As used in this chapter, unless a contrary intention is clear, the following terms shall have the meanings indicated:
ALLUVIAL SOILS Areas which are subject to periodic flooding as defined in Interim Soil Survey Report, Volumes I and II, Soil Conservation Service, 1970.
APPLICANT A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
[Amended 5-21-1990 by Ord. No. 644]
APPLICATION FOR DEVELOPMENT 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 plat or plan or for approval of a development plan.
[Added 5-21-1990 by Ord. No. 644]
AUTHORITY A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No.
164) known as the "Municipality Authorities Act of 1945."
[Added 5-21-1990 by Ord. No. 644]
BEGINNING OF REVIEW PERIOD (1) The review period shall begin on the date of the first regular meeting of the Perkasie Borough Planning Commission following receipt by the Borough Manager of an applicant's complete submission.
(2) The review period shall begin on the 30th day following receipt by the Borough Manager of an applicant's complete submission, in the event that no regular meeting of the Perkasie Borough Planning Commission occurs during the 30 days following receipt by the Borough Manager of the applicant's complete submission.
BOARD Any body granted jurisdiction under a land use ordinance or under the Pennsylvania Municipalities Planning Code to render final adjudications.
[Added 5-21-1990 by Ord. No. 644]
BOROUGH ARBORIST A person, selected by the Borough Manager with the approval of Borough Council, whose responsibilities include ensuring that the tree protection standards are followed correctly. The "Borough Arborist" must have a degree in arboriculture, horticulture, forestry, landscape architecture, silviculture or plant physiology and have a knowledge of and experience in the methods of tree protection.
[Added 8-7-1989 by Ord. No. 621]
BUILDING A structure having a roof which is used or intended to be used for the shelter or enclosure of persons, animals or property. The word "building" shall include any part thereof.
BUILDING SETBACK LINE The rear line of the minimum required front yards. The "building setback line" shall be measured from the future right-of-way line.
CARTWAY The hard or paved surface portion of any street or that portion of a street customarily used by vehicles in the regular course of travel over the street.
CONDOMINIUM (1) A dwelling unit which has all of the following characteristics:
(a) The unit, the interior and associated exterior areas designated for private use in the development plan, as owned by the occupant.
(b) The unit may be any permitted dwelling type.
(c) All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and in accordance with the provisions for open space, roads or other development features in Chapter
186, Zoning, and this chapter.
[Amended 9-18-2000 by Ord. No. 835]
(2) A "condominium" is an ownership arrangement and not a land use, therefore it is allowed in any district and under the same restrictions of the residential land use that comprises it.
CUL-DE-SAC A secondary street with one end open for vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
DECISION Final adjudication of any board or other body granted jurisdiction under any land use ordinance or the Pennsylvania Municipalities Planning Code to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the Borough lies.
[Added 5-21-1990 by Ord. No. 644]
DENSITY A measure of the number of dwelling units per unit area. The unit area for the R-1A and R-1B Residential Districts is the net buildable site area. The unit area for all other districts is the base site area. "Density" shall be expressed in dwelling units per acre.
DETERMINATION [Added 5-21-1990 by Ord. No. 644]
(1) Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
(b) The Zoning Hearing Board.
(c) The planning agency, only in and to the extent the planning agency is charged with final decision on preliminary or final plans under this chapter.
(2) "Determinations" shall be appealable only to the boards designated as having jurisdiction for such appeal.
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.
[Added 5-21-1990 by Ord. No. 644]
DEVELOPMENT PLAN 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 of development, streets, ways and parking facilities, common open space and public facilities.
[Added 5-21-1990 by Ord. No. 644]
DRAINAGE FACILITY Any ditch, pipe, culvert, storm sewer or structure designed, intended or constructed for the purpose of diverting surface water from or carrying surface waters off streets, public rights-of-way, parks, recreational areas or any part of any subdivision or land development.
DWELLING UNIT Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
EASEMENT A grant of the use of a parcel of land to the use of the public, a corporation or person for a specific purpose.
FEEDER ROOTS The smallest roots of a tree, which are responsible for most of the absorption of nutrients into the tree. Most are located within the top 12 inches of the soil.
[Added 8-7-1989 by Ord. No. 621]
FLOODPLAINS Areas adjoining any stream, watercourse, lake or pond which are subject to flooding as defined and delineated in Ch.
186, Zoning, and the Flood Boundary and Floodway Map therein.
FLOODPLAIN SOILS Areas subject to periodic flooding and listed in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, United States Department of Agriculture, Soil Conservation Service, 1999, as being on the floodplain or subject to flooding. The following soil types are "floodplain soils":
[Amended 9-18-2000 by Ord. No. 835]
(2) Alton gravelly loam, flooded.
