For the
purposes of this chapter, the following words, terms and phrases have
the meaning indicated herein:
AASHTO
American Association of State Highway Transportation Officials.
APPLICANT
The owner or authorized agent of the owner of a tract of
land to be subdivided or developed, including his heirs, successors
or assigns.
APPLICATION FORM
The official form available from the Township Secretary to
accompany each subdivision and/or land development submitted for review.
BERM
A mound of earth which serves purposes such as directing
the flow of surface water runoff, preventing soil erosion or supporting
planted materials to aid in screening.
BLOCK
An area bounded by streets or a combination of streets, waterways, and Township boundaries in accordance with §
22-603 herein.
BOARD
The Board of Supervisors of Franklin Township.
BUFFER
An area which provides a year-round visual and/or sound attenuation
between uses, through the application of such means as plantings,
earthen berms, depressions, fences, and walls.
BULK WATER PROVIDER
An entity that provides treated potable water to a final
purveyor for distribution to residential, commercial, industrial,
or municipal customers in the Township. A bulk water provider may
also be a final purveyor.
CALIPER
The diameter of the main trunk of a tree. Caliper measurement
shall be taken at a point on the trunk six inches above the natural
ground line. If the result of this measurement is greater than four
inches, then take caliper measurement at 12 inches above the natural
ground line.
CARTWAY
The portion of a street intended for vehicular use including
travel lanes, but not including shoulders, curbs, and drainage swales.
CENTRAL WATER SUPPLY
A system for supplying potable water from a common groundwater
source or sources to multiple users. A central water supply system
must either be a public water supply system or a community water supply
system.
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 street center lines.
COMMUNITY WATER SUPPLY SYSTEM
A system supplying potable water which: (1) is owned and/or
operated by the Township, a municipal authority organized by the Township
or authorized by the Township to conduct business in the Township,
a certificated public utility, or a bona fide association of lot or
building owners; (2) serves only one community, residential subdivision,
or commercial or industrial development; and (3) is not interconnected
with other water supply systems.
CUL-DE-SAC
A local street having access to and from another street at
one end and terminated at the other by a vehicular turnaround.
DBH
See "diameter at breast height."
DEVELOPER
Any legal or equitable landowner, agent of such landowner,
or tenant with written authorization of such landowner who makes or
causes to be made a subdivision or land development.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree trunk, measured at 4.5 feet from the
ground surface at the point of the highest elevation in contact with
the base of the trunk of such tree.
DOUBLE-FRONTAGE LOT
A lot having frontage on two streets which are relatively
parallel to one another.
DRIVEWAY
An individual or shared portion of a lot which provides a
well-defined access for vehicles to a parking space, dwelling or other
structure on no more than two lots.
EASEMENT
A right-of-way granted for limited use of private land for
a public or quasi-public purpose.
ENVIRONMENTAL IMPACT ASSESSMENT AND MITIGATION
An assessment and mitigation report in accordance with §
22-613, which objectively describes, analyzes and documents both the beneficial and adverse impacts of a proposed subdivision and/or land development, and the measures to be undertaken to mitigate adverse impacts.
[Amended by A.O.]
FINAL PURVEYOR
The private entity, Township authority, or public utility
that provides potable water to residential, commercial, industrial,
or municipal customers in the Township through pipes and conduits
located in whole or part within the Township and charges the customers
for such service. A final purveyor includes "terminal" purveyors who
purchase water by bulk and distribute it into and through the Township.
A final purveyor may also be a bulk water provider.
FUNCTIONAL HIGHWAY CLASSIFICATION
The categorization of streets and highways in Franklin Township
according to a hierarchy of service characteristics established in
the Franklin Township Comprehensive Plan.
GRADE, EXISTING
The elevation, relative to a given datum, of the ground surface
prior to any excavation, cut or fill.
GRADE, FINISHED
The elevation, relative to a given datum, of the ground surface
after completion of any excavation, cut or fill.
GUARANTEE, COMPLETION
The financial security that may be accepted by the Township
as a guarantee that public improvements required as part of an application
for subdivision and/or land development are completed to the satisfaction
of the Township.
GUARANTEE, MAINTENANCE
The financial security that may be accepted by the Township
as a guarantee that public improvements required as part of an application
for subdivision and/or land development will be in satisfactory condition
for a specific period of time.
HALF OR PARTIAL STREET
A street, generally parallel and adjacent to a property line,
having less of a right-of-way width than normally required for the
satisfactory improvement and use of the street.
