As used in this chapter, the following terms
shall have the meanings indicated:
ANNEXATION
The act of adding, joining or uniting one lot to another
lot in order to create out of the said two lots a larger tract or
parcel of land intended for separate use, building development or
transferred ownership.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his/her heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether tentative, preliminary, 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 the approval of a development plan.
ARCHITECT
A professional architect licensed as such by the Commonwealth
of Pennsylvania.
BERM
An earth mound which physically blocks views without using
architectural elements.
BIKEWAY
A general term including bicycle lanes, bicycle paths and
bicycle routes.
BLOCK
A tract of land bounded by streets. Block length shall be
measured along the center line of a street between center lines of
intersecting streets.
BUILDING, ACCESSORY
A subordinate building located on the same lot as a principal
building and clearly incidental and subordinate to a principal building.
Any portion of a principal building devoted or intended to be devoted
to an accessory use is not an accessory building.
BUILDING, PRINCIPAL
A building in which is conducted or is intended to be conducted
the principal use of the lot on which it is located.
CARTWAY or ROADWAY
The portion of a street right-of-way normally paved or stoned
and designed or intended for vehicular use.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street intersection,
defined by lines of sight between points at a given distance from
the intersection of the street right-of-way lines.
CONDOMINIUM and COOPERATIVE
(An ownership arrangement and not a land use) a method of
ownership which, when applied to a multifamily dwelling, provides
for separate ownership for each unit, title of which shall consist
of ownership of the unit together with an undivided interest in the
common element.
COUNTY
The County of Bucks, Pennsylvania.
CROSSWALK
A right-of-way or easement for pedestrian travel which crosses
a cartway.
CUL-DE-SAC
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
CULVERT
A pipe, conduit, or similar structure, including appurtenant
works which convey surface water.
DENSITY
The measure of the number of dwelling units per acre as determined by Chapter
340, Zoning.
DESIGN STANDARDS
Regulations, adopted pursuant to this chapter, establishing
minimum or maximum standards and a layout by which a subdivision and
land development is developed.
DESIGN STORM
The magnitude of precipitation from a storm event, measured
in probability of occurrence (i.e., fifty-year storm) and duration
(i.e., twenty-four-hour), and used in computing stormwater management
control systems.
DETENTION BASIN
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate.
DEVELOPER
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.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction or placement of buildings
or other structures, mobile homes, streets and other paving, utilities,
mining, dredging, filling, grading, excavation, or drilling operations,
and the subdivision of land.
DEVELOPMENT PLAN
The provisions for development, including a performance standard
subdivision, a plat of subdivision, 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," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
DRAINAGE FACILITY
Any ditch, gutter, swale, culvert, basin, storm sewer or
other structure designed, intended or constructed for the purpose
of conveying, diverting or controlling surface water or groundwater.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage and unnatural erosion.
DRIVEWAY
A private vehicular passageway providing access between a
street and a private parking area or private garage.
DRIVEWAY, SHARED
A private vehicular passageway providing access between a street and private parking area or garage serving four or fewer dwellings. Shared driveways may cross through lots, provided that access easements are established. Lot frontage on such easements shall not be utilized to meet the minimum lot width requirements of Chapter
340, Zoning.
DWELLING
A building designed and occupied exclusively for residential
purposes, containing one or more dwelling units on a single parcel
of land, excluding hotels, rooming houses, tourist homes, institutional
homes, guest houses, residential clubs, motels, motor courts, and
the like.
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
A grant for the use of a parcel of land by the public, a
corporation, or a person, for a specified purpose.
ENCROACHMENT
Any placement or obstruction in a delineated floodway, wetland,
right-of-way, easement, required yard, setback, or adjacent land.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
EROSION
The removal of soil particles by the action of water, wind,
ice, or other geological agents.
EXCAVATION
Any act by which earth, sand, gravel, rock, or any other
similar material is dug into, cut, quarried, uncovered, removed, displaced,
relocated, or bulldozed, and shall include the conditions resulting
therefrom.
FINANCIAL SECURITY
Any approved security which may be in lieu of a requirement
that certain improvements be made before the Borough Council approves
a final subdivision or land development plan, including performance
bonds, escrow agreements, and other similar collateral or surety agreements.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN[Amended 12-5-2014 by Ord. No. 311]
A.
Any areas of Silverdale Borough 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
B.
For areas abutting streams and watercourses where the one-hundred-year
floodplain (one-percent 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 Borough.
All areas inundated by the one-hundred-year flood shall be included
in the floodplain area.
