In this chapter the following rules of interpretation shall
be used:
A.
The word "lot" includes the word "plot" or "parcel."
B.
Words in the present tense may imply the future tense.
C.
Words used as singular imply the plural.
D.
The masculine gender includes the feminine and neuter genders.
E.
The word "person" includes a partnership, corporation, association,
trust, estate or any other legally recognized entity as well as an
individual.
F.
The word "shall" is to be interpreted as mandatory.
Unless otherwise stated, the following words and phrases shall
be construed throughout this chapter to have the meanings indicated
in this section:
The removal of the surface of land through the combined action
of man's activities and the natural processes at a rate greater
than would occur because of the natural process alone.
A private drive providing access between a street and a parking
compound.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
The watershed stormwater management plan approved by DEP
for the watershed in which the subject property is located.
[Added 8-1-2006 by Ord.
No. 329]
Any person, other than a landowner or developer, who, acting
for the landowner or developer, submits to the Planning Commission
and Borough Council subdivision or land development plans for the
purpose of obtaining approval thereof.
The cultivation of the soil and the raising and harvesting
of the products of the soil, including, but not by way of limitation,
nurserying, horticulture, forestry and the breeding and raising of
customary domestic animals for the purpose of profit.
The use of land exclusively for the cultivation of soil,
the production of crops or livestock or the science of forestry in
accordance with recognized soil management practices; also land which
has been diverted from agricultural use by an active federal farm
program, provided the land has a conservation cover of grass, legume,
trees or wildlife shrubs.
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.
[Added 11-4-2003 by Ord.
No. 310]
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including, but not limited to, an application for a building permit,
for the approval of a subdivision plot or plan, or for the approval
of a land development plan.
Structural devices or other methods that temporarily store
or treat stormwater runoff to reduce flooding, remove pollutants and
provide other environmental amenities.
An area bounded by streets or by a combination of streets,
public land, railroad right-of-way, water bodies or other barriers
limiting the continuity of development.
Adamstown Borough, Lancaster and Berks Counties, Pennsylvania,
as represented by the Adamstown Borough Council or its duly authorized
agents.
The Adamstown Borough Council.
Any structure which has enclosing walls and a roof, including
house trailers and mobile homes.
That area of the lot which has no building restrictions.
The building envelope shall not include the area of any required setbacks
(except for driveways which cross yards), buffer yards or floodplains.
A line within a property defining the required minimum distance
between any structure and the adjacent street right-of-way line or
property line, provided the street right-of-way line and the property
line are one in the same. The building setback line shall be measured
from the street right-of-way line.
Limestone or dolomite bedrock.
[Added 11-4-2003 by Ord.
No. 310]
The portion of a street or alley intended for vehicular use,
including travel lanes and parking lanes, but excluding shoulders,
curbs and sidewalks.
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
An area of unobstructed vision at the intersection of two
or more streets, access drives or alleys. It is defined by lines of
sight between points at a given distance from the intersection of
the center lines of both streets. No obstructions higher than 3 1/2
feet are permitted.
The person appointed by the Borough Council of the Borough
to administer and enforce the provisions of this chapter.
United States Army Corps of Engineers.
A private driveway utilized by two or more separate lots
or dwellings for access to a public or private street.
A parcel or parcels of land, an area of water or a combination
of land and water within a development site, designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
A form of mitigating for wetlands lost due to construction
by planning, excavating and planting a new wetland area.
The Adamstown Borough Comprehensive Plan, as amended.
The Conestoga River Watershed Stormwater Management Plan
as approved by DEP.
[Added 8-1-2006 by Ord.
No. 329]
The ability of a pipe, culvert, swale or similar facility
to carry the peak flow from the design storm.
[Added 11-4-2003 by Ord.
No. 310]
The Lancaster County Planning Commission.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround. Cul-de-sac streets which extend
to the property limits and are designed for future extension shall
be known as temporary. Cul-de-sac streets which do not extend to the
property limits and are not intended for future extension shall be
known as permanent.
