[Amended 3-22-2021 by Ord. No. 22-2021]
Other terms or words used herein shall be interpreted or defined as follows:
ALLEY — A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
ANNEXATION - A subdivision, the sole purpose of which is to consolidate one or more lots or parcels with an adjacent lot or parcel, resulting in a single lot or parcel of land.
APPLICATION FOR DEVELOPMENT — Every application, whether preliminary, tentative 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. [Amended 5-29-2001 by Ord. No. 14-2001]
APPLICANT — The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
BLOCK — A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
BOND — Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the City Solicitor and/or Council. All bonds shall be approved by the City Solicitor wherever a bond is required by this chapter.
BUILDING — Any structure, either open or closed, having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars, or other structures on wheels or having other supports. Any structure having an independent entrance or an independent electrical, mechanical or heating system shall be considered a single building. [Amended 9-20-1978 by Ord. No. 35-1978]
BUILDING SETBACK LINE — The line established by ordinance beyond which no structure may extend.
CARTWAY (ROADWAY) — The portion of a street right-of-way, paved or unpaved, intended for vehicular use within the topographical curbline.
CITY or CITY OF READING - All references to the "City" or "City of Reading'' within this Chapter shall apply to the area or corporate limits of the City of Reading; the governing body or commission designated by the City of Reading; the department or administrator designated by the City of Reading; and/or as designated by the City of Reading Code.
COMPREHENSIVE PLAN - A plan adopted by the City of Reading, which has been prepared and adopted in accordance with the provisions that are specified by the Pennsylvania Municipalities Planning Code.
COUNCIL — The City Council of Reading, Pennsylvania.
CITY HEALTH OFFICER — The Sewage Enforcement Officer. [Amended 5-29-2001 by Ord. No. 14-20012]
CITY PLANNING COMMISSION — The Planning Commission of the City of Reading, Pennsylvania.
CITY PLANNING DIVISION MANAGER — The City Planning Division Manager under the Community Development Department. [Amended 5-29-2001 by Ord. No. 14-2001]
CITY ZONING ADMINISTRATOR — The agent or official designated by Council and charged by law with the administration and enforcement of Chapter 600, Zoning.
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.
CONSTRUCTION PLAN — The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition for the approval of the plan.
COUNTY — The County of Berks, Commonwealth of Pennsylvania.
COUNTY PLANNING COMMISSION — The Planning Commission of the County of Berks.
CROSSWALK (INTERIOR WALK) — 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.
CUL-DE-SAC — A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DESIGNATED FLOODPLAIN DISTRICTS — Those floodplain districts specifically designated in Chapter 600, Zoning, as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), the Flood-Fringe District (FF) and the General Floodplain District (FA). [Amended 9-20-1978 by Ord. No. 35-1978]
DEVELOPER — Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision or resubdivision of land.
DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations and the subdivision of land. [Amended 9-20-1978 by Ord. No. 35-1978]
DEVELOPMENT PLAN — 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 development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition. [Amended 5-29-2001 by Ord. No. 14-2001]
DIRECTOR OF PUBLIC WORKS — The Engineer or his responsible representative, as designated by the City. [Amended 5-29-2001 by Ord. No. 14-2001]
DRAINAGE RIGHT-OF-WAY — The lands required for the installation of sanitary or storm 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.
DWELLING UNIT — Any structure, or part thereof, designed to be occupied as living quarters or as a single housekeeping unit.
EASEMENT — A right-of-way granted, but not dedicated, for limited use on 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.
ENGINEER — A person licensed to practice in the Commonwealth of Pennsylvania as a registered professional engineer.
ESCROW — A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited by the City in a separate account.
FLOOD-PRONE AREA — A relatively flat or low land area adjoining a stream, river or watercourse which is subject to partial or complete inundation; or any area subject to the unusual and rapid accumulation of runoff or surface waters from any source.
