or highway which is under its jurisdiction.
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.
IMPACT ANALYSIS
A study, which may be required by the Board of Supervisors prior to approval of a subdivision or land development to determine the potential impact of a proposed development on activities, utilities, traffic generation and circulation, surrounding land uses, community facilities, environmental features, critical areas, the health, safety and welfare of residents and other factors directly, indirectly or potentially affected. The landowner and/or applicant shall be responsible for all costs related to the any and all reports and/or studies required by the Board of Supervisors under or within the context of the term "IMPACT ANALYSIS." The landowner and/or applicant shall also be responsible to fully reimburse the Township for any engineering and/or other consulting fees which are incurred for the review of any required studies or reports.
IMPROVEMENT BOND
Financial security which may be accepted by the Township in lieu of a requirement that certain improvements be completed by a developer before a plat is approved; including a letter of irrevocable credit, a cash deposit, an escrow agreement or other similar collateral or surety agreements as approved by the Board of Supervisors upon the advice of their solicitor.
IMPROVEMENTS
Man-made physical additions, alterations and/or changes which becomes part of, placed upon, or is affixed to real estate.
INTERIOR WALK
A right-of-way or easement for pedestrian use, extended from a street into a block or across a block to another street.
LAND DEVELOPMENT
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.
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.
C. 
A subdivision of land.
D. 
The conversion of an existing single-family detached dwelling or single family semidetached dwelling into more than three residential units. Any conversion described above that is intended to be a condominium shall be exempt from classification as a land development.
E. 
Any nonresidential use of land, with or without structures, which encompasses five or more acres of land, excluding agricultural use of land.
F. 
The development of a mobile home park or the expansion of an existing mobile home park within the context of the definition of said term as contained within this chapter.
LAND DEVELOPMENT, MAJOR
A land development which does not qualify or classify as a minor land development.
LAND DEVELOPMENT, MINOR
A development of a parcel of land which contains not more than two detached single-family residential structures, whether developed initially or cumulatively.
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 to exercise the rights of the landowner, or other persons having a proprietary interest in land, shall be deemed to be a landowner for the purpose of this chapter.
LANDLOCKED PARCEL
A parcel of land that has no legal instrument which provides and guarantees a permanent legal means of access to a public right-of-way of a street or road.
LAND SURVEYOR
A person who is licensed and registered by the Commonwealth of Pennsylvania, which qualifies said person to perform accurate field measurements including the description and definition of land boundaries.
LOT
A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.
LOT AREA
The total area within the lot lines of a lot, excluding any street rights-of-way.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135°.
LOT COVERAGE
That portion of the lot that is covered by buildings and structures.
LOT DEPTH
The distance measured from the front lot line to the rear lot line.
LOT, DOUBLE FRONTAGE
A lot extending between and having frontage on two streets with vehicular access limited to one street. If the streets are of different classification, vehicular access is limited to the street of the lesser classification.
LOT, FLAG
A lot with access to the bulk of the lot provided by a narrow corridor from the adjoining public road.
LOT FRONTAGE
The length of the front lot line measured at the street right-of-way line.
LOT INTERIOR
A lot other than a corner lot.
LOT LINE
A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
LOT LINE ADJUSTMENT
A minor subdivision involving the revision or deletion of one or more lot lines in such a way that all of the following are true:
A. 
No new lots will be created beyond what was previously approved.
B. 
No additional street segments or significant changes in alignment are proposed other than what was previously approved.
C. 
No additional nonconformities will be created under Chapter 127, Zoning.
D. 
No new land development will occur other than a land development that was previously approved.
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT, MINIMUM AREA OF
The smallest lot area established by Chapter 127, Zoning, on which a use or structure may be located in a particular zoning district.
LOT OF RECORD
A lot described in a deed or shown on a plan of lots which has been recorded in the office of the Recorder of Deed of Luzerne County, Pennsylvania.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on an arterial street and a local access street and with vehicular access solely from the latter.
LOT, THROUGH
A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
LOT WIDTH
The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated or as may be specified in this chapter. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. In the case of flag lots, the width measurement shall not include the access corridor but shall be made on the main portion of the lot.
