ARTICLE 2

DEFINITIONS

SECTION 200 GENERAL INTERPRETATION

Words used in the present tense include the future. Words in the masculine gender include the feminine and the neuter. The singular includes the plural, and the plural the singular. The word "may" is permissive. When used in this Ordinance, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise, or unless the context clearly indicates otherwise.

ABUT: Next to or adjacent to, and includes the words "directly across from streets, natural features, and right-of-ways."

ACCESS DRIVE: A private road or roads connecting a development such as a school, hospital, commercial, industrial or housing complex with a public street.

ACRE: 43,560 square feet.

ADJACENT: A state of being side by side, next to, adjoining, contiguous, or abutting one to another, and includes the words "directly across from streets, natural features, and right-of-ways."

ADMINISTRATOR: The person designated by the Franklin Township Board of Supervisors who is authorized to accept and receive subdivision and land development plans and applications for and on behalf of the Township.

ALLEY: A public or private right-of-way affording secondary means of access to abutting property.

APPLICANT: A landowner or developer who has filed an application for a subdivision or land development, including his heirs, successors and assigns.

BASE FLOOD ELEVATION: The highest elevation, expressed in

feet above mean sea level, of the flood waters of a 100-Year Flood, as projected and delineated upon the most recent official Flood Insurance Rate Map, published by the Federal Insurance Administration.

BLOCK: A unit of land bounded by streets or by a combination of streets and public land, railroad right-of-ways, waterways or any other barrier to the continuity to development.

BOARD OF SUPERVISORS: The Board of Supervisors of Franklin Township, Luzerne County, Pennsylvania.

BUILDING: Any structure built for the support, shelter, or enclosure of persons, animal, or property of any kind.

BUILDING SETBACK LINE: The minimum distance as required in

the Zoning Ordinance between any building or structure, to the front, rear, or side property line.

CARTWAY: The paved portion of a street or alley designated, intended or capable of being used for vehicular travel.

CATCH BASIN: An inlet designated to intercept and redirect surface storm water.

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.

COMPREHENSIVE PLAN: The most recent Comprehensive Plan, and any amendments thereto, as adopted by Franklin Township.

COMMON OPEN SPACE: A specific area of land or water, or a combination of land and water within a development site, designed and intended for the principal use or enjoyment of residents of the development, not including streets, off-street parking areas and areas set aside for public facilities.

CONSTRUCTION PLANS: The maps or drawings accompanying a

subdivision or land development plan and showing the specific location and design of improvements to be installed in accordance with the requirements of this Ordinance and in accordance with any terms or conditions as set forth by the Planning Commission.

COUNTY: Luzerne County, Pennsylvania.

COUNTY PLANNING COMMISSION: The Luzerne County Planning Commission.

COVENANT: A restriction on the use of land usually set forth in the deed. A covenant usually runs with the land and the restrictions thereunder are binding upon subsequent owners.

CRITICAL AREA: An area with one or more of the following characteristics: (1) slopes in excess of twenty percent; (2) flood plain and/or wetlands; soils classified as having a high water table; (4) soils classified as highly erodible, subject to erosion or highly acidic; (5) land incapable of meeting percolation requirements.

CULVERT: A drain, ditch, or conduit not incorporated in a closed system that carries storm drainage water under a driveway, roadway, or railroad.

DEVELOPER: Any landowner, agent of such landowner, or tenant with the

permission of such landowner, who makes or caused to be made a subdivision of

land or a land development.

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.

DEVELOPMENT PLAN: The provisions for development included within an

application for a subdivision and/or land development, including all covenants

relating to use, location and bulk of buildings and other structure intensity

of use or density of development, streets, ways and parking facilities, common

open space, easements and public facilities. The phrase "development plan" shall

mean the written and graphic materials referred to in this definition.

DISTRICT OR ZONING DISTRICT: A portion of the territory of the Township

within which certain uniform regulations and requirements or various combinations

thereof apply under the provisions of this Ordinance.

DRAINAGE: (1) Surface water runoff; (2) The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.