A structure with appurtenant works which carries a watercourse
under or through an embankment or fill.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic;
all curbs shall be constructed in accordance with the specifications
in this chapter or any other ordinance enacted by the Borough Council
setting requirements for the construction of roads, curbs and sidewalks.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad or other purposes, which does or may impound water or another
fluid or semifluid. The dam falls under the requirements of 25 Pa.
Code Chapter 105, Dam Safety and Waterway Management, if the following
is true:
[Added 11-4-2003 by Ord.
No. 310]
The deliberate appropriation of land by its owner for general
public use.
The number of dwelling units or units of occupancy per acre,
exclusive of street rights-of-way.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
The design speed for streets designed in accordance with
this chapter shall equal the proposed posted speed plus five miles
per hour.
The magnitude of precipitation from a storm event measured
in probability of occurrence (e.g., ten-year storm) and duration (e.g.,
24 hours) and used in computing stormwater management control systems.
A vegetated basin designed to drain completely after storing
runoff only for a given storm event and releasing it at a predetermined
rate. Also known as a "dry pond."
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 or other activities covered by this
chapter.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, logging, excavation or drilling
operations.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density or 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.
The parent tract for which a regulated activity is proposed.
[Added 11-4-2003 by Ord.
No. 310]
A lot, other than a corner lot, fronting on two streets.
That portion of a property line of a parent tract located
at the topographically lowest point of the tract such that some or
all overland, swale or pipe flow from a development site would be
directed toward it.
[Added 11-4-2003 by Ord.
No. 310]
A stormwater management facility designed to transmit stormwater
runoff and shall include streams, channels, swales, pipes, conduits,
storm sewers, etc.
[Added 11-4-2003 by Ord.
No. 310]
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 or other structure
designed, intended or constructed for the purpose of carrying surface
waters off streets, public rights-of-way, parks, recreational areas
or any part of any subdivision or contiguous land areas.
A private drive providing access between a street or access
drive and a parking area for a single residential unit of occupancy.
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.
A limited right of use granted in private land for a public
or quasi-public purpose.
Any driveway or other entrance from a public or private road.
A field road providing access to agriculturally used fields and not
providing access to any residential, commercial or industrial structure
is not considered an easement of access.
A device used to slow the velocity of stormwater particularly
at points of concentrated discharge such as pipe outlets.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A water conveyance which lacks substrates associated with
flowing waters and flows only in direct response to precipitation
in the immediate watershed or in response to melting snowpack and
which is always above the local water table.
[Added 11-4-2003 by Ord.
No. 310]
The removal of soil particles by the action of water, wind,
ice or other geological agents.
The initial condition of a development site prior to the
proposed construction.
[Added 11-4-2003 by Ord.
No. 310]
A letter of credit or other form of guarantee, in accordance with the requirements of Article V of the Municipalities Planning Code, posted by a developer to secure the completion of improvements indicated on an approved plan.
The area of inundation which functions as a storage or holding
area for floodwater to a width required to contain a base flood of
which there is a one-percent chance of occurring in any given year.
The floodplain also contains both the floodway and the flood fringe.
The floodway is the channel of a watercourse and the adjoining land
area which are required to carry and discharge the base flood. The
flood fringe is the adjoining area which may be covered by water of
the base flood.
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
A slope, usually of a road, channel or natural ground, specified
in percent and shown on plans as specified herein. (To) grade: to
finish the surface of a roadbed, top of embankment or bottom of excavation.
[Amended 11-4-2003 by Ord. No. 310]
The slope expressed in a percent which indicates the rate
of change of elevation in feet per 100 feet.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from cropland.
[Amended 11-4-2003 by Ord. No. 310]
A man-made drainageway of parabolic or trapezoidal cross
section, shaped to required dimensions and vegetated for safe disposal
of runoff. (Also known as a "swale.")
That portion of a right-of-way carrying surface drainage.