FLOODPLAIN SOILS
Areas subject to periodic flooding and listed in the Soil
Survey of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department
of Agriculture, Soil Conservation Service, July 1975, as being "on
the floodplain" or "subject to flooding." The following soil types
are floodplain soils: alluvial land (alluvial soils); Alton gravely
loam, flooded; Bowmansville silt loam; Hatboro silt loam; marsh; Pope
loam; and Rowland silt loam.
FLOOR AREA, GROSS
The sum of areas of the several floors of the building structure, including areas used for human occupancy or required for the conduct of the business or use and basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy, nor any floor space in an accessory building or in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of Chapter
340, Zoning, or any such floor space intended and designed for accessory heating and ventilation equipment.
FRONTAGE
Refer to the definition of “lot width.”
GOVERNING BODY
The Borough Council of Silverdale Borough, Bucks County,
Pennsylvania.
GRADE
The slope of a street, other public way, land area, drainage
facility or pipe, specified in percent.
GRADING AND DRAINAGE PLAN
A plan showing all existing ground features and proposed
grading, including existing and proposed surface and subsurface drainage
facilities, described by grades, contours, and topography.
HYDRIC SOILS
Soils that are categorized as poorly drained and that can
support hydrophytic plants but may not do so in many cases. For the
purpose of this chapter, hydric soils are general wetland indicator
soils. (Refer to the definition of “wetlands.”) The following
soils, classified in the Soil Survey of Bucks and Philadelphia Counties,
Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service,
July 1975, are hydric soils:
F.
Towhee extremely stony silt loam.
IMPERVIOUS SURFACES
Those surfaces which do not absorb precipitation and surface
water. All buildings, parking areas, driveways, roads, sidewalks,
swimming pools, and any areas in concrete, asphalt, packed stone,
or other equivalent surfaces 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 be classified as impervious surfaces.
IMPROVEMENT CONSTRUCTION DOCUMENTS
Include but are not limited to traffic studies, stormwater
management studies, floodplain studies, wetland studies, erosion and
sedimentation pollution control narratives, geological studies for
water supply, sewage facilities alternatives studies, etc. Studies
requiring engineering calculations shall be prepared, signed, and
sealed by a licensed professional engineer when deemed necessary by
the Borough.
IMPROVEMENTS
Those physical additions, installations, and changes required
to render land suitable for the use intended, including but not limited
to grading, paving, curbing, streetlights and signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, crosswalks, driveways, culverts, and street shade
trees.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential
buildings, whether purposed initially or cumulatively, or a single
nonresidential building on a lot or lots, regardless of the number
of occupants or tenure; or
(2)
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.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee, if he/she
is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in the land.
LANDSCAPE ARCHITECT
A professional landscape architect registered by the Commonwealth
of Pennsylvania.
LOT
A designated parcel, tract or area of land, established by
a plat or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
A.
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street 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 street lines intersects at an angle of less than 135°.
B.
LOT DEPTHThe mean distance from the ultimate right-of-way line of the lot to its opposite rear line, measured in a direction parallel to the side lines of the lot. Lot depth for triangular lots shall be the mean distance from the street line to the point of intersection of the side yards.
C.
LOT, DOUBLE-FRONTAGEA lot (except for a corner lot) which fronts upon two interior proposed streets within a subdivision.
D.
LOT, FLAG (LANE)A lot which meets the criteria for a variance or exception to the minimum lot width requirements under Chapter
340, Zoning.
E.
LOT, INTERIORA lot, the side lot lines of which do not abut on a street.
F.
LOT, MINIMUM WIDTHThe minimum required lot width, measured at the required building setback line.
G.
LOT, NONCONFORMINGA lot, the area or dimension of which was lawful prior to the adoption or amendment of Chapter
340, Zoning, but which fails to conform to the requirements of the zoning district under the current Chapter
340, Zoning.
H.
LOT OF RECORDA lot which has been recorded in the office of the Recorder of Deeds.
I.
LOT, REVERSE-FRONTAGEA lot (excluding corner lots) which abuts both a proposed street and an existing street of higher classification, with vehicular access solely from the street of lower classification.
J.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
K.
LOT, TRIANGULARA lot having three lot lines but which does not qualify as a corner lot.
L.
LOT WIDTHThe distance measured between the side lot lines at the required minimum front 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 line or street line.
LOT LINE ADJUSTMENT
A minor subdivision of land resulting in revised property
boundaries between two or more existing lots and not resulting in
the creation of any additional lots.
MAINTENANCE GUARANTY
Any security which may be accepted by the Borough for the
maintenance of any improvements required by this chapter.
MANUFACTURED/MODULAR HOME
A dwelling unit erected on a foundation and made of one or
more sections built in a factory. The completed unit shall meet all
applicable building codes in effect.
