[Ord. 215, 5/18/2004, § 3.00]
1.
Unless otherwise expressly stated or the context clearly indicates
another meaning, the following words and phrases shall be construed
throughout this chapter to have the meanings indicated below.
2.
For the purpose of this chapter, words and terms used herein shall
be interpreted as follows:
A.
Words used in the present tense include all other tenses.
B.
The singular includes the plural, and the plural includes the singular.
C.
The word "person" includes an individual, estate, trust, firm, corporation,
partnership, company, association or government entities including
a trustee, a receiver, an assignee or a similar representative.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The word "may" is permissive; the words "shall" and "will" are mandatory.
F.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, or designed
to be occupied."
G.
The words "as amended from time to time" and the like as applied
to any statute, ordinance, code regulation, plan or map, includes
replacements, supplements or restatements thereof.
H.
References to a particular part, section or subsection which inherently
refers to other parts, sections or subsections, includes all parts,
sections or subsections referred to.
I.
The word "municipal," "municipality" or "Township" shall mean Solebury
Township.
J.
The words "governing body" or "Board of Supervisors" refer to the
Solebury Township Board of Supervisors.
K.
The word "Commission" and the words "Planning Commission" always
mean the Solebury Township Planning Commission.
L.
The term "approval by the Township" shall mean approval by the Board
of Supervisors.
M.
The words "Zoning Ordinance" always refer to the Solebury Township Zoning Ordinance [Chapter 27], as amended.
N.
The words "municipal plan" and "Comprehensive Plan" refer to the
Solebury Township Comprehensive Plan.
3.
The terms "such as," "including" and the like are intended to introduce
matters which are illustrative of the meaning of the sentence, clause
or phrase in which such terms appear without limiting or derogating
from the general application of the sentence, clause or phrase in
which such terms appear.
4.
In addition to the definitions in this part, additional definitions
in the appendices to this chapter relating to water resources, soil
erosion and sediment control, and stormwater management shall apply.
In case of conflict, the more stringent or restrictive definition
shall apply.
5.
Where a definition does not appear in this chapter, the Township Zoning Ordinance [Chapter 27] shall be referenced. Where the term appears in the Zoning Ordinance [Chapter 27], that definition shall govern. Any other word or term not defined herein shall be used with a meaning of standard usage.
[Amended by Ord. No. 2021-007, 10/19/2021]
[Ord. 215, 5/18/2004, § 3.01; as amended by Ord.
2011-5, 5/3/2011, Art. I; by Ord. 2015-4, 1/20/2015, Arts. I-IV; and
by A.O.]
For the purpose of this chapter, the following words, terms
and phrases have the meaning indicated herein:
The cessation of a use of a property (land and/or structures)
by the landowner, with the intention of not resuming the use of the
property.
The owner of record of a parcel of land which is contiguous
at any point to the parcel in question or which is on the other side
of a section of street (public or private) on which the subject parcel
has frontage i.e., a lot across from the subject parcel.
A strip of land which provides access, such as a street,
an easement or a driveway.
An area of land and/or water which equals 43,560 square feet,
measured on horizontal plans.
Use involving leisure time activities and/or areas, typically
involving sports, requiring equipment or occurring at prescribed sites
or fields, (e.g., soccer, football, baseball, tennis, swimming, fitness
trails and the like).
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.
Those land uses which are devoted to the production of agricultural,
horticultural, viticulture and dairy products, livestock, ranch raised
fur bearing animals, poultry and bee raising forestry, sod crops and
any and all products raised on farms intended for human consumption
or other uses.[1]
A right-of-way which provides secondary access for vehicles
to the side or rear of abutting properties.
As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another;
also the changing of surface conditions by causing the surface to
be more or less impervious; land disturbance. Any change in the exterior
or structural portion of a building; any change to or in a building
which would alter its use classification; or any change which would
alter the type or method of wastewater disposal system.
A landowner or developer, including heirs, successors, assigns
and grantees, who has filed a complete application for subdivision
and/or land development, as hereinafter defined.
Every application, for subdivision or land development, whether
sketch, 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.
A body politic and corporate created pursuant to the Municipal
Authorities Act of 1945, 53 P.S. § 301 et seq., as amended,
and the Municipality Authorities Act, Act of June 19, 2001. P.L. 287.
No. 22, § 1, 53 Pa.C.S.A. § 5601 et seq.
Cars, trucks, vans and like modes of transportation.
A mound of earth which serves purposes such as: directing
the flow of surface water runoff, preventing soil erosion; or supporting
plant materials or fencing to aid in screening or buffering.
Management practices or methods for controlling stormwater
runoff which provide a hydrological (i.e., reduction of runoff volumes)
and a water quality (i.e., reduction of pollutants) benefit.
