A.
Unless otherwise expressly stated, the following words and phrases shall have for the purposes of this chapter the meanings given in the following clauses.
B.
For the purpose of this chapter, words and terms used herein shall be interpreted as follows:
(1)
Words used in the present tense include the future.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation, partnership, and association as well as the individual.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The term "shall" is mandatory.
(6)
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be occupied."
(7)
The word "Commission" and the words "Planning Commission" always mean the Colebrookdale Township Planning Commission.
(8)
The word "Township" refers to the Board of Commissioners of the Township of Colebrookdale.
C. ALLEY APPLICANT ARBORIST ARCHITECT BASEMENT BLOCK BUG BUILDING SETBACK LINE CALIPER CANOPY CARTWAY (ROADWAY) CLEAR SITE TRIANGLE COUNTY COUNTY PLANNING COMMISSION CROSSWALK CUL-DE-SAC DESIGN STANDARDS DETENTION BASIN DEVELOPER DEVELOPMENT OF REGIONAL SIGNIFICANCE AND IMPACT DEVELOPMENT PLAN DRAINAGE FACILITY DRIVEWAY DWELLING EASEMENT ENGINEER EROSION FLOODPLAIN or FLOODPLAIN AREA FOOTCANDLE FUTURE GROWTH AREA IESNA IMPERVIOUS COVERAGE(1) IMPERVIOUS SURFACE IMPROVEMENT INVASIVE PLANT LAND DEVELOPMENT(1) (a) (b) (2) (3) (a) (b) (c) LANDOWNER LANDSCAPE ARCHITECT LED LIGHT SPILL LOT(1) (2) (3) LOT AREA(1) (2) (3) (4) LOT DEPTH LOT LINES(1) (2) (3) LOT WIDTH MARKER MONUMENT MOUNTING HEIGHT NATIVE PLANT NEW LIGHTING OPEN SPACE DEVELOPMENT OPEN SPACE RATIO OPEN SPACE, PRESERVED OR COMMON(1) (2) (3) (4) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (5) PLAN, FINAL PLAN, OFFICIAL PLAN, PRELIMINARY PLAN, RECORD PLAN, SKETCH PLAT PUBLIC NOTICE RE-SUBDIVISION REGISTERED LANDSCAPE ARCHITECT (RLA) RESERVE STRIP REVERSE FRONTAGE LOT REVIEW RIGHT-OF-WAY(1) (2) RUNOFF SEASONAL LIGHTING SEDIMENTATION SEWAGE SERVICE(1) (2) (3) SIGHT DISTANCE SITE(1) (2) (3) (4) SOIL PERCOLATION TEST STREET(1) STREET LINE STREET TREE STRUCTURE SUBDIVIDER SUBDIVISION, MAJOR AND MINOR(1) (a) (b) (c) SUBSTANTIALLY COMPLETED SURVEYOR TEMPORARY LIGHTING UTILITIES WATER SERVICE(1) (2) (3) WATERCOURSE WETLANDS
If a term is not defined by this Chapter 475, Subdivision and Land Development, but is defined in Chapter 540, Zoning, then the Chapter 540, Zoning definition shall apply to this chapter.
A vehicle right-of-way located to the side or rear of abutting properties and which has a right-of-way of 20 feet or less.
The definition in the Pennsylvania Municipalities Planning Code,[1] as amended, shall apply.
An ISA (International Society of Arboriculture) certified professional trained and knowledgeable in all aspects of arboriculture.
A licensed professional architect registered by the Commonwealth of Pennsylvania.
An enclosed level of a building that is not a "story" and that is partly underground.
An area bounded by three or more streets.
A luminaire classification system that classifies backlight (B), uplight (U), and glare (G).
A line separating a yard from the area within which a building or use is allowed.
An instrument utilized for obtaining outside measurements of trees. For measuring street trees and trees for buffering and landscaping purposes, caliper measurement shall be taken at a point on the trunk six inches above natural ground line for trees up to four inches in caliper and at a point 12 inches above the natural ground for trees over four inches in caliper.
A covered, unconditioned structure with at least one side open for pedestrian and/or vehicular access. (An "unconditioned structure" is one that may be open to the elements and has no heat or air conditioning.)
The portion of a street right-of-way, paved, or unpaved, intended for vehicular use.
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 right-of-way lines.
The County of Berks, Commonwealth of Pennsylvania.
The Planning Commission of the County of Berks.
A public or private physically defined way for pedestrian use, which crosses a cartway or extends from a street into a block.
A street intersecting another street at one end and terminating at the other in a vehicular turnaround.
