[Ord. 95-4-18-2, 4/18/1995, § 2-1]
1. Words and terms used in this chapter shall be interpreted as follows:
A. Words used in present tense include the future.
B. The singular denotes the plural.
C. The term "shall" is always mandatory. The term "may" is always permissive.
[Amended by Ord. 2011-02, 5/3/2011]
D. The word "person" includes a corporation, partnership and association
or other legal entity as well as the individual.
E. The word "lot" includes the word "plot" or "parcel."
F. The word "Commission" and the words "Planning Commission" always
mean the "Plumstead Township Planning Commission."
G. The word "Supervisors" and the words "Board of Supervisors" or "Governing
Body" always mean the "Plumstead Township Board of Supervisors."
H. Words
used in the masculine gender shall include the feminine and neuter.
[Added by Ord. 2011-02, 5/3/2011]
2. Any word or term not defined herein shall be used with a meaning
of standard usage, or as defined in this chapter.
[Ord. 95-4-18-2, 4/18/1995, § 2-2; as amended by Ord. 00-7-18-2, 7/18/2000, § 1; by Ord. 01-09-18-2, 9/18/2001, § 1; by Ord. 2004-07, 12/7/2004, § 1; by Ord.
2008-03, 2/28/2008; and by Ord. 2008-13, 10/7/2008]
ACCESSWAY
Either a street or driveway providing access to a lot.
AFFORESTATION
The act or process of establishing a forest on land not currently
forested.
AGENT
Any person other than the developer who, acting for the subdivider,
submits to the Township subdivision or land development plans for
the purpose of obtaining approval.
AGRICULTURAL PURPOSES
Those land uses which are devoted to the production of agricultural,
horticultural, agricultural, and dairy products, livestock and the
products thereof, ranch-raised forbearing animals and the products
thereof, the products of poultry and bee raising, forestry and forestry
products, and any and all products raised or produced on farms intended
for human consumption.
AGRICULTURAL SOILS
Agricultural soils recognized and classified as either "prime
agricultural" or "soils of statewide importance" according to the
United States Department of Agriculture, Natural Resources Conservation
Service Soils Survey, Bucks County, 2002, as amended.
[Ord. 2011-02, 5/3/2011]
ALLEY
A right-of-way or service way which provides a secondary
means of vehicular access to the side or rear of abutting properties.
Frontage on such a right-of-way or service way shall not be construed
as satisfying the requirements of Township ordinances relating to
frontage on a street.
[Ord. 2011-02, 5/3/2011]
APPLICANT
A landowner or developer, as herein defined, who has filed
an application for subdivision or land development, including heirs,
successors, and assigns.
ARCHITECT
A professional architect registered by the Commonwealth of
Pennsylvania.
BERM
An earth mound with a maximum slope of 3 to 1, covered with
grass, shrubbery or ground cover, and which is intended to block views
or create landscape interest.
BICYCLE LANES
Lanes located on the paved surface of a roadway, street or
highway or on the shoulder of a roadway, street or highway.
BICYCLE PATH
Off-street bikeways laid out on private property, public
rights-of-way, or open space and recreational areas.
BIKEWAY
A general term used to designate all facilities that explicitly
provide for bike travel.
BLOCK
An area bounded by streets or by a combination of streets,
parks, open spaces or a municipal boundary line.
BUFFER
A strip of land planted with trees, shrubs, ground cover
or a combination of types of vegetation, established to protect adjacent
land uses. Bufferyards are intended to visually soften the outline
of buildings, to screen glare and noise and to create a visual barrier
between various land uses.
BUILDING
A structure having a roof which is used for the shelter or
enclosure of persons, animals or property. The word "building" shall
include any part thereof.
A.
BUILDING, ACCESSORYA subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
B.
BUILDING, PRINCIPALA building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.
BUILDING AREA
The aggregate of the maximum horizontal cross-section area,
excluding cornices, unroofed porches, paved terraces, steps, and gutters,
of all buildings on a lot.
BUILDING SETBACK LINES or BUILDING LINE
A.
FRONT BUILDING SETBACK LINEThe rear line of the minimum front yards, as designated for each use and district, measured from the future right-of-way, at a distance equal to and no greater than the minimum front yard.