Lanes located on the paved surface or shoulder of a street.
Off-street bikeways.
The area of a public street specifically designated and marked
as a bicycle route.
An area divided into lots, and usually bounded by streets
or accessways.
Any body granted jurisdiction under this ordinance or under
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended, to render final adjudications.
A strip of land established to protect adjacent land uses.
Buffer yards are intended to visually soften the outline of buildings,
to screen glare and noise and to create a visual barrier between adjacent
land uses.
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars or other
structures on wheels, or having other supports, and any unroofed platform,
terrace or porch.
The aggregate of the ground level floor areas of the principal
building and all accessory buildings. Such areas shall be computed
by using outside building dimensions measured on a horizontal plane
at ground level.
The amount of the lot area covered by buildings.
A line within a lot that defines the building envelope.
[Amended by Ord. No. 2021-007, 10/19/2021]
|
BUILDING LINE, FRONT — The rear line of the minimum front
yard at a distance measured from the street line, or in the case of
narrow lots, from a line along the point (measured from the street
from which access will be gained) where the lot first obtains the
minimum lot width, and with the distance equal to the depth of the
minimum front yard required.
| |
|
BUILDING LINE, REAR — A line parallel to the rear lot
line at a distance from the rear lot line equal to the depth of the
minimum rear yard required.
| |
|
BUILDING LINE, SIDE — A line parallel to the side lot
line at a distance from the side lot line equal to the depth of the
minimum side yard required.
|
See "building line."
[Amended by Ord. No. 2021-007, 10/19/2021]
The term used to describe the size of buildings or other
structures and their relationship to each other and to yards and lots.
The term may include: the size, height and floor area of buildings
or other structures; and, all open areas in yard space relating to
buildings and other structures.
The maximum thickness or diameter of a tree at a specified
point. For measuring street trees and trees for buffering and landscaping
purposes, caliper measurements shall be taken at a point on the trunk
six inches above natural ground surface for trees up to four inches
in diameter and at a point 12 inches above the natural ground for
trees over four inches in diameter. For measuring existing trees to
determine whether they are a forest resource, diameter measurements
shall be taken at a point on the trunk 4 1/2 feet above the natural
ground.
[Amended by Ord. No. 2021-007, 10/19/2021]
The portion of a street or alley, paved or unpaved, intended
for vehicular use.
A line in the center of a street which is equidistant from
and parallel to the street lines.
An underground reservoir or tank for storing rainwater.
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.
A driveway which is shared between at least two separate
lots.
The services which provide for various community health,
education, safety, leisure and like needs and the locations at which
these services are provided. Typical community facilities include:
schools, parks and recreation areas, libraries, health care facilities,
fire protection, police, ambulance and rescue services and postal
services.
A system of piping, septic tanks or other treatment facilities
serving more than one lot, or more than one building, collecting and
disposing of wastewater which is administered and maintained by such
organizations as a homeowners' association, community association
or other like organization of the people using the system.
An individual well or series thereof serving more than one
lot or more than one building which along with its appurtenant facilities
is administered and maintained by such organizations as a homeowners'
association, community association or other like organization of the
people using the system, as well as those of any water company or
any other entity which may have a permitted franchise within the Township.
The Solebury Township Comprehensive Plan, as may be amended
from time to time, including maps, tables and text that constitute
a policy guide for decisions regarding land use, circulation, community
facilities and utilities within the Township.
The Bucks County Conservation District.
Any activity which may involve construction, reconstruction,
interior renovation, repair, extension, expansion, alteration or relocation
of a building or structure, including the placement of mobile homes
and the excavation, cutting, filling and grading of lots in connection
therewith or in preparation thereof.
A right-of-way or easement for pedestrian travel across or
within a block.
A street intersecting another street at one end and terminating
at the other in a vehicular turn-around.
A structure including appurtenant works which carries stream
under or through an embankment or fill.
The removal of soil or rock from its natural or predevelopment
location.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semi-fluid, or a refuse bank, fill or structure for highway,
railroad or other purposes which does or may impound water or another
fluid or semi-fluid.
Final adjudication of any board or other body granted jurisdiction
under this chapter or the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq., as amended, to do so, either by
reason of the grant of exclusive jurisdiction or by reason of appeals
from determinations.
A measure of the number of dwelling units per unit of area
calculated by dividing the number of dwelling units by the buildable
site area.
[Amended by Ord. No. 2021-007, 10/19/2021]
Regulations adopted pursuant to this chapter imposing standards
by which a subdivision or land development is developed.
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., fifty-year
storm) and duration (e.g., twenty-four-hour), and used in the design
and evaluation of stormwater management systems.
