For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS DRIVE. A private drive providing vehicular access between a public or private street and a building, parking area and/or loading area within a land development.
ALLEY. See STREET, SERVICE STREET.
APPLICANT. A landowner or developer, who has filed an application for development, including his or her heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT. Every application, whether preliminary or final, 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 land development plan.
ARCHITECT. A licensed architect in the commonwealth.
BLOCK. All land fronting on one side of a street between the nearest streets, intersecting, meeting or crossing the aforesaid street.
BOROUGH. The Borough of Topton, Berks County, Pennsylvania.
BOROUGH PLANNING COMMISSION or PLANNING COMMISSION. The Planning Commission of the Borough of Topton, Berks County, Pennsylvania.
BUILDING. A structure having a roof supported by columns or walls, or any structure affording shelter to persons, animals or chattels.
BUILDING SETBACK LINE. The line within a property defining the minimum required distance between any building and a street right-of-way.
CARBONATE AREA. An area containing limestone soils.
CARTWAY. The portion of a street, paved or unpaved, intended for vehicular use.
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 centerlines.
COMMON PARKING AREA. A parking facility other than that provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semi-detached dwelling, one townhouse, one two-family detached dwelling or one two-family semi-detached dwelling is located.
COMMON OPEN SPACE. A parcel or adjacent parcels of land or an area of water, or a combination of adjacent land and water within a development site designed and intended for the use of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
COUNTY. The County of Berks, Commonwealth of Pennsylvania.
COUNTY PLANNING COMMISSION. The Planning Commission of the County of Berks, Commonwealth of Pennsylvania.
CROSSWALK. A right-of-way for public use to facilitate pedestrian access in a subdivision. Also, an area for pedestrians to cross a street.
DEVELOPER (SUBDIVIDER). 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.
DISTRICT or ZONING DISTRICT. An area including all buildings and lots within certain designated boundaries, as indicated on the zoning map.
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 damage.
DRY BOTTOM WATER STORAGE AREA. A human-made area used to detain surface water and meter the flow at an acceptable rate.
DWELLING.
(1) MULTIPLE-FAMILY DWELLING. A building arranged, designed and intended for three or more dwelling units and which includes the following housing types.
(a) APARTMENT BUILDING. A building on a single lot arranged, intended or designed to be occupied as a residence for three or more families, and in which the dwelling units may be separated horizontally and/or vertically.
(b) TOWNHOUSE. A building arranged, intended or designed to be occupied exclusively as a residence for one family which is one of a group of three or more such dwelling units, placed side by side and separated by unopened party walls, each dwelling having at least one separate entrance from the outside.
(2) SINGLE-FAMILY DETACHED DWELLING. A building arranged, intended or designed to be occupied exclusively as a residence for one family and having no party wall with an adjacent building. The term SINGLE-FAMILY DETACHED DWELLING shall include factory built MODULAR HOME and MOBILE HOME that shall be placed on a permanent perimeter foundation.
(a) MOBILE HOME. A transportable, single-family detached 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 incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. MOBILE HOMES shall be constructed in accordance with safety and construction standards of the U.S. Department of Housing and Urban Development. The term MOBILE HOME shall not include recreation vehicle nor a modular home placed on a permanent perimeter foundation.
(b) MODULAR HOME. Any structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on the building site; housing units defined as mobile homes are excluded from this definition.
(3) SINGLE-FAMILY SEMI-DETACHED DWELLING. A building arranged, intended or designed to be occupied exclusively as a residence for two families, each family living on either side of a party wall.
(4) TWO-FAMILY DETACHED DWELLING. A building arranged, intended or designed to be occupied exclusively as a residence for two families, with one family living wholly or partly over the other and with no party wall with an adjacent building.
DWELLING UNIT. A building or portion thereof providing one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, and having no cooking or sanitary facilities in common with any other DWELLING UNIT.
EASEMENT. A right-of-way granted, for limited use of private land for public or quasi-public purpose, and within which the owner of the property shall not erect any permanent or temporary structures, plant or cause to have planted any trees or shrubs, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee or this chapter.
ENDORSEMENT. The application of the following to the final plan:
(1) County Recorder of Deeds signature and appropriate stamp;
(2) County Planning Commission’s appropriate stamp and signature of the executive director;
(3) Signatures of the majority of the Borough Planning Commission members; and
(4) Signatures of the majority of the Borough Council.