A condition, not economic in nature, not caused by the applicant
or developer, for which he may request a waiver.
A retention or detention pond.
An unincorporated association or not-for-profit corporation
whose membership consists of the lot owners of a residential development.
A homeowners' association shall also include a condominium unit
owners' association. All such associations shall comply with the requirements
for unit owners' associations contained in the Pennsylvania Uniform
Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
Those surfaces which do not absorb rain. All buildings, including
roof overhangs, parking areas, driveways, roads, sidewalks and such
areas as those in concrete and asphalt, shall be considered impervious
surfaces within this definition. In addition, other areas determined
by the Borough Engineer to be impervious within the meaning of this
definition will also be classed as impervious surfaces.
A retention or detention basin designed to retain stormwater
runoff and infiltrate it into the ground (in the case of a retention
basin) or release it at a controlled rate (in the case of a detention
basin).
[Added 11-4-2003 by Ord.
No. 310]
The making of physical changes to the land, including, but
not limited to, grading and paving, installing curbs, gutters, stormwater
management facilities or sidewalks, and extensions and/or installations
of water supply facilities and/or sanitary sewer facilities in order
to prepare the land for two or more residential units of occupancy
or one or more nonresidential units of occupancy. Improvements shall
also include the erection of a nonresidential building, the addition
of more than 1,000 square feet to a nonresidential building, the conversion
of a nonresidential building into a greater or lesser number of units
of occupancy or the conversion of a single-family residence into four
or more dwelling units. Improvements shall not include the erection
of a residential accessory building or structure, including, but not
limited to, attached or detached garages (not exceeding two vehicles'
capacity), swimming pools or tennis courts, or the erection of an
accessory building or structure for agricultural purposes on a farm.
A surface connection to a closed drain. The upstream end
of any structure through which water may flow.
[Added 11-4-2003 by Ord.
No. 310]
A body of water flowing in a channel or bed composed primarily
of substrates associated with flowing water, which during periods
of the year is below the local water table and obtains its flow from
both surface runoff and groundwater discharges.
[Added 11-4-2003 by Ord.
No. 310]
A land development as defined by the Pennsylvania Municipalities
Planning Code, as amended. Generally, as follows. 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
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.
Excluded from this definition of land development are the following:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as the location for permanent
amusement structures or rides. This exclusion shall not apply to newly
acquired acreage by an amusement park until initial plans for the
expanded area have been approved by proper authorities.
Any use involving the installation of ground cover, grading,
filling or excavation of land; or the erection of a dwelling or other
principal structure; or the modification, removal, filling or alteration
of an existing stormwater management facility or drainage easement.
Land disturbance activities shall be classified as follows:
[Amended 11-4-2003 by Ord. No. 310; 8-1-2006 by Ord. No. 329]
Minor land disturbance activity. The use of land for any single-family
residential purpose on an existing lot of record, including subdivided
lots or land developments approved under a major land disturbance
activity, provided that:
The use is not within a floodplain area; and
No diversion or piping of any natural or man-made watercourse
or existing drainage pattern is involved; and
Such use does not involve the installation of impervious surface,
grading, filling or excavation of more than 1,000 square feet at any
time or does not exceed more than 10,000 square feet, for the combination
of existing and proposed impervious surface (including roof tops).
Major land disturbance activity.
Any use involving the diversion or piping of any natural or
man-made watercourse or existing drainage pattern; or
Any nonresidential use involving the installation of impervious
surface, grading, filling, excavation or destruction of woodland of
more than 1,000 square feet at any time or in excess of 10,000 square
feet, for the combination of existing and proposed impervious surface
(including roof tops), except for the agricultural use of land when
operated in accordance with a farm conservation plan approved by the
Lancaster County Conservation District;
Any nonresidential development meeting the above requirement,
including but not limited to commercial, industrial and institutional
development;
The submission of a subdivision or land development plan; or
Any land disturbance activity not considered a minor land disturbance
activity.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land.
A professional landscape architect licensed as such in the
Commonwealth of Pennsylvania.