Areas allocated to meet the requirements for open space.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
Any landowner, equitable owner or authorized agent of such
landowner, or tenant with permission of the landowner, who formally
proposes or makes, or causes to be made, a subdivision, land development
or any other development of the land, as defined by these regulations.
Any man-made change to land, including, but not limited to,
buildings, structures, placement of mobile homes, streets, utilities,
mining, filling, grading or excavation.
The provisions for development including a plan of subdivision
or land development, 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.
That portion of the property line of the lot, tract or parcels
of land being developed located such that all overland or pipe flow
from the site would be directed towards it.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
Any ditch, gutter, pipe, culvert, storm sewer, retention
basin, detention basin or other structure designed, intended or constructed
for the purpose of controlling or diverting surface waters or carrying
surface waters off streets, public rights-of-way, parks, recreational
areas or any part of any subdivision, land development or contiguous
land areas.
A private accessway for vehicles which connects a street
to a parking space, garage, dwelling, other structure or use.
Detention practices for stormwater runoff that provide two
types of control: hydrologically addressing peak flow release rates
and extending the detention of the first flush volume of runoff for
water quality improvements.
An application for approval by the Township which is complete
in terms of plans, reports, studies, maps, investigations, analyses,
exhibits, fees and the like. Applications for permits, variances,
special exceptions, conditional uses, subdivision, land development
and the like shall not be considered as being duly filed unless all
plans and papers are submitted as required by the Township.
A building or portion thereof, forming a single habitable
unit with facilities which are used or intended to be used for living,
sleeping, cooking and eating exclusively by one family.
Any activity which disturbs the surface of the land including,
but not limited to, construction, mining, timber harvesting, grubbing,
tilling, digging or filling of ground or stripping of vegetation which
alters, disturbs and exposes the existing condition of the land surface.
A non-possessory interest which the owner of one piece of
land has in the land of another.
A person duly registered by the Commonwealth of Pennsylvania
to practice professional engineering.
An addition to the floor area or the increase in size or
volume of an existing structure, an increase in the area of a parcel
which is occupied by an existing use, or an increase in the intensity
of a use as a result of increased parking, traffic generation, sewage
disposal system or other impacts on surrounding land uses, existing
or zoned.
The wearing away of soil, bedrock or land surface by water,
wind, ice, chemical or other natural force.
The removal of the surface of the land through the combined
action of man's activity and the natural processes of a rate greater
than would occur because of the natural process alone.
The widening and deepening waterways due to erosion.
The initial condition of a project site prior to the proposed
construction.
Any building used for the storage of agricultural equipment
or farm produce, or housing livestock or poultry. The term "farm building"
shall not include the following: dwellings, kennels, stables or other
shelters for animals not used for agricultural purposes.
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of any portion
of the land.
The final vertical elevation of the ground surface after
development.
The small design storm which is the equivalent to the one-year
twenty-four-hour-frequency design storm using the rainfall distribution
recommended for Pennsylvania as defined by the U.S. Natural Resources
Conservation Service (formerly known as the U.S. Soil Conservation
Service).
A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers and other waters of this commonwealth.
The portion of the floodplain which is outside the floodway.
A flood that, on the average, is likely to occur once every
100 years, that is, one that has a 1% likelihood of occurring each
year, but may occur more than once in any one-hundred-year period.
Any areas of the Township, classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated March 16, 2015, and issued
by the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study and, for areas abutting streams and watercourses
where the one-hundred-year floodplain (1% annual chance flood) has
not been delineated by the Flood Insurance Study, the applicant shall
submit a floodplain identification study. The study prepared by a
registered professional engineer expert in the preparation of hydrologic
and hydraulic studies shall be used to delineate the one-hundred-year
floodplain. The floodplain study shall be subject to the review and
approval of the Township. All areas inundated by the one-hundred-year
flood shall be included in the floodplain area.
The soil types as mapped in the Soil Survey of Bucks County,
Natural Resources Conservation Service, September 2002, as being "in
the floodplain" or "subject to flooding."
That portion of the floodplain including the watercourse
channel and adjacent land areas which must be reserved to carry the
one-hundred-year-recurrence interval flood without cumulatively increasing
that flood elevation more than one foot.
See "woodlands."
A vertical distance between the elevation of the design high-water
and the top of a dam, levee, tank, basin or diversion ridge. The space
is required as a safety margin in a pond or basin.
A slope, usually of a road, channel or natural ground specified
in percent and shown on plans as specified herein.
To finish the surface of a roadbed, top of embankment or
bottom of excavation.