INDIVIDUAL WATER SUPPLY
A system for supplying potable water to a single user from
a private groundwater source located on the same lot as the use.
INTERIOR LOT
Any lot which only has access to a dedicated street by means
of an easement or right-of-way such as a shared driveway; any lot
which has a minimum frontage to a dedicated street by virtue of being
a flag-shaped lot.
INTERIOR WALK
A right-of-way for pedestrian use extending from a street
into a block to another street.
LAND DEVELOPMENT
Any of the following activities:
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 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.
(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.
LOT
A tract or parcel of land defined by a legal description which conforms to the provisions of this chapter, Chapter
27, Zoning, and other applicable codes.
LOT, CORNER
A lot bounded on at least two sides by streets whenever the
lines of such streets extend from an interior angle of 135° or
less. All yards abutting streets shall be considered front yards.
The remaining yards shall be treated as side yards.
LOT, FLAG
An interior lot connected to the street by an access corridor with a minimum width of no less than the 50 feet street frontage as required by Chapter
27, Zoning.
MOBILE HOME PARK
A parcel or contiguous parcels of land which have been so
designated and improved to contain two or more mobile home lots for
the placement thereon of mobile homes.
NONTIDAL WETLANDS
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation, and is determined according to the
Corps of Engineers Wetland Delineation Manual, 1987.
NORMAL AGRICULTURAL OPERATION
[Added by Ord. 2016-02, 4/20/2016]
A.
The activities, practices, equipment and procedures that farmers
adopt, use or engage in the production and preparation for market
of poultry, livestock and their products and in the production, harvesting
and preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities and is:
(1)
Not less than 10 contiguous acres in area; or
(2)
Less than 10 contiguous acres in area but has an anticipated
yearly gross income of at least $10,000.
B.
The term includes new activities, practices, equipment and procedures
consistent with technological development within the agricultural
industry. Use of equipment shall include machinery designed and used
for agricultural operations, including, but not limited to, crop dryers,
feed grinders, saw mills, hammer mills, refrigeration equipment, bins
and related equipment used to store or prepare crops for marketing
and those items of agricultural equipment and machinery defined by
the Act of December 12, 1994 (P.L. 944, No. 134), known as the "Farm
Safety and Occupational Health Act." Custom work shall be considered
a normal farming practice.
OPACITY
The measure of opaqueness provided by a wall or fence, measured
as the percentage of solid material to open area.
PENNDOT
Pennsylvania Department of Transportation.
PERENNIAL STREAM
A continual flowing body of water that is delineated by a
blue line on the USGS 7.5-minute quadrangle maps.
PLAN, AS-BUILT
A plan prepared by a Pennsylvania registered professional
land surveyor or professional engineer showing actual dimensions and
locations of all improvements as constructed.
PLAN, FINAL
A complete and exact subdivision or land development plan,
prepared for official recording as required by statute, defining property
rights, proposed streets and other improvements.
PLAN, PRELIMINARY
A tentative subdivision or land development plan, in lesser
detail than a final plan, showing approximate proposed street and
lot layout as a basis for consideration prior to preparation of a
final plan.
PLAN, SKETCH
A schematic plan, not necessarily to exact scale, indicating
existing features of a tract and its surroundings and the general
layout of the proposed subdivision and/or land development in sufficient
detail to allow for disclosure of all significant review matters.
PUBLIC IMPROVEMENT
Any improvement relating to a subdivision or land development
which is designed to be used by the public, including dedicated improvements.
PUBLIC WATER SUPPLY SYSTEM
A system supplying potable water which: (1) is owned and/or
operated by the Township, a municipal authority organized by the Township
or authorized by the Township to conduct business in the Township,
or a certificated public utility; (2) serves more than one community,
residential subdivision, or commercial or industrial development;
and (3) may be interconnected with other water supply systems.
REDIVISION
The further division of lots or the relocation of lot lines
within previously approved subdivision plans, but not including conveyances
which combine parcels.
RESIDUAL TRACT
Remaining lands and/or lots in a subdivision on which no
construction, buildings, improvements, and/or grading is proposed,
either presently or in the future.
RETAINING WALL
A structure that is constructed between lands of different
elevations used to stabilize the surfaces, prevent erosion, and/or
protect structures.
REVERSE-FRONTAGE LOT
A double-frontage lot having frontage along a major traffic
street and a minor street, and with vehicular access solely from the
latter.