B.
SIDE BUILDING SETBACK LINEThe line establishing the minimum side yards, as designated for each use and district, measured from the side lot line, at a distance equal to the minimum side yard.
C.
REAR BUILDING SETBACK LINEThe line establishing the minimum rear yards, as designated for each use and district, measured from the rear lot line, at a distance equal to the minimum rear yard.
CALIPER
The diameter of the trunk of a tree, measured at a point
on the trunk six inches above natural groundline for trees of up to
four inches in caliper and at a point 12 inches above the ground for
trees over four inches in caliper. For measuring existing trees to
determine whether they are a forest resource, caliper measurements
shall be taken at a point on the trunk four and 1/2 feet above the
natural groundline for trees over six inches in caliper.
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 right-of-way lines.
CROSSWALK
A publicly or privately owned pedestrian right-of-way which
crosses a cartway.
CUL-DE-SAC
A street which intersects another street at one end and terminates
at the other in a vehicular turnaround, not including a loop street.
For the purposes of this chapter, cul-de-sac length is measured from
the intersection of the proposed right-of-way lines of the intersecting
street, or in the case of a proposed cul-de-sac intersecting an existing
street, from the intersection of the proposed right-of-way line and
ultimate right-of-way line of the existing street to the center of
the turnaround area.
DENSITY
The number of dwelling units per unit of area, expressed
in dwelling units per acre.
DENSITY, NET
This is the maximum density permitted on the buildable portion of the site, as determined in accordance with Chapter
27, Zoning, of the Township Code. Net density is calculated by dividing the total number of dwelling units by the net buildable site area.
DEVELOPER
Any landowner, agent of a landowner or tenant with the permission
of such landowner, who makes or causes to make a subdivision or a
land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets, utilities, mining, dredging, filling, grading,
excavation, or drilling operations.
DWELLING
A residential building containing one or more dwelling units.
DWELLING UNIT
Any room or group of rooms located within a residential building
and forming a single, habitable unit, with facilities used or intended
to be used for living sleeping, cooking and eating by one family.
EASEMENT
One or more property rights granted but not dedicated for
limited use of private land.
ENGINEER
A licensed professional civil engineer registered by the
Commonwealth of Pennsylvania.
EROSION
The process by which soil and bedrock are worn away by the
action of wind, water, climate, or chemical action.
FLOODPLAIN
[Amended by Ord. 2015-03, 1/27/2015]
A.
Any areas of Plumstead 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.
B.
For areas abutting streams and watercourses where the 100-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 100-year floodplain. The floodplain study shall be
subject to the review and approval of the Township. All areas inundated
by the 100-year flood shall be included in the floodplain area.
FLOOD INSURANCE STUDY
Township of Plumstead, PA, Bucks County, U.S. Department
of Housing and Urban Development, Federal Insurance Administration.
FLOODPLAIN SOILS
Areas subject to periodic flooding and listed in the Soil
Survey of Bucks County, Pennsylvania, US Department of Agricultural,
Natural Resources Conservation Service, May 2004 update, or as amended,
as soils subject to periodic flooding.
[Amended by Ord. 2011-02, 5/3/2011]
FOREST
Areas, groves or stands of 10 or more largely mature trees
covering an area of 1/4 acre or larger. Largely mature trees are those
greater than 12 inches in caliper measured 14 inches above the ground
or with an average canopy height of 25 feet or greater.
IMPERVIOUS SURFACES
Those surfaces which do not absorb precipitation or surface
water. All buildings, parking areas, driveways, roads, sidewalks,
swimming pools, and any areas containing concrete, asphalt, packed
stone, compacted soils, or other equivalent surfaces shall be considered
impervious within this definition. In addition, other areas determined
by the Township Engineer to be impervious within the meaning of this
definition shall be classified as impervious surfaces.
[Amended by Ord. 2011-02, 5/3/2011]
IMPROVEMENT SPECIFICATIONS
Regulations adopted pursuant to this chapter imposing minimum
standards for the construction of the required improvements, such
as curbs, sidewalks, sewers, water systems, drainage facilities, public
utilities, parking areas, landscaping, and all other items required
to render land suitable for the use proposed.