The sum of the horizontal areas of all floors of a building
measured from the exterior face of exterior walls, or from the center
line of a wall separating two buildings, but not including interior
parking spaces, loading space for motor vehicles, or any space where
the average floor-to-ceiling height is less than six feet.
Replenishment of existing natural underground water supplies.
A street, parallel and adjacent to a property line, having
a lesser right-of-way width than required for satisfactory improvement
and use of the street.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak). For the purposes of this chapter, hedgerows are considered
woodlands or wooded areas and regulated as such.
[Added by Ord. No. 2021-007, 10/19/2021]
Soils that are saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions that favor the
growth and regeneration of wetlands vegetation. Wetlands vegetation
are those plant species that have adapted to the saturated soils and
periodic inundations occurring in wetlands. The following soils, classified
in the Soil Survey of Bucks County, Pennsylvania, prepared by the
U.S. Department of Agriculture (Natural Resources Conservation Service),
September, 2002, including all updates and revisions, are hydric soils.
A person trained and having experience in the areas of hydrology
and geology that deal with groundwater, its occurrence and movements,
in its replenishment and depletion, the properties of rocks that control
groundwater movement and storage, and the methods of investigation
and utilization of groundwater.
A classification of soils by the Natural Resources Conservation
Service into four runoff potential groups. The groups range from A
soils, which are very permeable and produce little runoff, to D soils,
which are not very permeable and produce much more runoff.
An analysis of the volume and velocity of water flow through
a watershed consistent with standardized modeling practices such as
Natural Resources Conservation Service TR-20 Model.
Impervious surfaces are those surfaces which do not absorb
water. All buildings, including roof overhangs, parking areas, driveways,
roads, sidewalks and such areas as those in concrete and asphalt shall
be considered impervious surfaces. Other areas determined by the Township
Engineer to be impervious will also be classified as impervious surfaces.
A ratio which is measured by dividing the total areas of
all impervious surfaces within the site by the site area.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
Physical addition and changes to land such as grading, paving,
curbing, fire hydrants, water mains, sanitary sewers, stormwater management
systems, culverts, sidewalks, monuments, crosswalks, bridges, earthworks,
streetlights, wells, sewage disposal systems, street trees and other
plantings, and other structures that may be necessary to produce usable
and desirable land development.
A structure designed to direct runoff into the ground, (e.g.,
french drains, seepage pits, seepage trench and biofiltration swale).
A surface connection to a closed drain. A structure at the
diversion end of a conduit. The upstream end of any structure through
which water may flow.
See "lot, interior."[2]
Predominantly non-native, non-indigenous, alien tree, shrub, vine, or herbaceous species that grow or reproduce aggressively, usually because they have few or no natural predators, and which can so dominate an ecosystem that they kill off or drive out many indigenous plant species. Invasive trees, shrubs, vines or herbaceous species include, but are not limited to: bamboo (as further defined in Chapter 10, § 10-402), Norway maple, tree of heaven, paper mulberry, white mulberry, empress tree, white poplar, multiflora rose, Japanese barberry, European barberry, autumn olive, border privet, common privet, Morrow's honeysuckle, tartarian honeysuckle, Japanese honeysuckle, common buckthorn, wineberry, Japanese spiraea, linden viburnum, guelder rose, Oriental bittersweet, Chinese wisteria, Japanese wisteria, leatherleaf clematis, mile-a-minute weed, kudzu, Japanese knotweed, giant hogweed, garlic mustard, Canada thistle, crown vetch, tall fescue, purple loosestrife, dame's rocket, sweet clover, European water chestnut, Japanese stilt grass, reed canary grass, Shattercane, and Johnson grass.
[Added by Ord. No. 2021-007, 10/19/2021]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
length of tenure.
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 addition or construction of accessory farm buildings; provided
that the Board of Supervisors grants a waiver from the requirement
of a land development plan submission.
The addition of a nonresidential accessory building of 500 square feet or less in gross floor area to be used for storage or other purposes incidental and subordinate to the principal use and which does not increase the impervious surface on the lot may be approved without land development plans if the applicants can show that the required parking (per Zoning Ordinance [Chapter 27]) is provided and if the Board of Supervisors grants a waiver from the requirement of a land development plan submission.
An addition to an existing nonresidential building which addition
is 500 square feet or less in gross floor area to be used for storage
or other purposes incidental and subordinate to the principal use
and which does not increase the impervious surface on the lot may
be approved without land development plans if the applicants can show
that sufficient parking is provided and if the Board of Supervisors
grants a waiver from the requirement of a land development plan submission.
A sketch, preliminary or final plan, submitted in compliance
with the requirements of this chapter, showing the provision for development
of a tract of land.
The legal or equitable owner or owners of land.
A professional landscape architect registered in the Commonwealth
of Pennsylvania.
