A.
Unless a
contrary intention clearly appears, the following words and phrases
shall have for the purpose of this chapter the meanings given in the
following clauses.
B.
For the
purpose of this chapter, word 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 firm, corporation, partnership, company,
association, or government entities including a trustee, a receiver,
an assignee or a similar representative, as well as the individual.
(4)
The
word "lot" includes the word "plot" or "parcel."
(5)
The
word "shall" is mandatory.
(6)
The
word "Township" always means Bristol Township.
(7)
The
word "Commission" and the words "Planning Commission" always mean
the Bristol Township Planning Commission.
(8)
The
word "Council" always means the Bristol Township Council.
(9)
The
word "Secretary" shall mean the Secretary of the Township of Bristol.
(10)
The
words "Managing Director" shall also mean his/her designee.
(12)
The
words "used" or "occupied" as applied to any land or building shall
be construed to include the words "intended, arranged, or designed
to be occupied."
C.
Any word
or term not defined herein shall be used with a meaning of standard
usage.
The following specific definitions apply in this chapter:
Any person, other than the developer, who, acting for the
developer, submits to the Township subdivision or land development
plans for the purpose of obtaining approval thereof.
A right-of-way which provides secondary access for vehicles
to the side or rear of abutting properties.
A landowner, developer, or agent, as hereinafter defined,
who has filed an application for development including his or her
heirs, successors, and assigns.
Every application, whether preliminary, tentative, or final,
required to be filed and approved prior to the 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 approval of a development plan.
An area divided into lots and usually bounded by streets.
A strip of required yard space adjacent to a use or facility
within a property, or to the boundary of a property or district, on
which is located a visual barrier of sufficient height and density
to appropriately screen the property or use.
A structure having a roof which is used or intended to be
used for the shelter or enclosure of persons, animals, or property.
The word "building" shall include any part thereof.
SIDE
A line parallel to the side lot line at a distance therefrom
equal to the depth of the minimum side yard required as per the Zoning
Ordinance.
REAR
A line parallel to the rear lot line at a distance therefrom
equal to the depth of the minimum rear yard required as per the Zoning
Ordinance.
The hard or paved surface portion of any street, or that
portion of a street customarily used by vehicles in the regular course
of travel over the street.
A line which is typically midway between and parallel to
the right-of-way lines.
An area of unobstructed vision at a street intersection defined
by lines of sight between points at a given distance from the intersection
of the street right-of-way lines.
Always means Bucks County, Pennsylvania.
A secondary street intersecting another street at one end
and terminating at the other end in a vehicular turnaround.
Final adjudication of any board or other body granted jurisdiction
under this chapter or the Pennsylvania Municipalities Planning Code
(Act 247, as amended[2]) to do so, either by reason of the grant of exclusive
jurisdiction or by reason of appeals from determinations. All decisions
shall be appealable to the Court of Common Pleas of the county and
judicial district wherein the municipality lies.
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 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.
The provisions for 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" shall mean the written
and graphic materials referred to in this definition.
A lot extending between and having frontage on a major thoroughfare
and a local street, and with vehicular access solely from the latter.
Any ditch, gutter, swale, pipe, culvert, storm sewer, detention
or retention basin, or other structure designed, intended, or constructed
for the purpose of diverting surface water from, or carrying surface
waters off streets, public rights-of-way, parks, recreational areas,
or any part of any subdivision or land development.
A minor vehicular way providing access between a street and
parking area or garage within a lot or property.
A room or series of connected rooms containing living, cooking,
sleeping, and sanitary facilities for one family. The dwelling unit
shall be self-contained and shall not have common hallways passing
through another dwelling unit nor shall there be shared facilities
with another housekeeping unit. Dwelling/dwelling unit shall be further
described in and controlled by the Zoning Ordinance.[3]
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, the Township
or other governmental authority, or another person or entity.
A registered professional engineer licensed as such in the
Commonwealth of Pennsylvania.
The municipal Engineer will review the plan and any accompanying
material for the proposed subdivision or land development and make
the findings known in a report to the municipal Planning Commission
and Council. The report will be considered by the Planning Commission
and Council when reviewing the proposal.
The process by which soil and bedrock are worn away by the
action of wind, water, climate or chemical action.
The smallest roots of a tree, which are responsible for most
of the absorption of nutrients into the tree; most are located within
the top 12 inches of the soil.
The portion of the floodplain which is outside the floodway.
A relatively flat or low land area adjoining a river, stream,
or watercourse which is subject to partial or complete inundation;
an area subject to the unusual and rapid accumulation or runoff of
surface waters from any source. This shall include those areas identified
as being within the 100-year floodplain according to the most recent
Flood Insurance Study prepared by the Federal Emergency Management
Agency, Federal Insurance Administration.
Any combination of structural or nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents, and as provided in the
Bristol Township Building Code.[4]
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood for
the 100-year magnitude.