RIGHT-OF-WAY
A strip of land granted or reserved for a public or private
purpose.
RIPARIAN BUFFER
A riparian buffer is an area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. [See §
27-2503, Subsection
5A(3), for requirements where a vegetated buffer does not exist prior to proposed development.] For the purposes of this chapter, the riparian buffer shall be divided into two zones:
A.
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ZONE ONE: INNER RIPARIAN BUFFER — This zone begins at
the top of each stream bank of an identified watercourse and occupies
a margin of land with a minimum width of 35 feet measured horizontally
on a line perpendicular to the edge of the water at the top of the
defined bank, as reviewed and approved by the Township Engineer. Where
severely steep slopes (+25%) are located within 35 feet of a watercourse,
Zone One shall extend the entire distance of this sloped area.
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B.
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ZONE TWO: OUTER RIPARIAN BUFFER — This zone begins at
the outer edge of Zone One and occupies a maximum width of 65 feet
in addition to Zone One.
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(1)
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In cases where Zone One extends beyond 35 feet due to the presence
of severely steep slopes, the width of Zone Two shall be adjusted
so that the total riparian buffer width equals a total width of 100
feet.
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(2)
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Where the entire width of the Zone Two Riparian Buffer is not wooded, the outer edge, up to the maximum 100-foot width, shall be maintained as a filter strip of dense grass or other features to provide sediment filtering, nutrient uptake, and convert concentrated flow to uniform, shallow, sheet flow. [See § 27-2503, Subsection 5A(3), for requirements where a vegetated or wooded buffer does not exist prior to proposed development.]
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SETBACK OR BUILDING LINE
The lines within a property defining the required minimum
distance between any enclosed structure and the adjacent right(s)-of-way
or property lines.
SIDEWALK
A paved, surfaced or leveled area, paralleling and separate
from the cartway of a street, used as a pedestrian walkway.
SIGHT DISTANCE
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street.
STREET, LOCAL
A street defined as such in the Franklin Township Comprehensive
Plan that serves low levels of traffic, provides high level of access
to adjacent properties, provides short distance travel and which does
not serve through trips.
STREET, MAJOR COLLECTOR
A street defined as such in the Franklin Township Comprehensive
Plan that serves moderate levels of traffic, collects traffic from
local streets and distributes to arterials, provides a mix of mobility
and access, links neighborhoods and serves some local traffic.
STREET, MINOR ARTERIAL
A street defined as such in the Franklin Township Comprehensive
Plan that serves high volumes of traffic, links boroughs and villages
and provides some control of access.
STREET, MINOR COLLECTOR
A street defined as such in the Franklin Township Comprehensive
Plan that serves lower levels of traffic than major collectors, collects
traffic from local streets and distributes to arterials, provides
a mix of mobility and access, links neighborhoods and serves mostly
local traffic.
STREET, PRINCIPAL ARTERIAL
A street defined as such in the Franklin Township Comprehensive
Plan that serves heavy volumes of traffic, links urban centers, provides
some control of access and provides more than two travel lanes.
STREET, PRIVATE
A street not offered for dedication or duly accepted by the
Board of Supervisors as a public street.
SUBDIVIDER
The owner, or the authorized agent of the owner, of the lot
to be subdivided.
SUBDIVISION
"Subdivision" shall be defined to include:
A.
The division of a single lot or part thereof, by any means into
two or more lots, including changes in street lines or lot lines for
the purpose, whether immediate or future, of lease, of transfer of
ownership or of building development; provided, that the subdivision
by lease of land for agricultural purposes into parcels of 10 or more
acres, not involving any new street, or easement of access, or residential
dwelling, shall be exempted.
B.
The creation of a mortgage encumbering real estate less than
the entire tract of land titled in the mortgagor's name at the time
the mortgage is created.
C.
The redivision and, as appropriate in this chapter, the process
of subdividing land.
SUBDIVISION, MAJOR
The division of land involving any or all of the following:
A.
Four or more contiguous lots.
B.
Resulting land area capable of undergoing further subdivision.
D.
Creation of easements or rights-of-way.
TOWNSHIP
Franklin Township, Chester County, Pennsylvania.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania duly appointed as the engineer for the Township.
TOWNSHIP SECRETARY
An individual duly appointed by the Board of Supervisors
who serves as Secretary to the Township.
WATERCOURSE
A watercourse is a channel or conveyance of surface water
having defined bed and banks, whether natural or artificial, with
perennial or intermittent flow.