INCONSISTENT PLAN
A subdivision or land development plan filed with the Township
for the same parcel of land which proposes a use or layout of the
property which is incompatible with a pending plan. Indicators of
an inconsistent plan include, but are not limited to, a different
use or use classification, a different road configuration than the
pending plan, a different manner of sanitary sewer service (such as
on-lot, community or public) or domestic water supply or service,
a different layout of lots, different layout of utilities, different
amounts or configuration of open space, or such other changes which
in combination create an inconsistent plan.
[Amended by Ord. 2011-02, 5/3/2011]
LAKES and PONDS
Natural or artificial bodies of water which retain water
at least six months out of the year.
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, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
B.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups, or other features.
D.
The following shall not require land development approval, provided
that all the conditions for the uses or activities proposed have been
met as demonstrated by a written report submitted to the Township
Engineer and Township Zoning Officer complete with all relevant information:
(1)
The addition or construction of accessory farm buildings.
(2)
The addition of a nonresidential accessory building of 300 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.
(3)
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.
LANDSCAPE ARCHITECT
A professional landscape architect registered by the Commonwealth
of Pennsylvania.
LOOP STREET
A street which has one point of intersection with the same
road. In its simplest form, a loop street enters a tract, follows
a course through it and returns to the same road at some distance
from the other intersection.
[Amended by Ord. No. 2020-07, 11/10/2020]
LOT
A parcel of land used, or set aside and available for use,
as the site of one or more buildings and buildings accessory thereto
or for any other purpose, in one ownership, and not including any
land within the right-of-way of a public or private street upon which
said lot abuts, even if the ownership of such right-of-way and of
said lot is the same.
A.
LOT AREAThe area within the property lines of the individual parcels of land shown on a subdivision plan as required by Chapter
27, Zoning, of the Township Code, excluding any area within the future street right-of-way or any land lying within the access lane for lane lots or any area required as open space under Chapter
27, Zoning, or any land occupied by an easement for or by a permanent retention or detention facility, and including the area of other easements.
B.
CORNER LOTA lot within an interior angle of less than 135° at the intersection of two future right-of-way lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the future right-of-way lines intersect at an angle of less than 135°. A corner lot shall have front yards on all streets and shall have one side yard and one rear yard.
C.
REVERSE FRONTAGE LOTA lot (excluding corner lots) which abuts upon two or more streets.
[Amended by Ord. 2011-02, 5/3/2011]
D.
DEPTH OF LOTThe mean distance from the future right-of-way of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
E.
LOT WIDTHThe distance between the side lot lines at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot or future right-of-way.
LOT LINE CHANGE (ADJUSTMENT)
A lot line adjustment involves relocation of one or more
existing boundary line(s) between two adjacent lots or the shifting
of boundary lines to increase the area of an existing lot; provided,
however, that the lot line adjustment results in the same number or
fewer lots than existed prior to the lot line adjustment.
LOT LINES
The lines bounding a lot.
B.
LOT LINE, REARAny lot line parallel to or within 45° of being parallel to a future right-of-way, and except that in the case of a corner lot, the owner will have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line.
[Amended by Ord. 2011-02, 5/3/2011]
C.
LOT LINE, SIDEAny lot boundary line which is not a street line or a rear lot line.
MARKER
A metal pipe of at least 3/4 inch diameter and at least 30
inches in length.
MONUMENT
A stone or concrete monument with a flat top at least four
inches square, containing a reference point, and at least 30 inches
in length. It is recommended that the bottom sides be at least two
inches greater than the top, to minimize movements caused by frost.
OPEN SPACE
Land used for recreation, farmland preservation, resource protection, or scenic area, and which is protected by the provisions of this chapter and Chapter
27, Zoning, of the Township Code, to ensure that it remains protected from future development. Open space does not include land occupied by roads; road rights-of-way; the yards or minimum lot areas of dwelling units; minimum separation distances between dwellings; driveways; parking areas; or any lands or uses or activities which are specifically prohibited in open space by the terms of this chapter. Stormwater facilities or basins (retention or detention) may be located in open space areas, but the land area of the facility or basin, as defined by the extent of the stormwater or drainage easement, may not be used to meet minimum open space requirements.