Surfaces which do not absorb water, including all buildings
and paved or hard surfaces. In addition, other areas determined by
the Township Engineer to be impervious within the meaning of this
definition shall also be classified as impervious.
Any street for which the Township or Commonwealth has maintenance
responsibility and which is paved with an approved hardtop surface.
Those physical additions, installations, and changes, such
as streets, curbs, sidewalks, water mains, sewers, drainage facilities,
public utilities, and other appropriate items required to render land
suitable for the use proposed.
Any of the following activities:
The improvement of one 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.
The following shall not be considered a land development:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than two residential
units, unless such units are intended to be condominiums;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
An amusement park is defined as a tract or area used principally as
a location for a permanent amusement structure or rides. This exclusion
shall not apply to newly acquired acreage by an amusement park until
the initial plans for the expanded area have been approved by the
Township.
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.
A licensed landscape architect registered in the Commonwealth
of Pennsylvania.
A licensed surveyor registered in the Commonwealth of Pennsylvania.
A parcel of land, used or set aside and available for use
as the site of one or more buildings and any buildings accessory thereto
or for any other purpose, in one ownership and not divided by a street
upon which said lot abuts, even if the ownership to such right-of-way
is in the owner of the lot. A lot for the purpose of this chapter
may or may not coincide with a lot of record.
The area contained within the property lines of the lot excluding
any area within an existing or designated future street right-of-way.
A lot on the junction of and abutting two or more streets
where the interior angle of the intersection does not exceed 135°.
A parcel of land which does not have the required minimum
lot width at the minimum front yard line but which attains the minimum
lot width required at a distance from the right-of-way line greater
than the minimum front yard setback. The lot has direct access to
a public street through a narrow strip of land which is part of the
same lot. The lot lines of the narrow portion of the lot (the lane)
are parallel or nearly parallel.
An interior lot having frontage on two parallel or approximately
parallel streets. Can also be referred to as a "double-frontage lot."
The mean distance from the street line of the lot to its
opposite rear line, measured in the general direction of the side
lines of the lot.
Any boundary line of a lot.
LOT LINE, FRONT
Ordinarily the street line except in the circumstance where
a lot is bounded by streets on more than one side, in which case all
street lines would be regarded as the front lot lines.
LOT LINE, REAR
A lot line which is opposite and most distant from the front
lot line. If the rear lot line is less than 20 feet in length, or
if the lot forms a point at the rear, the rear lot line shall be deemed
to be a line 20 feet in length within the lot, between the side lot
lines, parallel to and at the maximum distance from the front lot
line. For a corner lot, of the two lot lines opposite the front lot
lines, that which is most distant will be the rear lot line.
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot
line.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, 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 without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A dwelling unit erected on a foundation and made of one or
more sections built in a factory. The completed unit must meet the
Building Code[5] which is in effect and is considered to be real property.
A building providing separate living quarters for two or
more families.
A person selected by the municipality whose responsibilities
include ensuring that the tree protection standards are followed correctly.
The municipal arborist must have a degree in arboriculture, horticulture,
forestry, landscape architecture, silviculture, or plant physiology
and have a knowledge of and experience in the methods of tree protection.
An area of land or of water, or a combination of land and
water, within a development site designed and intended for the use
or enjoyment of residents of the development, not including streets,
off-street parking areas, areas set aside for public facilities, private
yards, and stormwater management facilities.
The owner of record of a parcel or equitable owner acting
in behalf of the owner of record.
An off-street area on a lot with an all-weather surface available
for the storage of one motor vehicle and having dimensions as required
by this chapter, exclusive of passageways and driveways appurtenant
thereto, and having individual direct access to a street without moving
another vehicle.
A subdivision or land development plan showing all those
items required by this chapter and prepared for formal approval by
the Council.
A subdivision or land development plan showing all those
items required by this chapter and prepared for preliminary consideration
prior to the preparation of a final plan.
An exact copy of the approved final plan on Mylar of standard
size, prepared for necessary signatures and recording with the Bucks
County Recorder of Deeds.
An informal plan, to scale, indicating salient existing features
of a tract and its surroundings and the general layout of the proposed
subdivision or land development for discussion purposes only and not
to be presented for approval.
The map or plan of a subdivision or land development, whether
preliminary or final.
Removal of branches from a tree using proper tools and approved
cutting techniques.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code, as amended.[6]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[7]
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.
Land set aside for use as a street or other means of travel,
or for use by a utility. The usage of the term "right-of-way" for
land plotting purposes in the Township shall mean that every right-of-way
hereafter established and shown on a final record plan is to be separate
and distinct from lots or parcels adjoining such right-of-way, and
not included with the dimensions or areas of such lots or parcels
when it is a dedicated street right-of-way.
The legal right-of-way as established by the Commonwealth
or other appropriate governing authority and currently in existence.
The lines that form the boundaries of a right-of-way.
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.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
wind, water, or gravity.