A plan for the installation and maintenance of plantings,
prepared according to the provisions of this chapter.
A space in a building or on a lot which is accessible from
the public street system for the temporary use of vehicles while loading
or unloading merchandise, materials or passengers.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area of land contained within the property lines of a
lot, excluding the following: all land within existing and proposed
future roads and their ultimate rights-of-way; land within existing
and proposed future utility rights-of-way or easements; land previously
subdivided from the area of land in question; land prohibited from
development by deed restrictions, restrictive covenants and/or easements;
any area presently used or previously or presently set aside for any
stormwater management facilities, including basins, retention areas
or drainage easements; and land shown on previous subdivision or land
development plans as reserved from development.
[Amended by Ord. No. 2021-007, 10/19/2021]
A property boundary line shown on a recorded plan or described
in a recorded deed; provided that, in the case of any lot abutting
a street, the lot line for such portion of the lot as abuts such street
shall be deemed to be the same as the street line, and shall not be
the center line of the street, or any other line within the street
right-of-way.
The street line. In the case of a corner lot, both street
lines shall be deemed the front lot line. The front lot line shall
be that boundary line of the lot most nearly parallel to the street
line which has no other portion of the lot between it and the street;
provided that any portion of the lot which crosses the street line
will have the street line as its front lot line.
A lot line opposite and most distant from the front lot line.
If the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 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 comer lot, of the two lot lines opposite the front lot lines, that
which is most distant will be the rear lot line.
Any lot line which is not a street line or a rear lot line.
The distance measured between the side lot lines at the required
front building line. When there is only one side lot line, as in the
case of a corner lot or single-family attached dwellings, the lot
width shall be measured between such lot line and the opposite lot
line.
[Amended by Ord. No. 2021-007, 10/19/2021]
A lot abutting upon two or more streets or upon two parts
of the same street, forming an interior angle at the corner of less
than 135°.[3]
A lot that does not have the required minimum lot width at
the front building line, but that has direct access to a public street.
Examples of narrow lots include, but are not limited to, flag lots
and lane lots.
[Added by Ord. No. 2021-007, 10/19/2021]
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the minor street.
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
A method for calculation of velocity of flow (e.g., feet
per second) and flow rate (e.g., cubic feet per second) in open channels
based upon channel shape, roughness, depth of flow and slope. "Open
channels" may include closed conduits so long as the flow is not under
pressure.
Minor streets, parallel and adjacent to major traffic streets,
providing access to abutting properties and control of intersections
with the major traffic street.
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 erection thereon of a single or double mobile home.
That part of an individual lot which has been reserved for
the placement of the mobile home, appurtenant structures or additions.
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 professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Township.
The total of all floor areas of a building measured from
the interior surface of the walls, excluding stairwells and elevator
shafts, equipment rooms, interior vehicular parking or loading and
all floors below the first or ground floor that are used only for
storage or mechanical systems serving the building.
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined or discrete
conveyance.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, culvert, building, fence, stockpile,
refuse, fill, structure or matter in, along, across or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same downstream.
A system serving a single lot, collecting and disposing of
wastewater on the lot where such system is used.
An individual well on the lot where the well serves one lot
or a water supply on a lot occupied or to be occupied serving a permitted
building.
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, canals and pipes
flowing partly full.
Land used for recreation, farmland preservation, resource protection and scenic area, and is protected by the provisions of this chapter and the Zoning Ordinance [Chapter 27] to ensure that it remains protected from future development.
A structure designed to control the volume of stormwater
runoff that passes through it during a specified length of time.
The owner of record of a parcel of land or equitable owner
acting on behalf of the owner of record.
A space, available for the parking of one motor vehicle,
exclusive of passageways, driveways or other means of circulation
or access. A parking space shall include either covered garage spaces
or uncovered parking lot space located outside of the street right-of-way.
The drives or roadways and the maneuvering space required
to service the parking space.
Any area developed in such a manner as to be conducive of
those activities that fall within the range of passive-recreation,
such as nature areas, craft areas, meeting areas, sitting areas, walkways,
sunbathing areas, ponds and lakes, and picnicking areas.
Any leisure time activity not considered active (e.g., walking,
picnicking, bird watching, fishing).
A continuous way designated for pedestrians and separated
from the through lanes for bicycles or motor vehicles by space or
other barrier.
The computer-based hydrologic modeling technique adapted
to the Delaware River (South) watershed for the Act 167 plan. The
model has been "calibrated" to reflect actual recorded flow values
by adjoining key model input parameters.
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, person includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other form of entity.
A culvert, closed conduit or similar structure (including
appurtenances) that conveys stormwater.