Regulations adopted pursuant to this chapter imposing minimum or maximum standards in the layout by which a subdivision or land development is developed.
A water impoundment, made by construction of a dam or embankment or by excavating a pit, for the purpose of detaining runoff water and releasing it slowly into the ground or into a natural watercourse.
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision or a land development.
Any land development that, because of its character, magnitude, or location, will have substantial effect upon the health, safety, or welfare of citizens in more than one municipality.
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
A means of collecting, conveying, diverting and storing of surface and/or underground water including but not limited to a ditch, gutter, pipe, culvert, storm sewer, retention basin, detention basin, or any other structure designed, intended, or constructed for the purpose of controlling surface and underground waters.
A private cartway located on private property providing vehicular access from such property to and from a public or private street, parking area, or garage.
A building used as nontransient living quarters, but not including a boarding house, hotel, motel, hospital, nursing home or dormitory. A dwelling may include a use that meets the definition of a "sectional home," as described in Chapter 540, Zoning.
A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
A licensed professional engineer registered by the Commonwealth of Pennsylvania with experience and competency in civil engineering.
The removal of surface materials by the action of natural elements.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
The unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one-foot square from a distance of one foot.
An area of a municipal or multi-municipal plan outside of and adjacent to a designated growth area where residential, commercial, industrial and institutional uses and development are permitted or planned at varying densities and public infrastructure services may or may not be provided, but future development at greater densities is planned to accompany the orderly extension and provision of public infrastructure services.
An acronym for the Illuminating Engineering Society of North America, a professional guidance body for lighting engineers.
The percentage that results from dividing the land area on a lot covered by all impervious surfaces by the total land area of the lot, or divided by net buildable site area when required per Chapter 540, Zoning.
For a townhouse development, the maximum impervious coverage may be measured as a maximum for the entire development after completion, after the deletion of street rights-of-way (or cartway where a street right-of-way does not exist), as opposed to regulating each individual townhouse lot.
Impervious surfaces shall be defined as areas covered by buildings, paving or concrete, or other man-made surfaces that have a runoff coefficient of 0.7 or greater. Areas of stone regularly used for vehicle parking and movement shall be considered impervious for the purposes of restricting impervious coverage under Chapter 540, Zoning. In case of doubt, the Township Engineer shall determine whether a surface is impervious.
Construction or erection of any kind of structure, utility, and roadway, including but not limited to, grading and other land modifications which will permit the construction or erection of any kind of structure, utility, and roadway.
An invasive plant is one which grows aggressively, spreads, displaces other plants and has generally been introduced from other continents. Lacking natural predators, disease, or other natural controls, these plants can dominate large areas, diminish and/or limit biodiversity, are expensive to control and are directly responsible for the extinction and loss of natural plants that have evolved in communities with other plants, wildlife, insects and microorganisms. A plant is considered invasive under this chapter if it appears on the Pennsylvania Department of Conservation and Natural Resources list of Invasive Plants, or the United States or Pennsylvania Department of Agriculture list of Invasive or Noxious plants.
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
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
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.
A subdivision of land.
Development in accordance the provisions for the exclusion of certain land development only when such land development involves:
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;
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principle building; or
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
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 person having a proprietary interest in land, shall be deemed to be the landowner for the purposes of this chapter.
A licensed professional landscape architect registered by the Commonwealth of Pennsylvania.
Light emitting diode.
Light emitted by a lighting installation that falls outside the boundaries of the property on which the installation is sited.
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. The term "lot" shall mean a lot of record in one ownership according to official county records. The area and depth of a lot shall be measured to the legal right-of-way line of the street, and all lots shall front on public or private streets.
LOT, CORNERA lot abutting on two intersecting streets which has an interior angle of less than 135° at the intersection of right-of-way lines of two streets. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°.
LOT, FLAGA lot that does not meet the minimum lot width at the minimum building setback line and has a 50 feet minimum width access strip to connect to a street. Where lease lines are used to provide coordinated internal vehicle access within a business development, such lease lines shall be allowed without being regulated as flag lots.
LOT, THROUGHA lot that has frontage on two parallel or approximately parallel streets, and which does not meet the definition of a corner lot.
The horizontal land area contained within the lot lines of a lot (measured in acres or square feet). For the purposes of determining compliance with the minimum lot area, the following shall be excluded:
Areas within the existing legal rights-of-way of: 1) any proposed or existing public streets or alleys as it exists after development, or 2) any proposed or existing commonly maintained private streets that serve more than one lot. Land area within any designated ultimate or future right-of-way that has been established shall also be deleted from lot area.
Areas that are currently or will be required to be dedicated as common or preserved open space.