ENGINEER. A professional engineer, registered by the commonwealth.
FAMILY. An individual or two or more persons related by blood, marriage or adoption and not more than two additional persons unrelated to such persons, or a group of not more than two persons who need not be related by blood or marriage, all living together as a single housekeeping unit and using common cooking facilities, and including bona fide servants with or without separate accommodation thereof.
FLOODPLAIN. A land area susceptible to being inundated by water from any source.
GRADE. The inclination, with the horizontal, of a road, unimproved land and the like, which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.
IMPROVEMENTS. Any human-made physical addition or change to the land.
IMPROVEMENTS GUARANTEE or PERFORMANCE GUARANTEE. Any security which is accepted by the borough to guarantee that certain improvements will be made within the subdivision or land development, including letters of credit, performance bonds, escrow agreements and any other collateral or surety agreements.
LAND DEVELOPMENT.
(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 features.
(2) A subdivision of land.
(3) The following land development activities shall be excluded from the definition of a land development:
(a) The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(b) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
(c) 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 division (3)(c), an AMUSEMENT PARK is defined as a tract or area used principally 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 Borough Council.
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 if he or she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPE ARCHITECT. A landscape architect, registered in the commonwealth.
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 all street rights-of-way.
LOT, FLAG. A lot of irregular shape that has a narrow access strip (not meeting the minimum lot widths requirements of the borough zoning ordinance and thus too narrow for the construction of a principal building) leading from a street or other right-of-way to a wider portion of the lot which is intended for construction or a principal building and which wider portion complies with the minimum lot width requirements of the borough zoning ordinance.
MAINTENANCE GUARANTEE. A guarantee by the developer of the structural integrity of improvements dedicated to the borough for a period of not less than 12 months nor more than 18 months from the date said improvements are dedicated to the borough.
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.
MOBILE HOME PARK. A parcel or contiguous parcels of land which has been designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.
MONUMENT.
(1) A stone or concrete MONUMENT with a flat top at least four inches in diameter or square, containing a copper or brass dowel (one-fourth inch drill hole) 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.
(2) An iron pin at least 30 inches in length with the bottom encased in concrete to a minimum depth of eight inches.
MUNICIPAL ENGINEER or BOROUGH ENGINEER. A professional engineer or a firm of engineers licensed as such in the commonwealth, duly appointed as the engineer for Borough of Topton.
MUNICIPALITY. Borough of Topton, Berks County, Pennsylvania.
OFFICIAL MAP. See PLAN, OFFICIAL.
PARCEL. See LOT.
PLAN, FINAL. A complete and exact subdivision or land development plan (including all required supplementary data), prepared for official recording to define property rights and proposed streets and other improvements.
PLAN, OFFICIAL. The comprehensive 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 by borough.
PLAN, PRELIMINARY. A tentative subdivision or land development plan (including all required supplementary data), in lesser detail than a final plan, showing, among other things, topographical data and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
PLAN, RECORD. The copy of the final plan which contains the original endorsements of the County Planning Commission, Borough Council and the Borough Planning Commission and which is intended to be recorded or has been with the County Recorder of Deeds.
PLAN, SKETCH. An informal plan indicating salient existing features of a tract and the general layout of a proposed subdivision or land development.
PLAT. A map or plan of a subdivision or land development, whether preliminary or final.
PUBLIC GROUNDS. Parks, playgrounds, trails, paths and other recreational areas; sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; publicly owned or operated scenic and historic sites.
PUBLIC HEARING. A formal meeting held pursuant to public notice by the governing body or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the Municipalities Planning Code, being 53 P.S. § 10101 et seq.
PUBLIC MEETING. A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the “Sunshine Act”, being 65 Pa.C.S. § 701.
RESERVE STRIP. A parcel of ground in separate ownership separating a street from other adjacent properties, or from another street, either proposed or existing.
RESUBDIVISION. Any replatting of land, including changes to recorded subdivision or land development plans. See also SUBDIVISION.
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.
RIGHT-OF-WAY. Any land reserved or dedicated as a street, alley, crosswalk or for other public or semi-public purposes.