MARKER
A metal pipe or pin of at least 1/2 inch in diameter (preferred
3/4 inch or 7/8 inch) and at last 24 inches in length (preferred 30
inches to 36 inches).
MOBILE HOME
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.
For the purposes of this chapter, travel trailers are not considered
as mobile homes.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
MONUMENT
A stone or concrete monument with a flat top at least four
inches in diameter or square and at least 30 inches to 36 inches in
length. A stone monument must contain an indented cross or one-fourth-inch
drill hole. Concrete monuments shall contain a copper or brass dowel
or plug. It is recommended that the sides or radius of the monument
be at least two inches smaller at the top than at the bottom to minimize
movements caused by frost.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Municipalities
Authority Act, 53 Pa.C.S.A. § 5601 et seq.
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and appointed by the Borough.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
OPEN SPACE
Any parcel or area of land used for recreation, resource protection, amenity or buffers, which is freely accessible to all residents, and which is protected by the provisions of this chapter and Chapter
340, Zoning, to ensure that it remains in such uses. Open space does not include land occupied by buildings, roads or road rights-of-way; nor does it include the yards or lots of single-family or multifamily dwelling units or parking areas as required by the provisions of this chapter. Open space shall be left in a natural state, except in the case of recreation uses, which may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.
OPEN SPACE, COMMON
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development
and may include such complementary structures and improvements as
may be required and/or appropriate.
PEDESTRIAN WALKWAY
A continuous way designated for pedestrians and separated
from the through lanes for bicycles or motor vehicles by a space or
barrier.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
PLAN, FINAL
A complete and exact plan, prepared by a licensed engineer
or surveyor, prepared for official recording, showing right-of-way
lines, easements, lot dimensions with bearings, lot numbers, and any
other relevant information pertaining to the street and lot subdivision
or land development. The final plan shall include improvement construction
documents prepared by a licensed engineer, where applicable. Final
plans must show typical cross sections of streets and the horizontal
and vertical details (plan profiles of all streets, drainage facilities,
sanitary sewers, water mains, fire hydrants, streetlights, and all
underground and aboveground utility conduits and poles). An exact
copy of the approved final plan, on opaque linen of a sheet size of
24 inches by 36 inches, or such subsequent standard size required
for recording, shall be submitted for necessary signatures and recording
with the Bucks County Recorder of Deeds.
PLAN, PRELIMINARY
A plan, prepared by a licensed engineer and/or surveyor,
showing the existing features of a tract and its surroundings and
proposed street and lot layout within and adjacent to the subdivision
or land development, as a basis for consideration prior to preparation
of a final plan. A preliminary plan shall include improvement construction
documents prepared by a licensed engineer (where applicable). A preliminary
plan must show typical cross sections of the streets and the horizontal
and vertical details (plan profiles of all streets, drainage facilities,
sanitary sewers, water mains, fire hydrants, streetlights, and all
underground and aboveground utility conduits and poles).
PLAN, SKETCH
An informal plan indicating salient existing features of
a tract and it surroundings and a general layout of the proposed subdivision
or land development, to be used as the basis of informal discussions
between representatives of the Borough and the subdivider or land
developer.
PLAN, SOIL EROSION AND SEDIMENTATION CONTROL
A plan, approved by the Bucks County Conservation District,
for controlling erosion and sediment during construction, which shall
provide all steps, including scheduling, to assure erosion and sediment
control during all phases of construction, including final stabilization.
PLAT
A map or plan of subdivision or land development, whether
sketch, preliminary or final.
PUBLIC FACILITIES
Any parks, playgrounds, trails, paths or other recreational
areas; any water or sewer collection, transportation or treatment
facilities; all street, sidewalk, curb or other roadway facilities,
dedicated or undedicated; and any drainage or utility easement areas,
dedicated or not dedicated; and any other public or private improvements
required by ordinance and/or otherwise to be constructed and dedicated
to the Borough.
PUBLIC HEARING
A formal meeting, held pursuant to public notice by the Borough
Council or Planning Commission of the Borough, intended to inform
and obtain public comment prior to taking action in accordance with
this chapter.
PUBLIC MEETING
A forum held pursuant to the Sunshine Act, 65 Pa.C.S.A. § 701
et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in Silverdale Borough. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
RECREATION FACILITIES
The following definitions apply to the recreation facilities required by §
290-45 of this chapter:
A.
TOT LOTA confined, developed, neighborhood play area primarily for use by preschool children under the supervision of parents or guardian.
B.
PLAYFIELDA common area within a subdivision or land development for neighborhood residents to use for informal, active recreation purposes, such a ball games and other activities requiring a large lawn area away from homes or other buildings for their proper conduct.