MAINTENANCE GUARANTEE
A financial security which may be required by the Board of Supervisors in an amount sufficient to cover the costs of any public improvements required in the approval of a subdivision and/or land development plan.
MARKER
A wood or metal stake placed to designate the boundary and corners of lots in the subdivision of land for the purpose of reference in land and property survey and to facilitate the sale of lots.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, and contained in one unit, or two units designed to be joined into one integral unit, 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 with or without a permanent foundation when connected to required utilities.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connection and other appurtenances necessary for the erection thereon of a single mobile home, which is leased or rented by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK
A site with required improvements and utilities for the long-term placement of mobile homes which may include services and facilities for the residents.
MONUMENT
A concrete, stone or other permanent object placed to designate boundary lines, corners of property and rights-of-way of streets and utilities for the purpose of reference in land and property survey.
MULTIPHASE DEVELOPMENT
A development project that is proposed to be constructed in stages at the time of preliminary approval, with each stage being capable of existing independently of the others.
MUNICIPALITY
Bear Creek Township, Luzerne County, Pennsylvania.
NATURAL DRAINAGE FLOW
The pattern of surface and stormwater drainage from a particular site before the construction or installation of improvements or prior to any regrading.
NONCONFORMING LOT
A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of Chapter 127, Zoning, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NONCONFORMING STRUCTURE OR BUILDING
A structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to Chapter 127, Zoning, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of Chapter 127, Zoning, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
OFFICIAL MAP
The Municipal Map adopted by ordinance conclusively showing the location of the lines of existing and proposed public streets, watercourses, and public grounds including the widening, narrowing, extension, diminution, opening or closing of the same, for the entire Township.
OFFICIAL SOIL MAP
Soil survey maps of Luzerne County as provided by the Luzerne County Conservation District.
OFFICIAL SOILS INTERPRETATION
The written description of soil types and their characteristics and accompanying maps based upon soil survey maps of Luzerne County as provided by the Luzerne County Conservation District.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years and has a one-percent chance of occurring each year.
ONE-HUNDRED-YEAR FLOODPLAIN
The areas within the Township that have a one-percent chance of being flooded in any given year based upon the most recent data and maps as provided by the Federal Insurance Administration.
OPEN SPACE
That part of a particular development tract set aside for the protection of sensitive natural features, farmland, scenic views and other primary and secondary conservation areas identified by this chapter and Chapter 127, Zoning. Open space may be accessible to the residents of the development and/or the Township, or it may contain areas of farmland, forest land or conservancy lots which are not accessible to project residents or the public.
OPEN SPACE, COMMON
Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include complementary structures and improvements which are deemed appropriate to the development.
OWNER OF RECORD
The person(s) or entity to whom any applicable property tax is assessed and/or is indicated to be a tax-exempt property as shown on the latest assessment records of Luzerne County.
ORDINANCE
The Bear Creek Township Subdivision and Land Development Ordinance, and any amendments thereto.
PA DEP
The Pennsylvania Department of Environmental Protection.
PA DOT
The Pennsylvania Department of Transportation.
PERFORMANCE GUARANTEE
A written instrument which may be accepted by the Board of Supervisors in lieu of a requirement that certain improvements be made by a developer before the final plan is granted final approval and released for recording, which shall provide for the deposit with the Township of financial security in an amount sufficient to cover the costs of any improvements or common amenities including, but not limited to, roads, sanitary sewage facilities, water supply and distribution facilities, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements and buffer or screen planting which may be required.
PERSON
An individual, partnership, organization association, trust, or corporation. When used in a provision, "person" shall include the members of such partnership, the trustees of such trust, and the officers of such organization association or corporation.
PLAN or PLAT
A map or drawing indicating the subdivision or resubdivision of land or a land development which in its various stages of preparation includes the following:
A. 
An informal plan, identified as such with the title "Sketch Plan" on the map, indicating salient existing features of a tract and its surroundings and the general layout of the proposal to be used as a basis for consideration by the Township.
B. 