A complete and exact subdivision and/or land development
plan, including all required supplementary data, complete and prepared
for official recording in accordance with the requirements of this
chapter and with any conditions of approval imposed by the Township,
to define property rights, proposed streets and other improvements.
A subdivision and/or land development plan demonstrating
compliance with zoning provisions showing existing features, proposed
street and lot layout, stormwater management facilities and engineering
detail sufficient to ensure proper functioning of proposed improvements.
An exact copy of the approved final plan on Mylar or linen
of standard size, prepared for necessary signatures and recording
with the Bucks County Recorder of Deeds.
An informal plan, to scale, indicating 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.
A parcel or tract of land that is subject to a recorded conservation
easement wherein the Township by execution of a written acknowledgement
is a grantee or co-grantee of the conservation easement.
The flood that may be expected from the most severe combination
of critical meteorologic and hydrologic conditions that are reasonably
possible in any area. The PMF is derived from the probable maximum
precipitation (PMP) as determined on the basis of data obtained from
the National Oceanographic and Atmospheric Administration (NOAA).
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment prior to taking action in accordance with the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq., as
amended.
A forum held pursuant to notice under the Act of October
15, 1998, P.L. 729, No. 93, 65 Pa.C.S.A. § 701 et seq.,
known as the "Sunshine Act."
Public notice shall meet the requirements of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq., as
amended.
See "right-of-way, public."
A system, other than an on-lot disposal system or a community
disposal system which is administered and operated by the Township
or by the Bucks County Water and Sewer Authority for the collection,
conveyance, treatment and disposal of wastewater.
A system for water distribution and water supply, other than
an on-lot water supply system, or a community water supply system,
which is owned, administered, and operated by the Township or by the
Bucks County Water and Sewer Authority.
All land whether publicly or privately owned, whether improved
or not improved, with or without structures.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination.
A reserve strip is a parcel of land which is parallel to
and between a street right-of-way and a tract of land.
The interval in years within which a storm event of a given
magnitude can have a probability to recur. For example, the twenty-five-year
return period rainfall would be expected to recur once every 25 years.
An examination of a plan to determine compliance with this chapter, the Zoning Ordinance [Chapter 27], and other pertinent requirements.
Land set aside for use as a street, alley or other means
of travel.
The legal right-of-way as established by a governing authority
and currently in existence.
The right-of-way deemed necessary to provide adequate width
for future street improvements.
A vertical pipe extending from the bottom of a pond that
is used to control the discharge rate from the pond for a specified
design storm.
See "street."
Temporary ponding and gradual release of stormwater falling
directly onto flat roof surfaces by incorporating controlled-flow
roof drains into building designs.
Any liquid waste containing animal or vegetable matter in
suspension or solution, or the water-carried waste resulting from
the discharge of water closets, laundry tubs, washing machines, sinks,
dishwashers or any other source of water-carried waste of human origin.
A conduit that collects and transports sanitary sewage.
A barrier, dam or retention or detention basin located and
designed to retain rock, sand, gravel, silt or other material transported
by water.
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
Wastewater; the total of organic waste and wastewater generated
by residential, industrial, commercial, institutional or other establishments.
Any sewer, sewage system, sewage treatment works or part
thereof designed, intended or constructed for the collection, treatment
or disposal of wastewater including industrial waste.
An on-lot approved sewage disposal system generally providing
for disposal of effluent for one building and its accessory buildings
on a single lot.
Any municipal or privately owned sewer system in which sewage
is collected from more than one lot or dwelling unit and piped to
an approved sewage disposal facility.
That portion of the Township designated in the Official Sewage
Facilities Plan (Act 537 Plan) in which there is, or may be, constructed
a public wastewater system.
Runoff that flows over the ground surface as a thin, even
layer, not concentrated in a channel.
The length of roadway visible to the driver of a passenger
vehicle at a given point on the roadway when the view is unobstructed
by traffic.
A tract or parcel of land or combination of contiguous lots
or parcels of land that are not divided by a street and are under
the same ownership.
[Amended by Ord. No. 2021-007, 10/19/2021]
Any land area within a site as determined by an actual site
survey, minus the following: all land within existing and proposed
future roads and their ultimate rights-of-way; land within existing
and proposed future utility rights-of-way or easements; land previously
subdivided from the area of land in question; land prohibited from
development by deed restrictions, restrictive covenants and/or easements;
any area presently used or previously or presently set aside for any
stormwater management facilities, including basins, retention areas
or drainage easements; and land shown on previous subdivision or land
development plans as reserved from development.
