A. 
Unless otherwise expressly stated or the context clearly indicates another meaning, the following words and phrases shall be construed throughout the chapter to have the meanings indicated below.
B. 
For the purpose of this chapter, words and terms used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future.
(2) 
The singular includes the plural, and the plural includes the singular, except that such interchange of meaning shall not apply where numbers in the text refer to specific minimum and maximum quantities.
(3) 
The masculine gender includes the feminine and neuter.
(4) 
The word "person" includes an individual, estate, trust, firm, corporation, partnership, company, association, incorporated association or government entity and any department, board, bureau or agency thereof, and any other legal entity which is recognized by law and shall include trustees, receivers, assignees, and similar representatives or entities.
(5) 
The words "may" and "should" are permissive. The words "shall," "must," and "will" are mandatory.
(6) 
The word "used" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used."
(7) 
The word "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be occupied."
(8) 
The words "as amended from time to time" and the like as applied to any statute, ordinance, code, regulation, plan or map, includes replacements, supplements or restatements thereof.
(9) 
References to a particular article, section or subsection which inherently refers to other articles, sections or subsections, includes all articles, sections or subsections referred to.
(10) 
The word "Supervisors" and the words "Board of Supervisors," where not otherwise specified, shall mean the Pennsbury Township Board of Supervisors.
(11) 
The words "governing body" refer to the Pennsbury Township Board of Supervisors.
(12) 
The word "Commission" and the words "Planning Commission" or "Township Planning Commission," where not otherwise specified, shall mean the Pennsbury Township Planning Commission.
(13) 
The words "Zoning Ordinance" shall refer to Chapter 162, Zoning,[1] as amended from time to time.
[1]
Editor's Note: See Ch. 162, Zoning.
(14) 
The words "Comprehensive Plan" refer to the then-current version of the Pennsbury Township Comprehensive Plan.
C. 
The terms "such as," "including" and the like are intended to introduce matters which are illustrative of the meaning of the sentence, clause or phrase in which such terms appear without limiting or derogating from the general application of the sentence, clause or phrase in which such terms appear. The word "includes" or "including" shall not limit the term to the specified example, but is intended to extend its meaning to all other instances of like kind and character and is considered interchangeable with the phrase "including but not limited to."
D. 
The word "building" includes structure and shall be construed as if followed by the phrase "or part thereof."
E. 
In addition to the definitions in this article, additional definitions in this or other ordinances, applicable regulations, or appendices thereto may apply or be called into application by reference. In case of conflict, the more stringent or restrictive definition shall apply.
F. 
Any word or term not defined herein shall be used with a meaning of standard usage.
For the purpose of this chapter, the following words, terms, and phrases have the meaning indicated herein:
ABUTTING
Any parcel, feature or improvement which is contiguous at any point to another parcel, feature or improvement or which is on the other side of a section of street (public or private) on which the subject parcel, feature or improvement has frontage.
ABUTTING OWNER
The owner of record of a parcel of land which is contiguous at any point to the parcel in question or which is on the other side of a section of street (public or private) on which the subject parcel has frontage i.e., a lot across from the subject parcel.
ACCESS DRIVE
An ingress/egress road or way serving commercial, industrial, institutional and residential developments excluding driveways to individual residential units.
ACRE
An area of land and/or water which equals 43,560 square feet, measured on horizontal plans.
ACTIVE RECREATIONAL AREA
Land devoted to uses involving leisure time activities and/or areas, typically involving sports, requiring equipment, or occurring at prescribed sites or fields (e.g., soccer, football, baseball, tennis, swimming, fitness trails, and the like).
ADJACENT
See "abutting."
AGENT
Any person other than the applicant or developer, including but not limited to a consultant, contractor, subcontractor, representative, licensee or invitee, who, acting for the applicant or developer, submits to the Township an application for development and/or subdivision or land development plans for the purpose of obtaining approval thereof.
AGRICULTURAL SOILS
Unless otherwise specified, soils classified in the current edition of the Soil Survey of Chester County as land capacity Classes I, II, III and IV, which may be considered prime agricultural soils or soils of statewide significance.
AGRICULTURAL USE OR PURPOSE
Those land uses which are devoted to the growing and harvesting of agricultural, horticultural, silvicultural, including timber production and timber harvesting, aquacultural, and viticulture crops and commodities and dairy products, livestock, including, but not limited to, raising dairy cattle, beef cattle, sheep, swine, horses, ponies, mules, goats, ranch-raised fur-bearing animals, poultry and bee raising, forestry, sod crops, and any and all products raised on farms intended for human or animal consumption or other uses. Property used to commercially board the aforementioned animals shall be considered to be in "agricultural use." Agricultural use or purpose shall not include commercial slaughtering or rendering operations.