A complete plan identified as such with the wording "Preliminary Plan" in the title accurately showing proposed streets and lot layout and such other information as required by this chapter, such plan having been prepared by a qualified professional (see definition of "qualified professional").
C. 
A complete and exact plan identified as such with the wording "Final Plan" in the title, with a qualified professional's seal (see definition of "qualified professional") affixed and prepared for official recording as required by this chapter to define property rights, proposed streets and other improvements.
D. 
The copy of the final plan which contains the original endorsements of the Township and which is intended to be recorded with the County Recorder of Deeds.
PLANNING COMMISSION
The Planning Commission of Bear Creek Township.
PROFESSIONAL CONSULTANT(S)
A person or persons who provide expert or professional advice, including but not limited to architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.
PUBLIC GROUNDS
Includes:
A. 
Parks, playgrounds, trails, paths and other recreational areas and other public areas.
B. 
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
C. 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board of Supervisors, intended to inform and obtain public comment, prior to taking action on a particular subject.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No 84), known as the "Sunshine Act," 65 P.S. § 271 et seq.
PUBLIC NOTICE
A notice published once each week for two successive weeks in a newspaper of general circulation in Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
QUALIFIED PROFESSIONAL
An individual authorized to prepare plans pursuant to § 503(1) of the MPC[1] which states that plats and surveys shall be prepared in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Land Surveyor and Geologist Registration Law,"[2] except that this requirement shall not preclude the preparation of a plat in accordance with the act of January 24, 1966 (P.L. 1527, No. 535), known as the "Landscape Architects Registration Law,"[3] when it is appropriate to prepare the plat using professional services set forth in the definition of the "practice of landscape architecture" under Section 2 of that Act.[4]
REGULATORY FLOOD ELEVATION
The one-hundred-year-flood elevation plus a freeboard safety factor of 1 1/2 feet.
RESERVE STRIP
A narrow parcel of ground having inadequate area for building purposes separating a street or a proposed street from other adjacent properties.
RESUBDIVISION
A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved therein for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RETAINING WALL
A structure constructed to hold back or support an earthen bank.
RIGHT-OF-WAY
A defined and designated area for vehicular or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, or alley, and including both cartway and shoulders.
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 the surface of the land.
SANITARY SEWER
Pipes that carry only domestic or commercial sewage and into which storm, surface and ground waters are not intentionally admitted.
SEDIMENTATION
The depositing of earth or soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEPTIC SYSTEM
An underground system with a septic tank used for the decomposition of domestic wastes, in which bacteria in the wastes decompose the organic matter, and the sludge settles to the bottom. The effluent flows through drains into the ground. Sludge is pumped out at regular intervals.
SEPTIC TANK
A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof, and is designed and constructed so as to permit settling of solids from this liquid, digestion of the organic matter, and discharge of the liquid portion into a disposal area.
A. 
A publicly or privately owned and operated utility system or other system designed to collect, centrally treat (with a sewage treatment plant or similar process) and dispose of sewage from users in compliance with regulations of the appropriate state agency and of the Township.
B. 
A publicly or privately owned and operated utility system or other system designed for the collection of sewage from two or more lots and for the treatment and disposal of the sewage on one or more lots, or at any other site, by on-site subsurface (into the soil) disposal systems and techniques in compliance with regulations of the appropriate state agency and of the Township.
C. 
A utility system or other system designed to collect and to biochemically treat sewage into the soil within the boundaries of an individual lot.
SEWAGE TREATMENT PLANT
A sanitary sewage collection and treatment system meeting the requirements of the Pennsylvania Department of Environmental Protection in which sewage is carried from individual lots or dwelling units by a system of pipes to a central treatment and disposal facility or system which may be publicly or privately owned and operated, and which uses mechanical, biological and chemical processes to treat and dispose of domestic sewage in accord with PA DEP Rules and Regulations involving an effluent discharge to surface waters.
SITE
A plot or parcel of land or combination of contiguous lots or parcels of land.
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.
SHOULDER
The improved portion of a street immediately adjoining the travelway.
SLOPE
The face of an embankment of 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.