C.
BASKETBALL COURTA complete basketball facility, including paved, standard-sized court area, with posts, backboards, and baskets at both ends of the court.
D.
TENNIS COURTA complete tennis facility, including paved, standard-sized court area, posts, net and fencing around its perimeter.
E.
SWIMMING POOLA complete swimming facility, including the pool, surrounding paved deck, lawn area, lifeguard and bathroom facilities, and appropriate mechanical equipment.
RESERVE STRIP
A narrow parcel of ground, having inadequate area for building
purposes, separating a street or a proposed street from other adjacent
properties.
RESUBDIVISION
Any subdivision or transfer of land, laid out on a plan which
has been approved by the Borough Council, which changes or proposes
to change property lines and/or public rights-of-way not in strict
accordance with the approved plan.
RETENTION BASIN
A basin designed to retain stormwater runoff so that a permanent
pool is established.
REVIEW
An examination of a subdivision or land development plan
by the Planning Commission and Borough Council to determine compliance
with this chapter and the administrative regulations, design standards
and improvement specifications enacted pursuant thereto.
RIGHT-OF-WAY, EXISTING
The legal right-of-way as established by the commonwealth
or other appropriate governing authority and currently in existence.
RIGHT-OF-WAY, ULTIMATE
The right-of-way deemed necessary to provide adequate width
for future street improvements and utility coordination.
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; that part of precipitation which
flows over the land.
SEDIMENT
Solid material, both mineral and organic, that is in suspension
in, has been transported by, or has been moved from its site of origin
by water.
SEDIMENTATION
The process by which mineral or organic material is accumulated
or deposited by the movement of wind and water or by gravity. Once
this matter is deposited, or remains suspended in water, it is usually
referred to as "sediment."
SELECT BACKFILL
Crushed stone backfill graded in accordance with PennDOT
Form 408, as amended.
SELECT EARTH BACKFILL
Earth backfill material free of organics and other objectionable
material, being a well-graded mixture of rock and soil with no particle
size greater than eight inches.
SETBACK (BUILDING SETBACK LINE)
The minimum distance that a building must be held back from
an adjacent lot line, depending on the applicable zoning district,
or the minimum distance from the ultimate right-of-way, depending
on the applicable street, road or highway.
SEWER, COMMUNITY
A system, whether publicly or privately owned, for the collection
of sewage or nonhazardous industrial wastes of a liquid nature from
two or more lots and for the treatment or disposal of the sewage or
industrial waste on one or more of the lots or at any other site.
SEWER, INDIVIDUAL
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into waters of the commonwealth or by means of conveyance
to another site for final disposal.
SIGHT DISTANCE
Includes “safe sight distance,” “safe stopping
site distance,” “passing sight distance,” and “decision
site distance,” as defined and regulated by Pennsylvania Code
Title 67, Chapter 441, and PennDOT Design Manual, Part 2, Publication
13, as amended. Sight distance for intersection of streets, alleys,
and driveways shall be measured (unobstructed) from a point 10 feet
back from the edge of the pavement at a height of 3.5 feet above the
pavement surface to another point six inches above the pavement surface.
SITE
A parcel or parcels of land intended to have one or more
buildings or intended to be subdivided into one or more lots.
SLOPE
The face of an embankment of a cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon the vertical difference in feet
per 100 feet of horizontal distance.
SLOPE, STEEP
Areas of at least 3,000 square feet in size where the average
slope exceeds 15% which, because of the slope, are subject to high
rates of stormwater runoff and, therefore, erosion and flooding.
SOIL PERCOLATION TEST
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for on-site sewage disposal.
STORMWATER MANAGEMENT ORDINANCE
Silverdale Borough East Branch Watershed Stormwater Management
Ordinance adopted pursuant to requirements of East Branch Watershed
Act 167 Stormwater Management Plan and National Pollution Discharge
Elimination System (NPDES) regulations for issuance of permits under
the Clean Water Act.
[Added 2-17-2014 by Ord.
No. 304]
STREET, ROAD or HIGHWAY
Includes a street, avenue, boulevard, road, highway, freeway,
parkway, lane, viaduct, alley, or any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private, which are identified on the legally adopted Borough Street
or Highway Plan or the Official Map, together with all necessary appurtenances,
including bridges, rights-of-way and traffic control improvements.
The term shall not include the interstate highway system.
A.
ALLEYAlleys are permitted to provide direct off-street parking and access for narrow lots.
C.