ALLEY
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
ALLUVIAL SOILS
Areas subject to periodic flooding or defined as alluvial in the current edition of the Soil Survey of Chester County; soil formed from the deposit of sediment in flowing water.
ALTERATION
A. 
As applied to land, any 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; or any change which would alter the type or method of wastewater disposal system; any land disturbance.
B. 
As applied to buildings or other structures, any change or rearrangement, other than a repair, in the supporting members of an existing building such as bearing walls, columns, beams, or girders, as well as any change in exterior doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or moving of a building or structure from one location to another.
APPLICANT
A landowner, developer, contract purchaser (equitable owner), or his, her or its authorized agent who has filed a complete application for subdivision and/or land development, including his, her or its heirs, executors, personal representatives, successors, assigns and grantees.
APPLICATION or APPLICATION FOR DEVELOPMENT
Any application, for subdivision or land development, whether pre-application, sketch, preliminary or final, either recommended (preapplication or sketch), or required (preliminary or final) to be filed and approved prior to the start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan, or for approval of a land development plan, including the application form itself, all plan sheets, and all calculations, reports and studies required to be submitted by this chapter or applicable regulation.
ASTM
American Society for Testing and Materials.
AUTHORITY
A body, politic and corporate, created pursuant to the Municipal Authorities Act of 1945, as amended from time to time.[1]
AWWA
American Water Works Association.
BERM
A mound of earth, natural or man-made, which serves purposes such as: directing the flow of surface water runoff, preventing soil erosion, or supporting plant materials or fencing to aid in screening or buffering.
BEST MANAGEMENT PRACTICES (BMPs)
Management practices, activities, facilities, measures, procedures or methods for controlling stormwater runoff which provide hydrological (i.e., reduction of runoff volumes) and water quality (i.e., reduction of pollutants) benefits.
BICYCLE LANES
Lanes located on the paved surface or shoulder of a street for purposes of nonmotorized bicycle travel.
BLOCK
A parcel of land bounded on all sides by any combination of streets, public park land, railroad right-of-way, waterways, the corporate boundaries of Pennsbury Township, or any other barrier to the continuity of development.
BOARD
The Board of Supervisors of Pennsbury Township, Chester County, PA, or the official, person, or committee designated by the Board of Supervisors to act with respect to a particular matter set forth herein.
BUFFER or BUFFER AREA or BUFFER PLANTING STRIP
A defined portion of a parcel or lot proposed for development appropriate for the planting of, or retention of, suitable hardwood and/or evergreen trees, shrubs, bushes, grasses or other landscaping materials, including modifications to existing contours where appropriate, to create an acceptable transition between adjacent and potentially incompatible land uses or to screen glare and noise or create a visual barrier or otherwise reduce the potential for conflicts between them, within which no structure is permitted except a fence.
BUILDING
Any combination of materials forming any structure which is erected on the ground and permanently affixed thereto, designed, intended or arranged for the housing or sheltering of persons, animals, or property of any kind.
BUILDING PERMIT
An approval statement signed by the Zoning Officer and the Township's Building Code Official, indicating compliance with Chapter 162, Zoning, and any other ordinances or regulations, authorizing the construction, alteration, reconstruction, restoration, demolition or razing of all or a part of any building or structure within the Township.
BUILDING SETBACK LINES
A. 
BUILDING SETBACK LINE, FRONTA line parallel to the right-of-way line at the front of a lot at a distance equal to the depth of the minimum front yard, as designated for each use and each district by Chapter 162, Zoning.
B. 
BUILDING SETBACK LINE, SIDEA line parallel to the side lot line at a distance there from equal to the depth of the minimum side yard, as designated for each use and each district by Chapter 162, Zoning.
C. 
BUILDING SETBACK LINE, REARA line parallel to the rear lot line at a distance from the rear lot line equal to the depth of the minimum rear yard, as designated for each use and each district by Chapter 162, Zoning.
CALIPER
The maximum thickness or diameter of nursery stock trees at a point on the trunk six inches above the natural ground line for trees up to four inches in diameter and at a point 12 inches above the natural ground for trees over four inches in diameter. Diameter measurements for existing trees shall be taken as defined under "diameter at breast height" or "DBH" in this section.
CARTWAY
The surface portion of a street which is paved, improved, designated, available or intended for vehicular use.
CENTER LINE OF STREET
A line in the center of a street right-of-way which is equidistant from and parallel to the street lines. The center line may not actually be in the center of the cartway.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersection defined by lines of sight between points at a given distance from the intersection down the center lines of the intersecting streets.