DRAINAGE EASEMENT: An easement required for the installation of storm water sewers or drainage ditches, and/or required for the preservation or maintenance of a natural stream or water course or other drainage facility.

DRIVEWAY: A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having a frontage on the road.

DWELLING: One or more rooms, designed, occupied or intended for occupancy as separated living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

A. DWELLING, SINGLE-FAMILY: A detached building arranged

or used for occupancy by one (1) family.

B. DWELLING, TWO FAMILY: A detached or semidetached building where not more than two (2) individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar.

C. DWELLING, MULTIPLE: A building containing three or more dwelling units entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar.

EASEMENT: 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 or another person or entity.

ENGINEER: A registered professional engineer licensed and registered as such by standards established by the Commonwealth of Pennsylvania.

EROSION: The removal of surface material by the action of natural elements.

EXCAVATION: Any act by which earth, sand, gravel, rock or any other material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed. It shall include the conditions resulting therefrom.

FILL: Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped or moved to a new location above the natural surface or on top of the stripped surface. It shall include the conditions resulting therefrom. The difference in elevation between the point on the original ground and a designated point of the higher elevation of the final grade.

FINAL APPROVAL: Last official action of the Franklin Township Planning Commission granting approval of a subdivision or land development which has been granted preliminary approval, after all conditions and requirements have been met, including as applicable, the installation of all required improvements or the posting of an acceptable form of a financial security to guarantee the installation of such.

FINANCIAL SECURITY: A form of security, including an irrevocable letter of credit, a cash deposit, an escrow agreement or other similar collateral or surety agreements, from Federal or Commonwealth chartered lending institutions in an amount and form acceptable to the Franklin Township to be used in accordance with applicable provisions of this Ordinance to guarantee completion of public and/or required improvements..

FLOOD: A temporary condition of partial or complete inundation of normally dry land areas occurring from the overflow of inland waters and/or the unusual and rapid accumulation of runoff and surface waters from any source.

FLOOD FRINGE: The portion of a 100-Year Flood Plain outside of the Floodway, as delineated upon the most recent Flood Hazard Boundary Maps as published by the Federal Insurance Administration.

FLOOD HAZARD BOUNDARY MAP: The most recent map, as published

by the Federal Insurance Administration, which delineates the boundaries of the

Floodway and Flood Fringe of a 100-Year Flood Plain.

FLOOD INSURANCE RATE MAPS: The most recent map, as published by the Federal Insurance Administration, which delineates areas of special flood hazards, base flood elevations and applicable risk premium zones of a 100-Year Flood Plain.

FLOOD PLAIN (100-YEAR FLOOD PLAIN): Areas of land which are

subject to inundation by waters of a one hundred (100) year flood. The source of delineating the boundaries of a one hundred (100) year flood plain shall be based upon the most recent maps of the Flood Insurance Administration.

FLOODPROOFING: A combination of structural provisions, changes or

adjustments to properties and structures subject to flooding for the reduction or

elimination of flood damage to properties, water and sanitary facilities and other

utilities, structures and the contents of buildings.

FLOODWAY: The portion of a 100-Year Flood Plain, as delineated upon the most

recent Flood Hazard Boundary Maps as published by the Federal Insurance

Administration, which is designated to carry and discharge water and flow of a

100-Year Flood without increasing the water surface elevation by more than one

(1) foot at any given point.

GOVERNING BODY: The Franklin Township Board of Supervisors.

GRADE: The slope of a road, street or other public or private way, specified in percentage terms.

GRADING: Any stripping, gutting, filling, stockpiling of earth or land, including the land in its cut or filled condition.

HIGHWAY OCCUPANCY PERMIT: A permit, issued by Franklin Township, the Pennsylvania Department of Transportation and/or the Luzerne County Road and Bridge Department, which authorizes access from a parcel of land onto a street or highway which is under their jurisdiction.

HOMEOWNERS ASSOCIATION: A community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.