PARKING SPACE
An area on a lot used for parking a vehicle(s), to which
there is access from a street.
PARKING SPACE ACCESS
The drives or roadways and the maneuvering space required
to service the parking space.
PLAN, FINAL
A complete and exact subdivision and/or land development
plan, including all required supplemental data, prepared for official
recording as required by statute, to define property rights and proposed
streets and other improvements.
PLAN, PRELIMINARY
A subdivision and/or land development plan (including all
data required to be submitted) showing the pertinent existing features
of a tract and its surroundings and proposed street and lot layout
as a basis for consideration prior to preparation of a final plan.
PLAN, PRESUBMISSION SKETCH
An informal plan, to scale, indicating salient existing features
of a tract and its surroundings and the general layout of the proposed
subdivision and/or land development for discussion purposes only and
not to be presented for approval.
PLAN, RECORD
An exact copy of the approved final plan prepared for necessary
signatures and recording with the Bucks County Recorder of Deeds.
[Amended by Ord. 2011-02, 5/3/2011]
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
REFORESTATION
The act or process of restoring a forest on previously forested
land.
RESERVE STRIP
A parcel of ground in separate ownership separating a street
from other adjacent properties or from another street.
REVERSE-FRONTAGE LOT
A lot (excluding corner lots) which abuts upon two or more
streets.
[Amended by Ord. 2011-02, 5/3/2011]
REVIEW
An examination of a plan to determine compliance with this
chapter and the administrative regulations, design standards and improvements
specifications enacted pursuant thereto.
RIGHT-OF-WAY
Land set aside for use as a street, alley or other means
of travel.
A.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth or other appropriate governing authority or utility and currently in existence.
B.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary by the Plumstead Township Comprehensive Plan and Chapter
27, Zoning, of the Township Code, as appropriate to provide adequate width for the future street improvements.
RUNOFF
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited, or remains suspended in water, it is referred to as sediment.
SETBACK
See "building setback line".
SEWER
A.
PUBLIC SEWERA sewer system owned and/or operated by the Bucks County Water and Sewer Authority in which sewage is collected from buildings from more than one lot and/or dwelling unit and piped to an approved sewage disposal system. It may also be referred to as "off-lot" or "off-site" sewer.
B.
PRIVATE SEWERAn on-lot disposal system providing for disposal of effluent from only one building or a group of buildings on a single lot.
SIDEWALK
A continuous way designated for pedestrians and separated
from the lanes used by motor vehicles.
[Amended by Ord. 2017-03, 8/22/2017]
SIGHT DISTANCE
The required length of roadway visible to the driver or passenger
vehicle at any given point on the roadway, when the view is obstructed
by traffic. Sight distance measurement shall be made from a point
3 1/2 feet above the center line of the road surface to a point
3 1/2 feet above the center line of the road surface.
[Amended by Ord. 2011-02, 5/3/2011]
SITE
The total land area to be proposed for subdivision or land
development.
SITE AREA
All land area within the site as defined in the deed and
as measured by an actual site survey.
SITE AREA, BASE
The total area of a sight minus:
[Amended by Ord. 2011-02, 5/3/2011]
A.
Existing road and utilities right-of-way.
B.
Land which is not contiguous.
C.
Land shown on a previous subdivision or land development plan
as reserved from development for natural resource protection, recreation,
open space preservation, or other purposes.
D.
Land contained in existing easements for utilities.
E.
Land used or zoned for another use, i.e., land used or to be
used for commercial or industrial uses in a residential development,
or land in a different zoning district rather than the primary use.
SITE AREA, NET BUILDABLE
That part of the base site area remaining for development after the amount of open space necessary for resource protection and recreation has been calculated and deducted, as required by Chapter
27, Zoning, of the Township Code.
SOIL PERCOLATION TEST
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 on-site sanitary sewage
disposal facilities by measuring the absorptive capacity of the soil
at any given location and depth.
STREET
A way used or intended to be used for passage or travel by
motor vehicles and to provide access to abutting properties.