[Amended Ord. No. 2021-007, 10/19/2021[4]]
The site area minus the following: all land area required to be protected under Part 22 of the Zoning Ordinance, and all land area required to be kept as open space or to otherwise be protected under the Township's ordinances, which site area is the basis of density requirements in Chapter 27, Part 10, for the RD District, in Chapter 27, Part 11, for the RD-C District, and in § 27-2806 for the permitted residential development density where the open space option is utilized in RA, RB and RD Districts.
[Added by Ord. No. 2021-007, 10/19/2021]
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are expressed
in a percentage based upon vertical distance in feet per 100 feet
of horizontal distance.
A field test conducted by a person qualified according to
the rules and regulations of the Bucks County Department of Health
to determine the suitability of the soil for sanitary sewage disposal
facilities by measuring the absorptive capacity of the soil at a given
location and depth.
A method of runoff computation developed by the Natural Resources
Conservation Service which is based upon relating soil type and land
use/cover to a runoff parameter called a Curve Number.
Areas subject to periodic flooding or listed in the Official
Soil Survey provided by the U.S. Department of Agriculture, Natural
Resources Conservation Service, Web Soil Survey (http://websoilsuniev.nrcs.usda.gov/)
as soils having a flood frequency other than none.
Individual trees or other vegetation determined to be of
specimen quality as determined by a natural resource professional
such as, but not limited to, a certified landscape architect or arborist
or which generally fall within the parameters of the following table
shall be protected in accordance with these standards. The examples
of specimen trees included in the following table are intended to
provide general guidelines and examples of what constitutes a specimen
tree. The list is not considered all inclusive:
[Added by Ord. No. 2021-007, 10/19/2021]
|
Species-Common Name
|
Minimum Size
(Caliper)
|
|---|---|
|
Apple
|
24 inches
|
|
Locust
|
30 inches
|
|
Sassafras
|
20 inches
|
|
Ash
|
32 inches
|
|
Maple
|
32 inches
|
|
Spruce
|
30 inches
|
|
Beech
|
32 inches
|
|
Sycamore
|
36 inches
|
|
Cherry
|
24 inches
|
|
Oak
|
32 inches
|
|
Elm
|
30 inches
|
|
Walnut
|
30 inches
|
|
Hemlock
|
30 inches
|
|
Pine
|
30 inches
|
|
Hickory
|
30 inches
|
The proper placing, grading and/or covering of soil, rock
or earth to insure their resistance to erosion, sliding or other movement.
A reservoir routing procedure based on solution of the continuity
equation (inflow minus outflow equals the change in storage) with
outflow defined as a function of storage volume and depth.
A system of pipes or other conduits which carries intercepted
surface runoff, street water and other waters, or drainage, but excludes
domestic sewage or wastewater and industrial wastes.
The precipitation reaching the ground surface.
Any structure, natural or man-made, that, due to its condition,
design or construction, conveys, stores or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes and infiltration structures.
The plan prepared by the developer or his representative
indicating how stormwater will be managed in accordance with the requirements
of ordinance.
The story with its floor level immediately above the average
finished grade level of the adjoining ground at any particular point
or side of the dwelling.
A watercourse.
A public or privately owned right-of-way, serving as a means
of vehicular travel furnishing access to abutting lots and also used
to provide space for installation of improvements such as sewers,
other utilities, street trees and sidewalks.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way provided that where
a future/ultimate right-of-way width for a road or street has been
established, then that width shall determine the location of the street
line.
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams or girders; or any change which could convert
an existing building or other structure into a different structure,
or adopt the structure to a different use.
Any man-made object or improvement having an ascertainable
stationary location on land or in water, whether or not affixed to
the land. This term shall not include sand mounds, wellheads, landscaping
berms and stormwater facilities.
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the stormwater management
plan.
See "developer."
As defined in the Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended.
A sketch, preliminary or final plan, submitted in compliance
with this chapter, showing the provision for the subdivision of a
tract of land.
Any subdivision not classified as a minor or lot line adjustment
subdivision.
Any division or redivision of a lot, tract or parcel of land
by any means into not more than two lots, provided that no division
or redivision has been approved with regard to said lot, tract or
parcel of land within the preceding five years. Plans that solely
propose the creation or relocation of a street shall be treated as
minor subdivisions and shall be subject to the time standards set
forth in this definition.
[Amended by Ord. No. 2021-007, 10/19/2021]
A subdivision that involves the relocation of one or more
existing boundary lines between adjacent lots which results in the
same or fewer numbers of lots than existed prior to the subdivision.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: before the improvement or repair is started; or
if the structure had been damaged and was being restored before the
damage occurred. A "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not the alteration affects
the external dimensions of the structure. The term does not, however,
include any project for improvement of a structure to comply with
existing state or municipal health, sanitary or safety codes which
is solely necessary to ensure safe living conditions.