Wetlands shall not count towards the minimum lot area.
Portions of a flag lot that have a width of less than 30 feet shall not be counted towards meeting minimum lot area.
The average distance from the street line of a lot to its opposite rear lot line, measured in the general direction of the side lot lines.
The property lines bounding the lot. Wherever a property line borders a public street, for the purposes of determining setbacks, the lot line shall be considered to be the street right-of-way line that will exist at the time of completion of a subdivision or development.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing or proposed street right-of-way. For a corner lot, each yard that abuts a public street shall be considered a front yard. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, the lot line closest to the street shall be considered a front lot line. Every lot shall have a front yard.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line. Every lot shall have a rear yard.
SIDE LOT LINEAny lot line other than a front or rear lot line.
The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. 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. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall. Where a pie-shaped lot fronts upon a cul-de-sac, the minimum lot width may be reduced to 75% of the width that would otherwise be required.
A metal pipe or pin of at least 1/2 inch diameter (preferred 3/4 inch or 7/8 inch) and at least 24 inches in length (preferred 30 inches to 36 inches).
A stone or concrete monument with a flat top of at least four inches square, containing a copper or brass dowel, scored with an "X" to mark the reference point, and at least 30 inches in length. The bottom sides shall be at least two inches greater than the top to minimize movements caused by frost.
The height of the photometric center of a luminaire above grade level.
A native plant is one that occurs naturally in an area without human intervention and that was growing in the area prior to the time of European settlement. Such plants are adapted to the local climate and tend to be more drought, disease and insect resistant than introduced varieties, and they help preserve the balance and beauty of natural ecosystems. For purposes of the chapter a plant shall be considered native if it appears listed herein § 475-45I, Plant material list.
Lighting for areas not previously illuminated; newly installed lighting of any type except for replacement lighting or lighting repairs.
An optional type of residential development that involves the permanent preservation of preserved open space, and that places dwellings on the most suitable portions of a tract, on lots that are typically smaller than would otherwise be allowed with conventional development.
The percentage that results when the amount of land area in acres or portions thereof that meets the requirements for preserved open space is divided by the total base site area.
A parcel or parcels of land within a tract which meets all of the following standards:
Is designed, intended and suitable for active or passive recreation by residents of a development or the general public, or to be used for agricultural preservation;
Is covered by an agreement or declaration that ensures perpetual maintenance, if not intended to be publicly owned;
Will be deeded to the Municipality and/or preserved by a deed restriction or conservation easement to permanently prevent uses of land other than "preserved open space" and noncommercial recreation; and
Does not use any of the following areas to meet minimum preserved open space requirements:
Existing street rights-of-way;
Vehicle streets or driveways providing access to other lots;
Land beneath building(s) or land within 20 feet of a building, except that:
Off-street parking (other than that clearly intended for noncommercial recreation);
Area(s) needed to meet a requirement for an individual lot;
For land intended to be open to the public, that does not have provisions for entry with a fifteen-foot minimum width by pedestrians from a street open to the public or from adjacent preserved open space that has access to such a street;
Land that includes a stormwater detention basin, except for a basin or portions of a basin that the applicant proves to the satisfaction of the governing body would:
Portions of land that have a width of less than 50 feet;
Areas that are under water during normal weather conditions;
Areas that are under electric transmission lines that are designed for a capacity of 35 kilovolts or greater.
Each square foot of preserved open space that is of 25% or greater slopes and each square foot within the 100-year floodplain shall only count as 1/2 square foot for the purposes of determining the amount of preserved open space.
A complete and exact subdivision or land development plan, including all required supplementary data prepared for official recording as required by statute to define property rights and proposed streets and other improvements.
The Comprehensive Plan, or other such plan, or portions thereof, as may be adopted, pursuant to statute, for the area within the Township.
A formal subdivision or land development plan (and including all required supplementary data) showing proposed street and lot layout as a basis for consideration prior to preparation of the final plan.
The copy of the final plan which contains the original required endorsements of the Township and which is intended to be recorded with the County Recorder of Deeds.
An informal plan indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision or land development.
The map or plan of a subdivision or land development, whether preliminary or final.
Notice published once each week for two successive weeks in a newspaper of general circulation in the Municipality. 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any subdivision or transfer of land which changes or proposes to change property lines and/or public rights-of-way not in strict accordance with the approved plan.
A landscape architect registered by the Commonwealth of Pennsylvania.
A parcel of ground in separate (sometimes public) ownership separating a street from other adjacent properties or from another street.
A lot extending between and having frontage on two generally parallel streets with vehicular access solely from one street.