IMPACT ANALYSIS: A study, which may be required by the Franklin Township Planning Commission prior to preliminary or conditional approval of a subdivision or land development, to determine the potential impact of a proposed development on activities, utilities, traffic generation and circulation, surrounding land uses, community facilities, environmental features, critical areas, the health, safety and welfare of residents and other factors directly, indirectly or potentially affected. The developer and/or applicant shall be responsible for all costs related to the any and all reports and/or studies required by the Franklin Township Planning Commission under or within the context of the term "IMPACT ANALYSIS." The developer and/or applicant shall also be responsible to fully reimburse the Township for all engineering and/or other consulting fees which are incurred for the review of any required studies or reports.

IMPROVEMENTS: Man-made physical additions, alterations and/or changes

which becomes part of, placed upon, or is affixed to real estate.

LAND DEVELOPMENT: 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.

(B) A single nonresidential building on a lot or lots with two (2) or more occupants regardless of their tenure.

(C) A single nonresidential building, designed or intended for a single occupant, with a minimum gross floor area of not less than four thousand (4,000) square feet, excluding agricultural buildings and/or structures.

(D) Any nonresidential use of land, with or without structures, which encompasses two (2) or more acres of land, including grading and/or the backfilling of land, earth moving activities, and/or removal of vegetative cover. Agricultural uses of land and/or related agricultural activities shall be specifically excluded.

(E) 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.

(F) the conversion of an existing single-family detached dwelling or single family semidetached dwelling into more than three (3) residential units. Any conversion, described above, which results in not more than three (3) residential units shall be deemed as a land development if the units are intended to be a condominium.

(G) the development of a mobile home park or a campground or the expansion of an existing mobile home park or a campground.

(H) a single residential structure containing five (5) or more residential units.

The development of any accessory building, including farm buildings, on a lot or lots which are subordinate to an existing principal building shall not be classified as a "Land Development."

LAND DEVELOPMENT: MAJOR: A land development which does not qualify or classify as a minor land development.

LAND DEVELOPMENT: MINOR: A development of a parcel of land which contains not more than two (2) detached single family residential structures, whether developed initially or cumulatively.

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 is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land, shall be deemed to be a landowner for the purpose of this Ordinance.

LAND SURVEYOR: A person who is licensed and registered by the Commonwealth of Pennsylvania, which qualifies said person to perform accurate field measurements including the description and definition of land boundaries.

LOT: A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.

LOT AREA: The total area within the lot lines of a lot, excluding any street right-of-ways.

LOT, CORNER: A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

LOT COVERAGE: That portion of the lot that is covered by buildings and structures.

LOT DEPTH: The distance measured from the front lot line to the rear lot line.

LOT FRONTAGE: The length of the front lot line measured at the street right-of-way line.

LOT INTERIOR: A lot other than a corner lot.

LOT LINE: A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

LOT LINE, FRONT: The lot line separating a lot from a

street right of way.

LOT LINE, REAR: The lot line opposite and most distant from the front lot line, or

in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length

entirely within the lot, parallel to and at a maximum distance from the front lot

LOT LINE, SIDE: Any lot line other than a front or rear lot line.

LOT, MINIMUM AREA OF: The smallest lot area established by the zoning

ordinance on which a use or structure may be located in a particular zoning

district.

LOT, THROUGH: A lot which fronts upon two parallel streets, or which fronts

upon two streets which do not intersect at the boundaries of the lot.

LOT WIDTH: The horizontal distance between the side lines of a lot measured at

right angles to its depth along a straight line parallel to the front lot line at the

minimum required building setback line.

MOBILE HOME: A transportable, single family dwelling intended for permanent occupancy, and contained in one unit, or two units designed to be joined into one integral unit, 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 with or without a permanent foundation when connected to required utilities.

MOBILE HOME LOT: A parcel of land in a mobile home park, improved with the necessary utility connection and other appurtenances necessary for the erection thereon of a single mobile home, which is leased or rented by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK: A site with required improvements and utilities for the long term placement of mobile homes which may include services and facilities for the residents.

MULTIPHASE DEVELOPMENT: A development project that is to be constructed in stages, each stage being capable of existing independently of the others.

MUNICIPALITY: The Franklin Township, Luzerne County, Pennsylvania.