The Board of Township Supervisors of the Township, Bucks
County, Pennsylvania.
A professional land surveyor registered by the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
Fauna or flora listed as "threatened" or "endangered" under
the Endangered Species Act of 1973, 16 U.S.C. § 1531 et
seq., the Wild Resource Conservation Act, 32 P.S. § 5301
et seq., the Fish and Boat Code, 30 Pa.C.S.A. § 101 et seq.,
the Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq.,
or regulations adopted pursuant to any of the said Acts and Codes.
[Added by Ord. No. 2021-007, 10/19/2021]
The time for surface runoff to travel from the hydraulically
most distant point of the watershed to a point of interest within
the watershed. This time is the combined total of overland flow time
and flow time in pipes or channels, if any.
Solebury Township, a Township of the Second Class duly organized
pursuant to the Second Class Township Code, 53 P.S. § 65101
et seq.
The Board of Supervisors of the Township or the official, person
or committee designated by the Board of Supervisors to act with respect
to a particular matter set forth herein.
A professional engineer designated by the Supervisors to
perform the duties of a Township Engineer.
See "lot."
A generally circular line, the circumference of which is
determined by the outer reaches of a tree's widest branching points
(the outer edges of the branches of the tree).
[Amended by Ord. No. 2021-007, 10/19/2021]
An area that is radial to the trunk of a tree in which construction
and development activity is prohibited to protect the health of the
tree. 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 tree
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.
[Amended by Ord. No. 2021-007, 10/19/2021]
An activity or the specific purpose for which land or a building
is designed, arranged, intended or improved on a lot or for which
it is or may be occupied or used.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the municipality.
A stream, river, brook, creek, or swale, or a channel or
ditch for water, whether natural or man-made, with perennial or intermittent
flow.
[Amended by Ord. No. 2021-007, 10/19/2021]
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, ponds, springs,
wetlands, and all other bodies or channels of conveyance of surface
and underground water, or parts thereof, whether natural or artificial,
within or on the boundaries of this commonwealth.
[Amended by Ord. No. 2021-007, 10/19/2021]
See "retention basin."
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.
[Amended by Ord. No. 2021-007, 10/19/2021]
This term is defined as:
A tree mass or plant community of at least 1/4 acre in which
tree species are dominant or co-dominant and the branches of the trees
and foliage form at least a 70% aerial canopy during the growing season;
or
Any area, grove, or stand of mature or largely mature trees
(i.e., larger than six inches caliper) consisting of at least 10 individual
trees.
For the purpose of this chapter, the extent of any woodland
plant community or any part thereof shall be measured from the outermost
dripline of all the trees in the community.
Woodlands do not include orchards or old fields (former agricultural
fields or pastures where natural succession has been allowed to occur,
but where most trees are smaller than six inches caliper).
A space open to the sky on the same lot with a building, use, or structure and that is unoccupied except for accessory structures or uses to the extent specifically permitted by this chapter and Chapter 27. The minimum dimension of a required yard shall be that which is required in the zoning district of the proposed building, use, or structure. The size of a required yard shall be measured as the shortest distance between the lot line (or, as the case may be, the street line) and the building line.
[Amended by Ord. No. 2021-007, 10/19/2021]
A yard between the front building line and the street line
and that extends the entire length of the street line. In the case
of narrow lots, the front yard is a yard between the front building
line and a line along the point where the lot first obtains the minimum
lot width, and that extends the entire length of that line. In the
case of a corner lot and any other lot that fronts on more than one
street, front yards of the required depth shall be provided along
all streets.
[Amended by Ord. No. 2021-007, 10/19/2021]
A yard between the rear building line and the rear lot line
and that extends the entire length of the rear lot line.
[Amended by Ord. No. 2021-007, 10/19/2021]
A yard between a side building line and a side lot line on
the same side of the lot, and that extends in length from the front
building line to the rear building line. In the case of a lot having
no street frontage or a lot of odd shape, any yard that is not a front
yard or a rear yard shall be considered a side yard.
[Amended by Ord. No. 2021-007, 10/19/2021]
[1]
Editor's Note: The former definition of "agricultural soils,"
which immediately followed this definition, was repealed by Ord. No. 2021-007, 10/19/2021.
[2]
Editor's Note: The former definition of "lakes and ponds,"
which immediately followed this definition, was repealed by Ord. No. 2021-007, 10/19/2021.
[3]
Editor's Note: The former definition of "lot, flag," which
immediately followed this definition, was repealed by Ord. No. 2021-007, 10/19/2021.
[4]
Editor's Note: This ordinance also repealed the former definitions
of "site area, base" and "site area, net buildable," which immediately
followed this definition.