STREET CLASSIFICATION or STREET HIERARCHY
Streets are classified according to their functions: expressways, arterials, major collectors, minor collectors, and local streets. Streets are ordered from high order streets (starting with expressways) to lower order streets (ending with local streets). The street classification is set in Chapter
27, Zoning, of the Township Code.
STREET LINE
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 right of-way width for a road or street has been established,
then that width shall determine the location of the street line.
STRUCTURE
Any man-made object having an ascertainable location on or
in land or water, whether or not affixed to the land.
SUBDIVIDER
Any individual, partnership or corporation (or agent authorized
thereby) which, as owner, undertakes the development or subdivision
of land, as defined by this Part.
SUBDIVISION, MAJOR
The division of a lot, tract or parcel of land or part thereof
into three or more lots, tracts or parcels of land for the purpose,
whether immediate or future, of leasing or transfer of ownership or
of building development.
SUBDIVISION, MINOR
The division of a single lot, tract or parcel of land into
two residential lots, tracts or parcels of land, for the purpose,
whether immediate or future, of leasing or transfer of ownership or
of building development, provided the proposed lots, tracts or parcels
of land thereby created have frontage on an improved public street
or streets and provided further, that there is not created by the
subdivision any new street or streets, the need for improvements,
easements or the need thereof.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to this chapter) of those improvements
required as a condition for final approval have been completed in
accordance with the approved plan, so that the project will be able
to be used, occupied or operated for its intended use.
SUPERVISORS
The Board of Supervisors of Plumstead Township, Bucks County,
Pennsylvania.
SURVEYOR
A professional land surveyor registered by the Commonwealth
of Pennsylvania.
THROUGH STREET
A street which has more than one point of intersection with
any other street or streets, as contrasted with a cul-de-sac or loop
street, which have only one point of intersection with any other street.
TOWNSHIP ENGINEER
A professional engineer registered by the Commonwealth of
Pennsylvania designated by the Supervisors to perform the duties of
a Township Engineer.
TRAFFIC CALMING
The combination of mainly physical measures that reduce the
negative effects of motor vehicle use, alter driver behavior and improve
conditions for nonmotorized street users.
TREE PROTECTION ZONE (TPZ)
The area radial to the trunk of a tree, measured 15 feet
from the trunk of the tree to be retained or the distance from the
trunk of the tree to the dripline (the line marking the outer edge
of the branches of the tree), whichever is greater. Where there is
a group of trees or woodlands, the tree protection area shall be an
area encompassing the protection areas for the individual trees.
UTILITIES
Those services rendered by public utility corporations, municipalities,
or municipal authorities, including but not limited to electricity,
gas, telephone, television, water, and sewerage, including the appurtenances
used in connection with the supplying of such services (buildings,
wires, pipes, poles and the like).
WAIVER
A modification allowed to a specific requirement of this chapter, granted only in accordance with the provisions of the Pennsylvania Municipalities Planning Code and §
22-938 of this chapter, Varying Design Standards, Waivers or Modifications, shall be submitted with plans.
WATERCOURSE
Any natural or artificial swale, stream, or structure in
which water flows continuously or intermittently.
WATER DISTRIBUTION SYSTEM, COMMUNITY
A system for supplying and distributing water from a common
source to two or more dwellings and/or other buildings within a single
neighborhood.
WATERS OF THE COMMONWEALTH
Areas of wetlands, streams, watercourses, or waterway corridors
designated as waters of the commonwealth by the Department of Environmental
Protection.
WATER SUPPLY, PUBLIC
A public water system is any municipal water supply system,
or any private system dedicated or intended to be dedicated to the
Township and which serves more than one lot of dwelling.
WETLANDS
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
YARD
An open area unoccupied by any structure except for permitted
projections and plantings, on the same lot with a structure, extending
along a lot line or street lines and inward to the structure, measured
as the shortest distance between the structure and a lot line or street
line.
A.
YARD, FRONTAn open space, unobstructed except for access, between the street line and the required front yard, extending the entire length of the street line. In the case of a comer lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
B.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
C.
YARD, SIDEA yard between a structure and a side lot, extending from the front yard to the rear yard. 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.