A fracture on the order of tens of kilometers long usually
extending to the basement below sedimentary rock.
[Added 11-4-2003 by Ord.
No. 310]
A map showing the site with relation to adjoining areas.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
The total horizontal area within the lot lines of a lot,
following exclusion of:
Areas within an existing or proposed public or private easement
or right-of-way, the terms or conditions of which restrict or limit
the nature, dimensional characteristics or intensity of development
or development activities within the said easement or right-of-way.
In the case of a flag lot, any right-of-way, easement or accessway
connecting such interior lot to a road or street.
A lot bounded on at least two sides by intersecting streets
or upon two parts of the same street, whenever the lines of such streets
extended form an interior angle of 135° or less.
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.
[Added 11-4-2003 by Ord.
No. 310]
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 or contiguous parcels of land which have been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
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.
A building providing separate living quarters for two or
more families.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted December 21,
1988, P.L. 1329, No. 170 et seq., as amended from time to time.[1]
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
An existing channel for water runoff that was formed by natural
forces.
[Added 11-4-2003 by Ord.
No. 310]
A natural watercourse or channel (non-man-made) with a definite
bed and banks which confine and conduct continuously or periodically
flowing water.
Pollution that enters a body of water from diffuse origins
in the watershed and does not result from discernible, confined or
discrete conveyances.
[Added 11-4-2003 by Ord.
No. 310]
Any use other than single or multifamily dwellings. An institutional
use in which persons may reside, such as a dormitory, prison, nursing
home or hospital, shall be considered a nonresidential use.
National Wetland Inventory.
The control of runoff to allow water falling on a given site
to be absorbed or detained on site to the extent that after development
the peak rate of discharge leaving the site is no greater than if
the site had remained undeveloped.
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.
[Added 11-4-2003 by Ord.
No. 310]
Point where water flows from a conduit, stream or drain.
[Added 11-4-2003 by Ord.
No. 310]
Points of water disposal from a stream, river, lake, tidewater
or artificial drain.
[Added 11-4-2003 by Ord.
No. 310]
The owner of record of a parcel of land.
All contiguous land held in single and separate ownership,
regardless of whether: (i) such land is divided into one or more lots,
parcels, purparts or tracts; (ii) such land was acquired by the landowner
at different times or by different deeds, devise, partition or otherwise;
or (iii) such land is bisected by public or private streets or rights-of-way,
which was held by the landowner or his predecessor in title on November
4, 2003.
[Added 11-4-2003 by Ord.
No. 310]
An area on a lot utilized for the parking of vehicles for
a single unit of occupancy.
An area on a lot containing any use other than agricultural
or one single-family detached dwelling for the parking of three or
more vehicles. Also known as a "parking lot."
Involves the use of impervious parking areas as temporary
impoundments with controlled release rates during rainstorms.
[Added 11-4-2003 by Ord.
No. 310]
A dustless, all-weather surface designed and constructed
according to all applicable regulations for the storage of one vehicle.
The maximum rate of flow of water at a given point and time
resulting from a specified storm event.
A right-of-way, publicly or privately owned, intended for
human movement by walking.
FINAL PLANA complete and exact subdivision and/or land development plan, including all supplementary data specified in § 265-21 of this chapter.
IMPROVEMENT CONSTRUCTION PLANA complete and exact subdivision and/or land development plan, prepared in accordance with Article V of this chapter, the sole purpose of which is to permit the construction of only those improvements required by this chapter as an alternative to guaranteeing the completion of those improvements by a corporate bond or other surety.
LAND DISTURBANCE PLANA complete and exact plan including all supplementary data specified in § 265-23 of this chapter.
LOT ADD-ON PLANA complete and exact subdivision plan including all supplementary data specified in § 265-22 of this chapter.
PRELIMINARY PLANA subdivision and/or land development plan including all required supplementary data specified in § 265-20 of this chapter, showing approximate locations.