FLOODWAY — The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the one-hundred-year magnitude. This definition and other flood-connected definitions relate to the Flood Insurance Study prepared by or for the Federal Insurance Administration and dated June 11, 2012. [Amended 9-20-1978 by Ord. No. 35-19783]
FRONTAGE — That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
GOVERNING BODY — Council or its lawful designee. [Amended 9-20-1978 by Ord. No. 35-1978]
GRADE — The inclination, with the horizontal, of a road, unimproved land, etc., which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM — A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
JOINT OWNERSHIP — Among persons shall be construed as the same owner; "constructive ownership" for the purpose of imposing subdivision regulations.
LAND DEVELOPMENT — Any of the following activities: [Amended 5-29-2001 by Ord. No. 14-2001]
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; or
(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.
B. A subdivision of land.
C. "Land development" does not include development which involves:
(1) 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;
(2) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building; or
(3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the 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.
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 having a remaining term of not less than 40 years or other person having a proprietary interest in land shall be deemed to be a "landowner" for the purpose of this chapter.
LAND PLANNER — A recognized professional individual or firm affiliated with registered engineers, architects and/or surveyors capable of preparing physical development or redevelopment plans.
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. [Amended 5-29-2001 by Ord. No. 14-2001]
LOT IMPROVEMENT — Any building, structure, place, work of art or other object, or improvement of the land on which they are situated, constituting a physical betterment of real property or any part of such betterment. Certain lot improvements shall be properly bonded as provided in this chapter.
LOT LINE — A line designating the boundary of a lot. The lot line may also be known as the "property line." Where the property abuts a right-of-way, the lot line shall be the line dividing the lot from the right-of-way.
MAINTENANCE GUARANTEE — A guarantee by the subdivider that he shall maintain all improvements in good condition for a period of one year after completion of construction and installation of all such improvements.
MAJOR SUBDIVISION — All subdivisions or resubdivisions not classified as minor subdivisions, including but not limited to subdivisions of two or more lots or any size subdivision requiring any new street or extension of the local governmental facilities or the creation of any public improvements.
MARKER — A metal pipe or pin of at least 3/4 inch in diameter and at least 24 inches in length.
MASTER PLAN - A plan providing specific emphasis on land use, zoning, housing, historic preservation, cultural resources, natural features, environmental or ecological resources, community development, corridor or streetscape enhancement, economic development, redevelopment or revitalization, parks and recreation, open space, parking, pedestrian or bicycle circulation, transportation, airports, education, libraries, health care, sanitary sewage disposal, water supply, utilities, conservation management, stormwater management, flood protection, scenic resources, tourism, solid waste management, recycling, emergency management services and/or other community issues. A Master Plan may include, promote, incorporate or implement specific elements of the “Comprehensive Plan.”
MINOR LAND DEVELOPMENT - The construction, expansion or redevelopment of a building that is not more than 2,500 square feet of gross floor area; where the area of disturbance is less than 5,000 square feet of land area; the property includes a change of use with minimal site improvements; not involving any new street or road or the extension of municipal facilities, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 600, Zoning, or this chapter.
MINOR SUBDIVISION — Any subdivision containing not more than five lots nor more than one principal building per lot, fronting on an existing street, not involving any new street or road or the extension of municipal facilities, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 600, Zoning, or this chapter.
MOBILE HOME — 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. [Amended 5-29-2001 by Ord. No. 14-2001]
MOBILE HOME LOT — A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home. [Amended 5-29-2001 by Ord. No. 14-2001]
MOBILE HOME PARK — 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. [Amended 5-29-2001 by Ord. No. 14-2001]
MONUMENT — A stone or concrete monument with a flat top at least four inches in diameter or square containing a copper or brass dowel (plug) and at least 24 inches in length. It is recommended that the bottom sides or radius be at least two inches greater than the top, to minimize movements caused by frost.
MULTIPLE-DWELLING BUILDING — A building housing three or more separate dwelling units.
MUNICIPAL AUTHORITY — A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."
4 [Amended 5-29-2001 by Ord. No. 14-2001]
MUNICIPALITY — The City of Reading, unless the sentence construction clearly indicates otherwise.