SOIL EROSION AND SEDIMENTATION CONTROL PLAN
A plan that indicates necessary land treatment measures, as approved by the Luzerne County Conversation District, designed to effectively minimize soil erosion and sedimentation.
SOIL PERCOLATION TEST
A field test conducted to determine the absorption capacity of soil to a specified depth in a given location for the purpose of determining suitability of soil for on-site sewage disposal.
STORM SEWER
A pipe that collects and transports rainwater, surface water, and other liquid waste, exclusive of sewage.
STREET
A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, parkway, drive, lane, boulevard, highway, road and alley.
A. 
Arterials are designed primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. They are also designed for medium to heavy volumes at moderately high speeds with very restricted vehicular access to abutting properties.
B. 
Collector streets are designed to carry a moderate volume of traffic between local streets and arterials, and provide only limited vehicular access to the abutting properties.
C. 
Local streets provide direct access to abutting properties and provide routes to collector streets.
D. 
A local street that has its only ingress and egress at two points along the same collector street of its origin.
E. 
A type of local street parallel and adjacent to an arterial or collector streets that provides access to abutting properties.
F. 
A local street with a single common ingress and egress and with a turnaround located at its end.
STREET, PRIVATE
Any road or street that is not publicly owned and maintained and used for access by the occupants of the development.
SUBDIVISION
The division or redividing 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.
A. 
Any subdivision which does not qualify or classify as a minor subdivision.
B. 
(1) 
A subdivision of a parcel of land into not more than three lots, which has a legal means of access to an existing public street or road and does not require any expenditures for the extension of any street or the extension or creation of any public improvements, does not adversely affect the remainder of the parcel or adjoining property and does not conflict with the Comprehensive Plan.
(2) 
Any further subdivision of a lot of record which resulted from a minor subdivision shall be classified as a major subdivision, if the application for the further subdivision is filed within five years from date when it was approved under a minor subdivision classification. The five-year period shall commence from the date on which the plan were duly recorded in the Luzerne County Recorder of Deeds Office. Information stating the above requirement shall be included upon all deeds for lots created under a minor subdivision.
C. 
Also see "lot line adjustment."
SUBSTANTIALLY COMPLETED
The point at which, in the judgment of the municipal engineer, at least 90% 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.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
STRUCTURE
Any man-made object having an ascertainable stationary located on or in land or water, whether or not affixed to the land.
SWALE
A low-lying stretch of land characterized as a depression used to carry surface water runoff.
TOP SOIL
Surface soils and subsurface soils which normally are fertile soils and soil material, ordinarily rich in organic matter of humus debris. "Topsoil" is usually found in the uppermost soil layer called the "A-horizon."
TOWNSHIP
Bear Creek Township, Luzerne County, Pennsylvania.
TRAVELWAY
The portion of the cartway used for normal movement of vehicles.
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded or in any other manner prepared for the construction of a building or other improvement.
WATERCOURSE
A permanent or intermittent stream, river, brook, creek, or channel or ditch for collection and conveyance of water, whether natural or man-made.
WATER TABLE
The upper surface of groundwater, or that level below which the soil is seasonally saturated with water.
WETLANDS
Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. Said areas shall also meet the most current applicable state and federal regulated by the PA DEP and the U.S. Army Corps of Engineers.
YARD
An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in Chapter 127, Zoning.
A. 
A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
B. 
A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
C. 
A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building.
ZONING OFFICER
An administrative officer authorized to administer the literal terms and provisions of Chapter 127, Zoning.
ZONING ORDINANCE
The governing Zoning Ordinance of Bear Creek Township and any amendments thereto.[5]
ZONING PERMIT
A permit issued indicating that a proposed use, building or structure is in accordance with Chapter 127, Zoning, which authorizes an applicant to proceed with said use, building.
[1]
Editor's Note: See 53 P.S. § 10503(1).
[2]
Editor's Note: See 63 P.S. § 148 et seq.
[3]
Editor's Note: See 63 P.S. § 901 et seq.
[4]
Editor's Note: See 63 P.S. § 902.
[5]
Editor's Note: See Ch. 127, Zoning.