RECORD PLANA final plan which contains the original endorsement of the Borough and the County Planning Commission, which is intended to be recorded with the Lancaster County Recorder of Deeds.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of a proposal prepared in accordance with § 265-19 of this chapter.
The Adamstown Borough Planning Commission.
A revision to the Borough official plan submitted in connection
with the request for approval of a subdivision or land development
in accordance with DEP regulations.
A development site and/or land upon which a land development
is located and/or land proposed to be subdivided.
[Amended 11-4-2003 by Ord. No. 310]
A municipal sanitary sewer system approved and permitted
by DEP and owned by the Adamstown Borough Authority of Lancaster County.
A municipal water supply facility approved and permitted
by DEP and owned by the Borough or a water supply facility owned by
a public utility and operated in accordance with a certificate of
public convenience granted by the Pennsylvania Public Utility Commission.
A circular or square plot of a given area used, for wetlands
delineation purposes, to determine the dominant plant species within
a site.
Set of prints of the original facilities showing those changes
made during the construction process.
The Recorder of Deeds in and for Lancaster County, Pennsylvania.
Any activity to which this chapter is applicable.
[Added 11-4-2003 by Ord.
No. 310]
An action or proposed action that has an impact upon stormwater runoff and which is specified in § 265-5 of this chapter.
[Added 11-4-2003 by Ord.
No. 310]
Any subdivision or transfer of land laid out on a plan which
has been approved by the Borough or the County Planning Commission
which changes or proposes to change property lines and/or public rights-of-way
not in strict accordance with the approved plan.
A pond containing a permanent pool of water designed to store
runoff for a given storm event and release it at a predetermined rate.
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur. For example, the twenty-five-year
return period rainfall would be expected to recur on the average once
every 25 years.
[Added 11-4-2003 by Ord.
No. 310]
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the latter.
Land set aside for use of a street, alley, utilities or other
public or quasi-public purpose.
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.
[Added 11-4-2003 by Ord.
No. 310]
Temporary ponding and gradual release of stormwater falling
directly onto flat roof surfaces by incorporating controlled-flow
roof drains into building designs.
[Added 11-4-2003 by Ord.
No. 310]
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth occurring from the failure to
design, construct, implement or maintain control measures and control
facilities in accordance with the requirements of this chapter.
[Added 11-4-2003 by Ord.
No. 310]
A temporary dam or barrier constructed across a waterway
or at other suitable locations to intercept the runoff and to trap
and retain the sediment.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water.
[Added 11-4-2003 by Ord.
No. 310]
Runoff which flows over the ground surface as a thin, even
layer, not concentrated in a channel.
[Added 11-4-2003 by Ord.
No. 310]
The length of street, measured along the center line, which
is continuously visible from any point 3 1/2 feet above the center
line.
A classification of soils by the Natural Resources Conservation
Service (formerly Soil 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.
[Added 11-4-2003 by Ord.
No. 310]
A method of runoff computation developed by the SCS (now
NRCS) that is based on relating soil type and land use/cover to a
runoff parameter called curve number (CN).
[Added 11-4-2003 by Ord.
No. 310]
A depression in the embankment of a pond or basin which is
used to pass a post-development one-hundred-year storm peak flow rate.
[Added 11-4-2003 by Ord.
No. 310]
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.
[Added 11-4-2003 by Ord.
No. 310]
The number of times that a given storm "event" occurs or
is exceeded on the average in a stated period of years. See "return
period."
[Added 11-4-2003 by Ord.
No. 310]
A system of pipes, conduits, swales or other similar structures,
including appurtenant works, which carries intercepted runoff and
other drainage, but excludes domestic sewage and industrial wastes.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
A program of controls and measures designed to regulate the
quantity and quality of stormwater runoff from a development while
promoting the protection and conservation of groundwaters and groundwater
recharge.
Those controls and measures used to effect a stormwater management
program.
A bridge, culvert or other structure in excess of 100 feet
in length, upstream to downstream, which encloses a regulated water
of this commonwealth.