COLLECTOR STREETSStreets which give minimal emphasis to travel mobility, which are characterized by low travel speeds, full land access, neighborhood penetration, and which serve minor traffic generators, such as local elementary schools, small individual industrial plants, offices, commercial facilities and warehouses not served by principal or minor arterials.
D.
ARTERIAL STREETSThose serving large volumes of comparatively high-speed and long-distance traffic, and include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
E.
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with the arterial street.
F.
CUL-DE-SACA minor street intersecting another street at one end and terminated at the other by a vehicular turnaround.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
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.
SUBDIVISION, MINOR
The division of land into two lots, sites or other divisions
of land, which meets the following criteria:
A.
Does not involve the extension of any municipal
facilities, including streets, paving, improvement of existing streets,
new or improved public utilities, or new or improved public facilities.
B.
Does not, in the opinion of the Borough Council,
adversely affect the development of the remainder of the parcel by
restricting access or street frontage, or creating awkward or difficult-to-develop
parcels by reason of shape, size, location or physical characteristics
of the site, or unduly restricting the type of potential uses on the
remainder of the tract.
C.
Does not, in the opinion of the Borough Council,
adversely affect the adjoining property by reason of nuisance factors,
such as noise, smoke, odor, intensity, time of operation, etc., excessive
traffic generation, destruction of natural features or an adverse
affect upon existing drainage patterns.
D.
Does not adversely affect the present or future development of the Borough by reason of conflict with proposals of the Comprehensive Plan regarding types of land use, intensity of land use, or intensity of population, conflict with any provisions of the Official Map, or conflict with any provisions with Chapter
340, Zoning, nor any portion of this chapter.
E.
Does not constitute a subdivision or resubdivision
of any lot, tract, site, parcel or other division of land which had
been previously subdivided subsequent to the passage of this chapter
or within five years prior to the submission of the subdivision application,
whichever is less. If such prior subdivision has taken place, both
the prior subdivision and the application for additional subdivision
shall be considered a single application for the purpose of classification.
F.
In the instance where a subdivision contains
not more than three lots but fails to meet no more than two of the
criteria for a minor subdivision, the Borough Council may, at its
discretion, classify the subdivision as minor.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of 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.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
SWALE
A low-lying stretch of land, characterized as a depression,
used to carry surface water runoff.
TOPSOIL
Surface soils and subsurface soils which normally are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the A horizon.
TRAILER; MOBILE HOME
Any vehicle designed, intended, arranged, or used as a dwelling,
whether to stand on wheels or rigid supports. For the purpose of this
chapter, any inhabited trailer or mobile home shall be a single-family
dwelling and as such shall be subject to all applicable regulations
in this chapter or other Borough ordinances.
TREES, MATURE
Those which measure at least 10 inches in diameter at breast
height (4 1/2 feet above ground).
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded
or in any other manner improved.
UNIT
A part of the property, structure or building designed or
intended for any type of independent use, which has a direct exit
to a public street or way, or to an easement or right-of-way leading
to a public street or way, and includes a proportionate undivided
interest in the common elements which are assigned to the property,
structure or building.
WATERCOURSE
An intermittent or perennial stream of water, river, brook,
creek, or swale; a channel or ditch for water, whether natural or
man-made.
WATER FACILITY
Any waterworks, water supply works, water distribution system,
or part thereof, designed, intended or constructed to provide or distribute
potable water.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within Silverdale Borough.
WETLANDS
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 conditions, including
swamps, marshes, bogs and similar areas. The term also includes but
is not limited to wetland areas listed in the State Water Plan, the
United States Fish and Wildlife Service Wetlands Inventory of Pennsylvania,
the Pennsylvania Coastal Zone Management Plan and a wetland area designated
by a River Basin Commission.
WETLANDS DELINEATION
The process by which wetland limits are determined. Wetlands
must be delineated by a qualified specialist according to the 1989
Federal Manuals (as amended) for the Delineation of Jurisdictional
Wetlands (whichever is greater) or according to any subsequent federal
or state regulation. Qualified specialists shall include those persons
being certified professional soil scientists as registered with the
Registry of Certified Professionals in Agronomy Crops and Soils (ARCPACS);
or as contained on a consultants list of the Pennsylvania Association
of Professional Soil Scientists (PAPSS); or as registered with the
National Society of Consulting Soil Scientists (NSCSS); or as certified
by state and/or federal certification programs; or by a qualified
biologist/ecologist.
WOODLANDS
One-fourth acre or more of wooded land where the largest
trees measure at least six inches in diameter at breast height (dbh)
or 4.5 feet from the ground. The woodland shall be measured from the
dripline of the outer trees. Woodlands are also a grove of trees forming
one canopy where 10 or more trees measure at least 10 inches' diameter
at breast height (dbh).