FOREST Areas, groves or stands of mature or largely mature trees (i.e., greater than six inches in caliber) covering an area greater than 1/4 of an acre; or groves of mature trees (greater than eight inches in caliber) consisting of more than 10 individuals.
IMPERVIOUS SURFACE Those surfaces which are impervious to rain. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete and asphalt shall be considered "impervious surfaces" within this definition. In addition, paved areas and other areas determined by the Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.
IMPERVIOUS SURFACE RATIO A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the gross site area.
IMPROVED PUBLIC STREET Any street for which the Borough, county or commonwealth has maintenance responsibility and which is paved with an approved hardtop surface.
IMPROVEMENTS Those physical additions, installations and changes, such as streets, curbs, sidewalks, water mains, sewers, drainage facilities, public utilities and other appropriate items required to render land suitable for the use proposed.
LAKES and PONDS Natural or artificial bodies of water which retain water year round. Artificial "ponds" may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the permanent pool elevation. "Lakes" are bodies of water two or more acres in extent. "Ponds" are any water body less than two acres in extent.
LAND DEVELOPMENT [Added 5-21-1990 by Ord. No. 644]
Any of the following activities:
(1) 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.
(3) The following shall not be considered a "land development:"
(a) 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.
(b) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
LANDOWNER The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.
[Added 5-21-1990 by Ord. No. 644]
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 divided by a street. A "lot," for the purpose of this chapter, may or may not coincide with a lot of record, includes plot or parcel. 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.
[Amended 5-21-1990 by Ord. No. 644]
LOT AREA The total area of a lot lying within the lot lines and shall specifically exclude the area of any easements within the aforesaid lot lines.
LOT, CORNER A lot which has an interior angle of less than 135º at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a "corner lot" if the tangents to the curve at the points beginning with the lot or at the points of intersection of the side lot lines with the street right-of-way lines intersect at an interior angle of less than 135º.
MANAGER The Borough Manager, appointed as such by the Borough Council.
MINOR SUBDIVISION The division of a single lot, tract or parcel of land into not more than two lots, tracts or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of building development, provided that 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 required improvements, easement of access or the need therefor.
MUNICIPAL ENGINEER A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for Perkasie Borough.
[Added 5-21-1990 by Ord. No. 644]
NATURAL RETENTION AREAS Areas of 1/4 acre or more of poorly drained soils which lie along stream channels or swales or are adjacent to floodplain soils and which are subject to periodic flooding. These are portions of the following soil types where slope is less than 1/2%: Doylestown silt loam and Urban land — Abbottstown complex, as delineated in the Soil Survey of Bucks and Philadelphia Counties, United States Department of Agriculture, Soil Conservation Service, 1975, or as currently amended.
OPEN SPACE (1) Land held in common ownership, protected by easement, dedicated to the public or identified in another suitable manner in accordance with this chapter as "open space." To qualify as "open space," such land shall be used only for "open space" uses, i.e., recreation, amenity, buffer or resource protection. "Open space" does not include land occupied by buildings, roads or road rights-of-way, nor does it include the yards or lots of individuals or group dwelling units as required by the provisions of Chapter
186, Zoning, §
186-18 or
186-20.
(2) "Open space" shall be left in its natural state, except in the case of recreation uses. All impervious surfaces within "open space" areas shall be counted as part of the total impervious surface area in arriving at the impervious surface ratio for the development.
OPEN SPACE RATIO A measure of intensity of land use. It is arrived at by dividing the total amount of open space within the site by the gross site area.
PERSON Includes a corporation, partnership and association, in addition to the individual.
PONDS Natural or artificial bodies of water which retain water year round. Artificial "ponds" may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the maximum condition rather than permanent pool, if there is any difference.
PRUNING Removal of branches from a tree using proper tools and approved cutting techniques.
[Added 8-7-1989 by Ord. No. 621]
PUBLIC HEARING A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment prior to taking action in accordance with the Pennsylvania Municipalities Planning Code (Act 247, as amended by Act 170), 53 P.S. § 10101 et seq.
[Added 9-18-2000 by Ord. No. 835]
PUBLIC MEETING A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 P.S. § 271 et seq.
[Added 9-18-2000 by Ord. No. 835]
PUBLIC NOTICE Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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.
[Added 9-18-2000 by Ord. No. 835]
REPORT Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon their recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any "report" used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of production.
[Added 5-21-1990 by Ord. No. 644]
RIGHT-OF-WAY A strip of land occupied or intended to be occupied by a street, alley, crosswalk, sanitary or storm sewer, stream, drainage ditch or for another special use. The usage of the term "right-of-way" for land plotting purposes in the Borough shall mean that every "right-of-way" hereafter established and shown on a final record plan is to be separate and distinct from lots or parcels adjoining such "right-of-way" and not included with the dimensions or areas of such lots or parcels.
