For the purpose of this chapter, the following words and phrases shall have the meaning as given in the article.
A. 
Words in the present tense include the future.
B. 
The singular includes the plural.
C. 
The word "shall" is mandatory; the word "may" is optional.
D. 
The word "person" means an individual, corporation, partnership, firm, association, company, or any other similar entity.
E. 
If a word or term is not defined in this chapter, the word or term shall have its plain and ordinary meaning within the context of the section. In the latter case, a standard reference dictionary should be consulted.
F. 
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.
DEVELOPMENT
A subdivision of land or land development.
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.
(2) 
SINGLE-FAMILY DETACHED UNITA residential structure containing only one dwelling unit.
(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.
(6) 
MULTIPLE DWELLING OR APARTMENT UNITA residential structure of two or more stories containing three or more dwelling units (not row or townhouse 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.[1]
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).
(4) 
REGULATORY FLOOD ELEVATIONThe one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
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.
(2) 
A subdivision of land.
(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.
LOT, THROUGH, or DOUBLE FRONTAGE
A lot with front and rear street frontage.
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."
SETBACK LINE
See "building setback line."
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.
(3) 
MINOR STREETA street used primarily for access to abutting properties.
(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]).
(1) 
SUBDIVISION, MAJORAny subdivision or land development that does not qualify as a minor subdivision.
(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.
[1]
Editor's Note: See now 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: See now 53 P.S. § 10107.