CLEAR-SIGHT DISTANCE
The distance along a public or private road in which a driver of a stopped vehicle on a driveway, access drive or intersecting road needs to safely pull out and enter onto the main road. See Pennsylvania Code, Title 67, Transportation, Chapter 441, "Access to and Occupancy of Highways by Driveways and Local Roads."
COMMON DRIVEWAY
See "driveway, shared or common."
COMMON OPEN SPACE
See "open space, common."
COMMUNITY FACILITIES
The services which provide for various community health, education, safety, leisure, and like needs and the locations at which these services are provided. Typical community facilities include: schools, parks and recreation areas, libraries, health care facilities, fire protection, police, ambulance and rescue services and postal services.
COMPREHENSIVE PLAN
A long-range policy plan intended to guide the growth and development of Pennsbury Township and adopted as the Pennsbury Township Comprehensive Plan by the Board of Supervisors, as amended and its successor provisions, consisting of maps, charts and textual material.
CONDOMINIUM
A form of ownership of real property including an undivided interest in a portion of a parcel, together with a separate interest in a space within a structure, subject to the provisions of the Pennsylvania Uniform Condominium Act of 1980 (68 Pa.C.S.A. §§ 3101 through 3404).
CONSERVATION DISTRICT
The Chester County Conservation District.
CONSTRUCTION, CONSTRUCTION OPERATION OR ACTIVITY
Any activity which may involve construction, reconstruction, interior renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes and further including the cutting of trees of the excavation, cutting, filling, and grading of lots in connection therewith or in preparation or anticipation thereof.
CONTINUOUS VISUAL BUFFER
A visually impenetrable screen when planted or constructed, created through the effective use of perennial plant materials, fencing, walls and/or earth sculpting or berms.
COVERAGE, IMPERVIOUS OR COVER, IMPERVIOUS
See "impervious cover."
CRITICAL ENVIRONMENTAL AREAS
Areas identified and described in the Township Comprehensive Plan and Open Space Provisions, including: flood hazard and flood-fringe areas; prime agricultural soils; steep and very steep slopes; prime woodlands; low water yield areas; visually sensitive areas; historic and cultural sites and structures.
CROSSWALK
A marked or specially constructed crossing of a public or private road or other vehicular accessway designed to enhance pedestrian safety and facilitate pedestrian circulation.
CUL-DE-SAC
A form of a single access street with access at one end and terminated at the other by a vehicular turnaround.
CULVERT
A structure, including appurtenant works, which carries water under or through an embankment or fill.
CUT
The removal of soil or rock from its natural or predevelopment location.
DAM
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.
DATE OF FILING
Date on which a completed application together with all required information, fees, etc., is received by the Township Secretary.
DBH (dbh)
See "diameter at breast height."
DECISION
Final adjudication of any board or other body granted jurisdiction under this chapter or the Pennsylvania Municipalities Planning Code (Act 247, as amended)[2] to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations.
DENSITY
A measure of the number of dwelling units per unit of area calculated by dividing the number of dwelling units by the site area, whether gross area or net area, as defined in Chapter 162, Zoning, and usually expressed in dwelling units (DU) per acre.
DEP
Pennsylvania Department of Environmental Protection, formerly Pennsylvania Department of Environmental Resources. See "PADEP."
DESIGN STANDARDS
Regulations adopted pursuant to this chapter imposing specific improvement requirements by which a subdivision or land development is developed.
DESIGN STORM
The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., fifty-year storm) and duration (e.g., twenty-four-hour), and used in the design and evaluation of stormwater management systems.
DETENTION BASIN
A structure designed to retard surface runoff for a period of time sufficient to cause the deposition of sediment and to reduce the velocity and volume of surface flows leaving a site, thus preventing further erosion.
DETERMINATION
The final action by an officer, body or agency charged with the administration of any land use ordinance or application, except the following: (i) the Board of Supervisors; and (ii) the Zoning Hearing Board. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeals.
DEVELOPER
Any landowner, agent of such landowner, contract purchaser, or tenant with the permission of such landowner, or equitable owner who makes or causes to be made a subdivision of land or a land development, including his, her or its heirs, executors, personal representatives, successors, assigns and grantees.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; and the subdivision of land.
DEVELOPMENT PLAN
A sketch, preliminary or final plan, submitted in compliance with the requirements of this chapter, showing the provisions for development of a tract of land and including all information required pursuant to this chapter, including all covenants relating to use, location of buildings and other structures, intensity of use or density of development, streets, and parking facilities, common open space and public facilities.
DIAMETER AT BREAST HEIGHT (dbh)
The diameter of a tree trunk, measured at 4.5 feet from the ground surface at the point of the highest elevation in contact with the trunk of such tree.