NATURAL DRAINAGE FLOW: The pattern of surface and storm water drainage from a particular site before the construction or installation of improvements or prior to any regrading.

NONCONFORMING LOT: A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

NONCONFORMING STRUCTURE OR BUILDING: A structure or building

the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the Zoning Ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

NONCONFORMING USE: A use or activity which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

OFFICIAL MAP: A Township Map adopted by Ordinance conclusively showing the location of the lines of existing and proposed public streets, watercourses, and public grounds including the widening, narrowing, extension, diminution, opening or closing of the same, for the entire Township.

OFFICIAL SOIL MAP: Soil survey maps of Luzerne County as provided by the Luzerne County Conservation District.

OFFICIAL SOILS INTERPRETATION: The written description of soil types and their characteristics and accompanying maps based upon soil survey maps of Luzerne County as provided by the Luzerne County Conservation District.

ONE HUNDRED (100) YEAR FLOOD: A flood that, on the average, is likely to occur once every one hundred (100) years and has a one (1) percent chance of occurring each year.

ONE HUNDRED (100) YEAR FLOOD PLAIN: The areas within the Township that have a one (1) percent chance of being flooded in any given year based upon the most recent data and maps as provided by the Federal Insurance Administration.

ORDINANCE: The Franklin Township Subdivision and Land Development Ordinance, and any amendments thereto.

PERSON: An individual, partnership, organization association, trust, or corporation. When used in a provision, "person" shall include the members of such partnership, the trustees of such trust, and the officers of such organization association, or corporation.

PLANNED RESIDENTIAL DEVELOPMENT: An area of land controlled by a landowner, to be developed as a single entity for a number of dwelling units, with a development plan which does not correspond in lot size, bulk or type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one zoning district created, from time to time, under the provisions of the Franklin Township Zoning Ordinance.

PLAN OR PLAT: The map or plan of a subdivision or land development:

A. Preliminary Plan: The preliminary drawings and any accompanying data, which accurately shows the proposed layout of lots, streets, improvements and other information a required by this Ordinance, with all such material being properly indicated in title as "Preliminary Plan".

B. Final Plan: A complete and exact plan prepared for official recording with the Luzerne County Recorder of Deeds, as required by this Ordinance with said plan being properly indicated in title as "Final Plan".

PLANNING COMMISSION: The Planning Commission of Franklin Township.

PUBLIC IMPROVEMENTS: Any street, roadway, sidewalk, pedestrian right-of-way, drainage facility, recreation area, off-street parking area, lot improvement, or other facility for which Franklin Township may ultimately assume the responsibility of maintenance and operation or which may affect an improvement for which Franklin Township's responsibility is established.

PUBLIC HEARING: A formal meeting held pursuant to public notice by the Township Board of Supervisors or the Planning Commission, intended to inform and obtain public comment, prior to taking action on a particular subject.

PUBLIC NOTICE: A notice published once each week for two (2) successive weeks in a newspaper of general circulation in Township. 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 thirty days and the second publication shall not be less than seven days from the date of the hearing.

RESUBDIVISION: A change in a map of an approved or recorded subdivision plat affecting any street layout on such map, any area reserved therein for public use, or any lot line.

RIGHT-OF-WAY: A defined and designated area for vehicular or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, or alley, and including both cartway and shoulders.

SANITARY SEWER: Pipes that carry only domestic or commercial sewage and into which storm, surface and ground waters are not intentionally admitted.

SEDIMENTATION: The depositing of earth or soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SEPTIC SYSTEM: An underground system with a septic tank used for the decomposition of domestic wastes, in which bacteria in the wastes decompose the organic matter, and the sludge settles to the bottom. The effluent flows through drains into the ground. Sludge is pumped out at regular intervals.

SEPTIC TANK: A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof, and is designed and constructed so as to permit settling of solids from this liquid, digestion of the organic matter, and discharge of the liquid portion into a disposal area.

SEWAGE DISPOSAL SYSTEM; CENTRAL: A means of collecting sanitary sewage from individual lots by a system of pipes which transports the sewage to a central treatment and disposal system, with all aspects of the system being constructed and operated in compliance with all governing federal, state, and Township regulations.