SANITARY SEWAGE DISPOSAL SYSTEM, ON-SITE. Any structure designed to treat sanitary sewage within the boundaries of an individual lot.
SANITARY SEWERAGE SYSTEM, COMMUNITY. A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, serving a neighborhood area or single subdivision or land development.
SANITARY SEWERAGE SYSTEM, PUBLIC. A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, not confined to one neighborhood, subdivision or land development and operated by the borough or municipal authority.
SIGHT DISTANCE. The required length of roadway visible to the driver of a vehicle at any given point on the roadway when the view is unobstructed by traffic. SIGHT DISTANCE measurement shall be made from a point three and three-fourths feet above the centerline of the road surface to a point one- half foot above the centerline of the road surface.
SINGLE ACCESS DEVELOPMENT. A subdivision or land development, whether existing or proposed, that ultimately has only one street intersection with a public through street regardless of the internal street system or vehicular circulation patterns.
SINGLE ACCESS STREET. A street intersecting a (public) through street and said intersection provides the sole access to abutting properties within any subdivision or land development whether existing or proposed.
SOLID WASTE. Garbage, refuse and other discarded materials.
STREET. A strip of land, including the entire right-of-way (i.e., not limited to the cartway) intended to be used by vehicles or pedestrians. The word STREET includes avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. STREETS are further classified according to the function they perform.
(1) ARTERIAL STREET. A street serving a large volume of comparatively high speed and long distance traffic.
(2) COLLECTOR STREET. A street which intersects minor streets to provide access to community facilities or other COLLECTOR or arterial streets. Generally, streets in industrial and commercial subdivisions shall be considered COLLECTOR STREETS.
(3) CUL-DE-SAC STREET.
(a) A minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end or, a minor street which intersects another street at one end, forms a loop and intersects itself.
(b) The length of a cul-de-sac street shall be measured from the street intersection to the farthest portion of the turnaround, along the centerline of the cul-de-sac street.
(4) HALF (PARTIAL) STREET. A street, generally parallel and adjacent to a property line, which is less than the full required right-of-way width.
(5) MARGINAL ACCESS STREET. A minor street parallel and adjacent to an arterial or collector street, but separated from it by a reserve strip, which provides access to abutting properties and control of intersections with the arterial or collector street.
(6) MINOR STREET. A street used primarily to provide access to abutting properties or buildings.
(7) SERVICE STREET (ALLEY). A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STREET, THROUGH. A street that provides connectivity to the borough street network in both directions.
STRUCTURE. Any human-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDER. 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.
SUBDIVISION.
(1) The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels of other division 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 agriculture purposes into parcels of more than ten acres not involving any new street or easement of access or any residential dwelling shall be exempted. The term SUBDIVISION shall refer, as appropriate in this chapter, to the process of subdividing land or to the land proposed to be subdivided. The term SUBDIVISION includes resubdivision.
(2) The enumerating of lots shall include as a lot that portion of the original tract remaining after other lots have been subdivided therefrom.
SUBSTANTIALLY COMPLETED. Where, in the judgment of the municipal 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.
SURVEYOR. A licensed surveyor registered by the commonwealth.
TURNAROUND. An area of specified dimensions and material intended for use by vehicles for the purpose of making turning movements at the terminus of a street.
VIEWSHED. The entire area an individual can see from a given point.
VISTA. A view to or from a particular point with a characteristic emphasis on length, as along a corridor or down an avenue, and with some sense of narrow enclosure, as through a canyon or between rows of trees or buildings.
WATER DISTRIBUTION SYSTEM, COMMUNITY. A system for supplying and distributing water from a common source to two or more dwellings and/or other buildings within a single neighborhood, subdivision or land development.
WATER DISTRIBUTION SYSTEM, ON-SITE. A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.
WATER DISTRIBUTION SYSTEM, PUBLIC. A system for supplying and distributing water from a common source to dwellings and other buildings, but not confined to one neighborhood, subdivision or land development and operated by the borough, municipal authority, or private company.
WET BOTTOM WATER STORAGE AREA. A water storage area in which a permanent water surface is maintained.
WETLANDS. Those areas that are inundated or saturated by surface or ground water 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; and those areas which may be classified as wetlands under applicable guidelines issued by the federal government or by the commonwealth.
(Ord. 1-2006, passed 5-8-2006)