RIGHT-OF-WAY, FUTURE (1) The right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads.
(2) A right-of-way established to provide future access to or through undeveloped land.
SITE A parcel or parcels of land which are intended to have one or more buildings or intended to be subdivided into one or more lots.
SITE AREA, BASE The area of a tract of land remaining after subtracting land which is not contiguous, land previously subdivided and existing road and utility rights-of-way from the site area. See §
164-40 of this chapter for the specific calculations.
SITE AREA, NET BUILDABLE A calculated area upon which the density and impervious surface ratio requirements for the various districts are computed. It can be determined for a particular tract of land by completing the calculations found in §
164-40 of this chapter.
STEEP SLOPES Areas where the average slope exceeds 8%, which are subject because of this slope to higher rates or runoff and therefore erosion.
STREET (1) A public or private way used or intended to be used for passage or travel by automotive vehicles and pedestrians and to provide access to abutting properties.
(2) "Streets" are further defined and classified as follows:
(a) Thoroughfares.
[1] EXPRESSWAYDesigned for large volumes and high-speed traffic with access limited to grade separated intersections.
[2] ARTERIAL STREETDesigned for large volumes and high-speed traffic with access to abutting properties controlled.
[3] COLLECTOR STREETDesigned to carry a moderate volume of fast-moving traffic from primary and secondary streets to arterial streets, with access to abutting properties controlled.
(b) Local streets.
[1] PRIMARY RESIDENTIAL STREETDesigned to carry a moderate volume of traffic, to intercept secondary (residential) streets, to provide routes to collector streets and community facilities and to provide access to the abutting properties.
[3] MARGINAL ACCESS STREETA secondary street which is parallel to and adjacent to an expressway, arterial or collector street and which provides access to abutting properties and protection from through traffic.
[4] ALLEYA minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
[5] DRIVEWAYGenerally a private street for the use of vehicles and pedestrians providing access between a public street and a parking area within a lot or property.
STREET LINE The dividing line between the street and the lot. The "street line" shall be the same as the legal right-of-way line, provided that the street right-of-way shall not be less than required in §
164-20A through
D of this chapter and where a future right-of-way width for a street has been officially established, the street right-of-way line shall be the side line of the future right-of-way so established.
STRUCTURE A combination of materials assembled, constructed or erected at a fixed location, including a building, the use of which requires location on the ground or attachment to something having location on the ground.
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.
[Amended 5-21-1990 by Ord. No. 644]
SUBDIVISION, PERFORMANCE STANDARD Considered as subdivision or land development for the purpose of the procedural sections of this chapter. It is a subdivision or land development for which the developer chooses to use the performance standards set forth in the Chapter
186, Zoning, rather than the traditional zoning.
TOPSOIL Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. "Topsoil" is usually found in the uppermost eight inches.
[Added 10-16-1995 by Ord. No. 770]
TREE DRIPLINE The line marking the outer edges of the branches of the tree.
[Added 8-7-1989 by Ord. No. 621]
TREE PROTECTION ZONE (TPZ) An area that is radial to the trunk of a tree in which no construction activity shall occur. The "tree protection zone" shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the "tree protection zone" shall be the aggregate of the protection zones for the individual trees.
[Added 8-7-1989 by Ord. No. 621]
USE Any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
WETLANDS Areas of undrained, saturated soils supporting wetland vegetation, where the water table is at or near the surface or where shallow water covers the area due to permanent or seasonal inundation of surface or ground water. For the purposes of this chapter, "wetlands" are identified using a three-parameter approach. The first is the presence of hydrophytic or wetland vegetation. The second parameter considers whether the soil develops under saturated conditions and will exhibit certain morphological characteristics that distinguish it as a hydric soil. Finally, the third parameter considers the hydrology, so that an area must have either permanent surface water or be periodically inundated during the growing season by ground- or surface water.
[Added 9-19-1988 by Ord. No. 604]
WOODLANDS Areas comprised of one or more acres of mature or largely mature trees in which the largest trees measure at least six inches dbh (diameter at breast height or 4 1/2 feet above the ground). The "woodlands" shall be measured from the dripline of the outer trees. "Woodlands" are also 10 or more individual trees which measure at least 10 inches dbh and form a contiguous canopy.
[Added 9-19-1988 by Ord. No. 604]
YARD An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required "yard" shall be measured as the shortest distance between the structure and a lot line or street line.
YARD, FRONT A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner 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."