SEWAGE DISPOSAL SYSTEM; ON-LOT: A structure designed to biochemically treat sewage within the boundaries of an individual lot.

SITE: An plot or parcel of land or combination of contiguous lots or parcels of land.

SOIL EROSION AND SEDIMENTATION CONTROL PLAN: A plan that indicates necessary land treatment measures, as approved by the Luzerne County Conversation District, designed to effectively minimize soil erosion and sedimentation.

SOIL PERCOLATION TEST: A field test conducted to determine the suitability of the soil and site conditions for an on-lot sewage disposal system by measuring the absorption capacity of the soil at a given depth and location.

STORM SEWER: A pipe that collects and transports rainwater, surface water, and other liquid waste exclusive of sewage.

STREET: A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, parkway, drive, lane, boulevard, highway, road and alley.

A. Arterial: Arterials are designed primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. They are also designed for medium to heavy volumes at moderately high speeds with restricted vehicular access to abutting properties.

B. Collector Street: Collector streets are designed to carry a moderate volume of traffic between local streets and arterials, and provide only limited vehicular access to the abutting properties.

C. Local Street: Local streets provide direct access to abutting properties and provide routes to collector streets.

D. Cul-De-Sac A minor or local street with a single common ingress and egress and with a turnaround located at its end.

E. Dead End Street: A street with a single common ingress and egress.

F. Limited Access A street designed to carry a high volume of traffic and usually designated as an expressway, freeway, highway or boulevard. Owners or occupants of abutting property normally have no expressed or legal right to access to or from the same.

SUBDIVISION: The division or redividing 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 ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

A. Subdivision; Major: Any subdivision which does not qualify or classify as a minor subdivision.

B. Subdivision; Minor: A subdivision of a parcel of land into not more than three (3) lots, which, has access, direct or indirect, to an existing public street or road and does not require any expenditures for the extension of any street or the extension or creation of any public improvements, does not adversely affect the remainder of the parcel or adjoining property and does not conflict with the Comprehensive Plan,. Any proposed subdivision of a lot of record, which resulted from a minor subdivision shall be classified as a major subdivision, when the cumulative number of lots, from the original lot of record and/or any resulting lot, exceed three (3) lots within five (5) years from date of its approval under a minor subdivision classification. Information stating the above requirement shall be included upon all deeds for lots created under a minor subdivision

SUBSTANTIALLY COMPLETED: The point at which, in the judgment of the municipal engineer, at least 90% of those improvements required as a condition for final approval, based upon the cost of the posted financial security, 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.

STRUCTURE: Any man-made object having an ascertainable stationary located on or in land or water, whether or not affixed to the land.

WATERCOURSE: A permanent or intermittent stream, river, brook, creek, or channel or ditch for collection and conveyance of water, whether natural or man made.

WATER TABLE: The upper surface of groundwater, or that level below which the soil is seasonally saturated with water.

WATER SUPPLY AND DISTRIBUTION SYSTEM, CENTRAL: A system for supplying and distributing water from a common source to two or more dwelling units and/or other buildings within a subdivision or land development, with the total system being publicly or privately owned.

WATER SUPPLY AND DISTRIBUTION SYSTEM, ON-LOT: A system for supplying and distributing water to a single dwelling or other type of principal building from a source located upon the same lot.

WETLANDS: Those areas that are inundated or 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. The term includes but is not limited to wetlands areas listed in the State Water Plan, the United States Forest Service Inventory of Pennsylvania, the Pennsylvania Coastal Management Plan and any wetland area designated by a river basin commission.

YARD: An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance.

Front Yard: A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.

Rear Yard: A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.

Side Yard: A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building.

ZONING OFFICER: An administrative officer authorized to administer the literal terms and provisions of the Zoning Ordinance.

ZONING ORDINANCE: The governing Zoning Ordinance of Franklin Township, and any subsequent amendments.

ZONING PERMIT: A permit requiring approval by the Zoning Officer as a condition prior to the commencement of a use of property, with or without improvements.