NONRESIDENTIAL SUBDIVISION — A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of this chapter.
OFFICIAL MAP — The map established by Council pursuant to law showing the streets, highways and parks, and drainage systems and setback lines theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by Council or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats.
ONE-HUNDRED-YEAR FLOOD — A flood that, on the average, is likely to occur once every 100 years, i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year. [Amended 9-20-1978 by Ord. No. 35-1978]
ORDINANCE — Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
OWNER — Any person, firm, association or syndicate, copartnership or corporation having a proprietary interest in any land sought to be subdivided in pursuance of this chapter.
PERFORMANCE GUARANTEE — Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Commission gives final approval to the plan, including performance bonds, escrow agreements and any other collateral or surety agreements.
PLAN, FINAL — A complete and exact subdivision plan, including all required supplementary data, prepared for official recording as by statute, to define property rights and proposed streets and other improvements.
PLAN, MAJOR STREET — That element of the Comprehensive Plan, now or hereafter adopted, which shows the general location, alignment and dimensions, and the identification and classification of existing and proposed streets, highways and other thoroughfares.
PLAN, OFFICIAL — The Comprehensive Development Plan and/or Master Plan and/or future land use plan and/or ultimate right-of-way plan and/or Official Map and/or topographical survey and/or other such plans, or portions thereof, as may have been adopted pursuant to statute for the area of the City in which the subdivision is located.
PLAN, PRELIMINARY — A tentative subdivision plan, including all required supplementary data, in lesser detail than a final plan, showing approximate proposed street and lot layout as a basis for consideration prior to the preparation of a final plan.
PLAN, PRELIMINARY/FINAL - A complete and exact subdivision or land development plan, including all required supplementary data, identified as such with the title “Preliminary/Final Plan,” prepared for official recording as by statute, to define property rights and proposed streets or other improvements, wherein the requirement to submit separate Preliminary and Final Plans has been waived by the Planning Commission.
PLAN, RECORD — The copy of the final plan which contains the original endorsements of the City Planning Commission, the County Planning Commission, or their authorized representatives, and which is intended to be recorded with the County Recorder of Deeds.
PLAN, SKETCH — An informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision.
PLAT — A map or plan of a subdivision, whether preliminary or final.
PUBLIC GROUNDS — Includes: [Amended 5-29-2001 by Ord. No. 14-2001]
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; and
C. Publicly owned or operated scenic and historic sites.
PUBLIC HEARING — A formal meeting held pursuant to public notice by the City Council or Planning Commission, intended to inform and obtain public comment prior to taking action in accordance with this chapter. [Amended 5-29-2001 by Ord. No. 14-2001]
PUBLIC MEETING — A forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. § 701 et seq. (October 15, 1998, P.L. 729, No. 93). [Amended 5-29-2001 by Ord. No. 14-20015]
PUBLIC NOTICE — Notice published once each week for two successive weeks in a newspaper of general circulation in the City. 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. [Amended 5-29-2001 by Ord. No. 14-2001]
PUBLIC IMPROVEMENT — Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect any improvement for which local government responsibility is established. All such improvements shall be properly bonded.
REGULATORY FLOOD ELEVATION — The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet. [Amended 9-20-1978 by Ord. No. 35-1978]
RESERVE STRIP — A panel of ground in separate ownership separating a street from other adjacent properties or from another street.
RESUBDIVISION or REVISED PLAN OF RECORD - Any revision, replatting or resubdivision of land that includes changes to the most recently approved final and recorded plan, or other change that modifies any street layout on such map or an area reserved thereon for public use; any lot line; or any map or plan legally recorded prior to the adoption of this regulation controlling subdivisions.
REVERSE FRONTAGE LOT — A lot extending between and having frontage on two generally parallel streets, excluding service streets, with vehicular access solely from one street.
REVIEW — Whenever the Planning Commission possesses such jurisdiction, the action of "review" also includes "review-and-approval" or, if necessary, "review-and-disapproval."