An examination of the sketch plan, preliminary plan, and final plan by the Planning Commission and the Board of Commissioners to determine compliance with this chapter and the administrative regulations, design standards, and improvement specifications enacted pursuant thereto.
An area or strip of land which is reserved for use by or as a street or by one or more utilities or by the public or by others. The term "right-of-way" by itself shall mean the street right-of-way, unless another meaning is otherwise stated or clearly implied from the context in which it is used.
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Municipality or the state presently own or hold another interest in the land, or will own after the completion of any proposed subdivision, land development or development whether by dedication or otherwise.
ULTIMATE RIGHT-OF-WAYThe right-of-way deemed necessary by the Joint Municipal Comprehensive Plan as appropriate to provide adequate width for future street improvements.
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.
Temporary lighting installed and operated in connection with holidays or traditions.
The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or by gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
CENTRALSanitary sewage service to a building by a Municipally approved sewage collection and disposal system that serves five or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
ON-LOTSanitary sewage service to a building that does not meet the definition of Central Sewage Service, such as but no limited to, an individual on-lot septic system.
PUBLICCentral sanitary sewage service by a system owned and/or operated by a municipality or a municipal authority.
The required 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. Sight distance measurement shall be made from a point 3.75 feet above the center line of the road surface to a point 0.5 feet above the center line of road surface.
The site shall be defined as a parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.
SITE AREAAll land area within the site as defined in the deed. Actual area shall be from an actual site survey rather than deed description.
SITE AREA, BASEA calculated area as defined in the Boyertown, Colebrookdale, and Pike Joint Zoning Ordinance and other ordinances approved and amended.
SITE AREA, NET BUILDABLEA calculated area as defined in the Boyertown, Colebrookdale, and Pike Joint Zoning Ordinance and other ordinances approved and amended.
MINIMUM SITE AREAThe smallest uniformly developed area of land from which a lot may be subdivided.
A field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.
A public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley or a driveway. The terms "street," "highway," and "road" shall have the same meaning and are used interchangeably. Streets are further classified according to the functions they perform.
The functional classification of streets, roads, and highways that is provided in the Comprehensive Plan shall apply. For the purposes of this chapter, such classifications may be revised by written resolution of the governing body.
The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way provided that where a future right-of-way width for a road or street has been established, that width shall determine the location of the street line.
Any shade tree planted in the right-of-way, including but not limited to between a street curb or cartway and a sidewalk. For the purpose of this section, a street tree shall also include any shade tree located within any properly executed and recorded easement of private property on the side of a sidewalk opposite the street.
Any man-made object having a stationary location on, below or in land or water, whether or not affixed to the land. Utility poles, stormwater basins, wells, paving, and septic systems shall not be considered structures.
Any individual, copartnership, or corporation (or grant) which undertakes the development or subdivision of land, as defined by this chapter, as the owner (or agent) of the land being developed or subdivided.
SUBDIVISIONThe 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, 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.
MAJOR SUBDIVISIONThe division of a lot, tract, or parcel of land or part thereof into three or more lots, tracts, or 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 subdivisions by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new streets, easements of access, or residential dwellings, may be exempt from the provisions of this chapter.
MINOR SUBDIVISIONThe division of a single lot, tract; or parcel of land into two residential 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 the proposed lots, tracts, or parcels of land thereby created have frontage on an improved public street or streets, and provided further that there is not created by the subdivision any new street or streets, the need for required improvements, or the need of an easement. Provided, however, that subdivision by lease of land for agricultural purposes in parcels of more than 10 acres, not involving any new streets, easements of access, or residential dwellings, may be exempt from the provisions of this chapter.
AGRICULTURAL LEASE LINE SUBDIVISIONDivision of a lot, tract, or parcel of land by lease lines for the sole purpose of agricultural use, not involving any new street, easements of access, or residential dwellings.
Where, in the judgement of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted), 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.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
Lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.
Those services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, cable television, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles, and the like).
WATER SERVICE, CENTRALWater supply service to a building by a Municipally approved water supply system that serves 20 or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
WATER SERVICE, ON LOTWater supply service to a building that does not meet the definition of Central Water Service, such as but not limited to an individual on-lot well.
WATER SERVICE, PUBLICCentral water service by a system owned and/or operated by a municipality or a municipal authority.
A watercourse is a channel or conveyance of surface water having defined bed and banks, with perennial or intermittent flow, including the course of outflow from any spring. The definition of watercourse shall exclude facilities constructed solely for stormwater management.
An area of land and/or water meeting one or more of the definitions of a "wetland" under federal and/or Pennsylvania law and/or regulations.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.