The process by which mineral or organic matter is accumulated
or deposited by wind, water, or gravity.
Any sanitary sewer, sewage system, sewage treatment works
or parts thereof designed, intended or constructed for the collection,
treatment and satisfactory disposal of sanitary waste and industrial
sewage.
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.
An area having specific boundaries and encompassing an existing
or proposed land development, subdivision, or residence.
The face of an embankment cut or fill section; any ground
whose surface makes an angle with the plane of the horizon. Slopes
are usually expressed in a percentage of horizontal distance as compared
to vertical distance.
A system of pipes or other conduits which carries intercepted
surface runoff, street water or other waters, or drainage, but excludes
domestic sewage and industrial wastes.
A public way used or intended to be used for passage or travel
by motor vehicles and includes the land between the street lines whether
improved or unimproved and may comprise pavement, shoulders, gutters,
sidewalks, and other areas within the street lines. The word "street"
includes the words "road," "highway," "thoroughfare," and "way." Streets
are further classified by the functions they perform:
MAJOR THOROUGHFARES
(1)
(2)
(3)
EXPRESSWAYS
Designed for large volumes of high-speed traffic and limited
access.
ARTERIAL STREET
Designed for large volumes and high-speed traffic with access
to abutting properties controlled.
COLLECTOR STREET
Designed to carry a moderate volume of fast-moving traffic
from primary and secondary streets to arterial streets, with access
to abutting properties controlled.
LOCAL STREETS
PRIMARY STREET
Designed to carry a moderate volume of traffic, to intercept
secondary residential streets and driveways of high-density residential
uses, industrial parks, and other high traffic-generating uses, to
provide routes to collector streets and community facilities, and
to provide access to abutting properties.
SECONDARY STREET
Designed to provide access to abutting properties and a route
to primary streets.
MARGINAL ACCESS STREET
A secondary street which is parallel to and adjacent to an
expressway, arterial or collector street and which provides access
to abutting properties and protection from through traffic.
Area where two or more streets join.
The dividing line between the street and the lot. The street
line shall be the same as the existing (legal) right-of-way line provided
that where a future right-of-way width for a road or street has been
established, then that width shall determine the location of the street
line.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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, 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 SUBDNISION
The division of land into three or more lots, tracts, or
parcels.
MINOR SUBDNISION
The division of land into two lots, tracts or parcels of
land, provided the proposed lots, tracts or parcels of land have frontage
on an improved public street or streets, and provided that there is
not created by the subdivision any new street or streets, the need
for required improvements, easement of access or the need thereof.
An area that is radial to the trunk of a tree in which no
construction activity shall occur. The tree protection zone shall
be 15 feet from the trunk of the tree to be retained, or the distance
from the trunk to the dripline, whichever is greater. Where there
is a group of trees or woodlands, the tree protection zone shall be
the aggregate of the protection zones for the individual trees.
Any activity, occupation, business or operation carried on
or intended to be carded on, in a building or other structure, or
on a lot, tract or parcel.
Those services customarily rendered by public utility corporations,
municipalities, or municipal authorities, in the nature of electricity,
gas, telephone, water and sewerage, including the appurtenances used
in connection with the supplying of such services (buildings, wires,
pipes, poles and the like).
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
Any channel of conveyance of surface water having defined
groundwater and surface water resources within the Township.
Those areas that are inundated and 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.
Areas comprising 1/4 acre or more of wooded land where the
largest trees measure at least six inches dbh (diameter at breast
height) or 4 1/2 feet above the ground. Woodlands are also a grove
of trees forming one canopy where 10 or more trees measure at least
10 inches dbh. The woodland shall be measured from the dripline of
the outer trees.
An open space unobstructed from the ground up except for
permitted projections and plantings, on the same lot with a structure,
extending along a lot line or street line and inward to the structure.
A yard extending across the width of the lot and lying between
the street line and the closest point of any building on the lot.
The depth of the front yard shall be measured horizontally and at
right angles to either a straight street line or the tangent lines
of curved street lines. The minimum required front yard shall be not
less than the required front yard setback as specified for the applicable
district in the Zoning Ordinance.[8]
A yard extending across the full width of the lot and lying
between the rear lot line and closest point of the principal building
on the lot. The depth of the rear yard shall be measured horizontally
and at right angles to either a straight rear lot line or the tangent
lines of a curved rear lot line. The minimum required rear yard shall
not be less than the required rear yard setback as specified for the
applicable district in the Zoning Ordinance.
A yard extending from the front yard to the rear yard, located
between the side lot line and the closest point of the principal building
on the lot. The width of the required side yard shall be measured
horizontally and at right angles to either a straight line, or the
tangent lines of curved lot lines. The minimum required side yard
shall not be less than the required side yard setback as specified
for the applicable district in the Zoning Ordinance.
In the case of corner lots, the yards extending along any
streets shall be considered front yards and shall have setbacks in
accordance with the requirements of the Zoning Ordinance.