RIGHT-OF-WAY — A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or by another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plan is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plan on which such right-of-way is established.
ROAD RIGHT-OF-WAY WIDTH — The distance between property lines measured at right angles to the center line of the street.
SALE or LEASE — Any immediate or future transfer of ownership or any possessory interest in land, including contract of sale, lease, devise, intestate succession or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession or other written instrument.
SAME OWNERSHIP — Ownership by the same person, corporation, firm, entity, partnership or unincorporated association, or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner or associate, or a member of his family, owns an interest in each corporation, firm, partnership, entity or unincorporated association.
SANITARY SEWAGE DISPOSAL, ON-SITE — Any structure designed to biochemically treat sanitary sewage within the boundaries of an individual lot.
SANITARY SEWERAGE SYSTEM, PUBLIC — A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a water pollution control facility.
SEPTIC TANK — A covered watertight settling tank in which raw sewage is biochemically changed into liquid or gaseous states to facilitate further treatment and final disposal.
SETBACK — The distance between a structure and the lot line nearest thereto.
SHADE TREE — A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in this chapter and Chapter 555, Part 1, Shade Trees.
SIGHT DISTANCE — The required length of roadway visible to the driver of a motor vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made from a point 4 1/2 feet above the center line of the road surface to a point 1/2 foot above the center line of the road surface.
SOIL PERCOLATION TEST — 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 time and location.
STREET — Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. [Amended 5-29-2001 by Ord. No. 14-2001]
A. COLLECTOR STREET — A street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units and a means of access to community facilities and/or other collector and major streets. Streets in industrial and commercial subdivisions shall generally be considered collector streets.
B. CUL-DE-SAC STREET — A minor street intersecting another street at one end and terminating in a vehicular turnabout at the other end.
C. INTERNAL STREET — A minor street used for circulation and access within a development project involving multi-residence or commercial or industrial uses.
D. MAJOR STREET (ARTERIAL) — A street serving a large volume of comparatively high- speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
E. MARGINAL ACCESS STREET — A minor street, parallel and adjacent to a major street, but separated from it by a reserve strip, which provides access to abutting properties and control of intersections with the major streets.
F. MINOR STREET — A street used primarily to provide access to abutting properties.
STRUCTURE — Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. [Amended 5-29-2001 by Ord. No. 14-2001]
SUBDIVIDER — Any individual, copartnership or corporation or agent authorized thereby which undertakes the subdivision or development of land, as defined by this chapter, as the owner, equitable owner, or agent authorized thereby, of the land being subdivided or developed.
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:
A. A subdivision, as defined above, includes the division, over any period of time after the enactment of this chapter, of a recorded parcel of land having frontage on an existing or proposed street into two or more parcels having frontage on the existing or proposed street.
B. For the purpose of this chapter, the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall not be deemed a subdivision.
C. The term "subdivision" shall also include any development of a parcel of land, for example, as an industrial park, a shopping center or a multiple-dwelling project, which involves installation of streets and/or alleys, even though the streets and/or alleys might not be dedicated to public use and the parcel might not be divided immediately for purposes of conveyance, transfer or sale, or even though the owner does not transfer legal or equitable title; for example, structures for rental purposes.
D. The term "subdivision" includes resubdivision or any replatting of land, including changes to recorded plans.
E. The term "subdivision" shall refer, as appropriate in this chapter, to the process of subdividing land or to the land proposed to be subdivided.
SUBDIVISION, MAJOR — See "major subdivision."
SUBDIVISION, MINOR — See "minor subdivision."
SUBDIVISION PLAT OR PLAN — The final map or drawing, described in this chapter, on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted and recorded with the County Recorder of Deeds.
SURVEYOR — A licensed surveyor registered by the Commonwealth of Pennsylvania.
WATER SURVEY — An inventory of the source, quantity, yield and use of groundwater and surface water resources within the City. [Amended 5-29-2001 by Ord. No. 14-2001]
2. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).
3. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).
4. Editor's Note: See now 53 Pa.C.S.A. § 5601 et seq.
5. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).