[Added 11-4-2003 by Ord.
No. 310]
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel. "Street"
includes avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct and any other ways used or intended to be used by vehicular
traffic or pedestrians, whether public or private. Unless the existing
streets within the Borough are officially classified, the following
general classifications will prevail:
ARTERIAL STREET, HIGHWAYA street or road which is used primarily for fast or heavy traffic, including all roads classified as main and secondary highways by the Department of Transportation. Arterial streets include all streets listed as such in the Borough Comprehensive Plan, as amended.
COLLECTOR STREETA street which carries traffic from minor streets to the major system or arterial streets, including the principal entrance or circulation streets of a residential development and all streets within industrial and/or commercial subdivisions or developments. Collector streets include all streets listed as such in the Borough Comprehensive Plan, as amended.
LOCAL STREETA street which is used primarily for access to the abutting properties. Local streets include all streets listed as such in the Borough Comprehensive Plan, as amended.
ALLEYA private drive providing access between a street and off-street parking facilities for two or more dwelling units. Alleys shall provide secondary means of access to lots. Alleys are on the same level as a local access street and are used in cases of narrow lot frontages. No parking shall be permitted, and alleys should be designed to discourage through traffic. Number of units served should not exceed 24. Alleys may be designed as one-lane streets.
The street line is the right-of-way of the street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A developer.
A subdivision of land, as defined by the Municipalities Planning
Code, as amended. Generally, as follows: the division or redivision
of a lot, tract or parcel of land by any means into two or more lots,
tracts, parcels or other divisions of land, including changes in existing
lot lines for the purpose, whether immediate or future, of lease,
partition by the court for distribution to heirs or devisees, transfer
of ownership or building or lot development; provided, however, that
the subdivision by lease of land for agricultural purposes into parcels
of more than 10 acres, not involving any new street or easement of
access or any residential dwelling, shall be exempted.
Inorganic sediments which are 0.05 millimeter in diameter
or larger and include sands, gravel, pebbles, cobbles and boulders,
based upon Wentworth's Classification.
[Added 11-4-2003 by Ord.
No. 310]
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
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.
[Added 11-4-2003 by Ord.
No. 310]
The computer-based hydrologic modeling technique adapted
to the watershed in which the subject property is located by the applicable
Act 167 Plan. The model has been "calibrated" to reflect published
and observed flow values by adjusting key input model parameters.
[Added 11-4-2003 by Ord.
No. 310; amended 8-1-2006 by Ord. No. 329]
One or more lots assembled for the purpose of development under provisions of this chapter and Chapter 320, Zoning.
A line along which quadrats are placed at intervals for purposes
of identifying and delineating wetlands.
Land in parcels sufficiently large for future subdivision,
which is presently in agriculture, woodland or lying fallow.
The granting of an exception to this chapter which, in the
opinion of the Borough Council, will not be detrimental to the general
welfare, impair the intent of this chapter or conflict with the Comprehensive
Plan.
A system of piping and appurtenances, whether municipally
or privately owned, designed for the collection and transmission of
liquid and water-carried wastes from residences, commercial buildings,
industrial plants and institutions to a central wastewater treatment
plant for treatment and discharge (not including septic tanks or subsurface
disposal systems).
Any and all rivers, streams, creeks, rivulets, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs, 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.
[Added 11-4-2003 by Ord.
No. 310]
A system of piping and appurtenances, whether municipally
or privately owned, designed for the transmission and distribution
of potable water from a centralized water supply or source to residences,
commercial buildings, industrial plants, or institutions (not including
individual on-lot wells).
A permanent or intermittent stream, river, brook, creek,
run, channel, swale, pond, lake or other body of water, whether natural
or man-made, for gathering or carrying surface water.
Those areas that are inundated or saturated by surface water 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 condition. Wetlands include, but are not limited to, swamps, bogs, marshes and wet meadows. Wetlands shall be delineated on all plans in accordance with § 265-25 of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