DRAINAGE
The flow of water or liquid waste and the methods of directing such flow, whether natural or artificial.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee, allowing the use of private land for stormwater management purposes.
DRAINAGE FACILITY
Any ditch, gutter, pipe, culvert, storm sewer, retention basin, detention basin, or other structure designed, intended, or constructed for the purpose of controlling or diverting surface waters or carrying surface waters off streets, public rights-of-way, parks, recreational areas, or any part of any subdivision, land development, or contiguous land areas.
DRBC
Delaware River Basin Commission.
DRIP LINE
A generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.
DRIVEWAY
A private vehicular and pedestrian access between a public or private street and a parking area within a lot or property. A driveway may be shared by not more than three lots, unless permitted under the terms of this chapter. Any driveway serving more than three lots, unless otherwise permitted under the terms of this chapter, shall be deemed a private street.
DRIVEWAY, SHARED OR COMMON
A driveway which is shared by separate lots or ownership.
DULY FILED
An application for approval by the Township which is complete in terms of plans, reports, studies, maps, investigations, analyses, exhibits, fees, and the like required by this chapter. Applications for permits, subdivision, land development and the like shall not be considered as being duly filed unless all plans, accompanying information and applicable fees are submitted as required by the Township.
DWELLING or DWELLING UNIT
As defined in Chapter 162, Zoning.
EARTH DISTURBANCE ACTIVITY
Any activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, mining, excavation, embankments, road maintenance, construction and the moving, depositing, stockpiling, or storing of soil, rock or earth materials, including the deposition or spreading of sludge.
EASEMENT
An interest in land, including a conservation easement, owned by a party other than the owner of the fee interest in the land, that entitles the holder to a specific use, purpose, or enjoyment of the land, or to enforcement of restriction(s) on the use of the land or structures thereon.
EDU
Equivalent dwelling unit, as defined for purposes of sewage disposal pursuant to regulations of the Pennsylvania Department of Environmental Protection or the Chester County Health Department.
ENGINEER
A person duly licensed and registered by the Commonwealth of Pennsylvania to practice professional engineering.
ENGINEER, TOWNSHIP
A licensed Pennsylvania registered professional engineer, duly appointed by the Pennsbury Township Board of Supervisors as the engineer for the Township.
EROSION
The wearing away of soil, bedrock or land surface by water, wind, ice, chemical, or other natural force.
EROSION, ACCELERATED
The removal of the surface of the land through the combined action of man's activity and the natural processes at a rate greater than would occur because of the natural process alone.
EROSION, CHANNEL
The widening and deepening of waterways due to erosion.
ERSAP
Existing Resources and Site Analysis Plan.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or moved and shall include the conditions resulting therefrom.
EXISTING CONDITIONS
The initial condition of a project site prior to the proposed construction.
FENCE
An accessory wall or structure composed of wood, iron, steel, vinyl, brick, stone, decorative block, concrete block and/or other similar materials constructed, hedges [which may include shrubbery, trees (excluding shade trees) or other plants] or other material erected in such a manner and positioned as to enclose, or partially enclose, or inhibit the view of any premises or along any part of any premises. Trellises or other structures supporting, or for the purpose of supporting, vines, flowers and other vegetation when erected in such position as to enclose any premises or any part of any premises shall be included within the definition of "fence." Electronic or sound-controlled invisible fences® shall not be included within the definition of the word "fence."
FILL
Any act by which earth, sand, gravel, rock or any other material, including sludge, is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface, including all conditions resulting therefrom.
FINISHED GRADE or FINISHED ELEVATION
The final vertical elevation of the ground surface after development.
FLAG LOT
See "lot, flag."
FLOOD, 100-YEAR
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
FLOODPLAIN MAPS
Those maps prepared by the Federal Emergency Management Agency (FEMA) for Pennsbury Township, delineating the floodplain, as may be amended from time to time.
FLOODPLAIN or FLOODPLAIN AREA
The low areas adjoining and including a watercourse or other body of water (such as a pond, marsh or lake) which are subject to inundation by a 100-year flood or as otherwise prescribed in Chapter 162, Zoning.
FOREST
See "woodlands."
FREEBOARD
A vertical distance between the elevation of the design high water and the top of a dam, levee, tank, basin, or diversion ridge. The space is required as a safety margin in a pond or basin.
GRADE
A. 
GRADE (noun)A slope, usually of a road, channel or natural ground specified in percent and shown on plans as specified herein.
B. 
(1) 
To finish the surface of a roadbed, top of embankment or bottom of excavation;
(2) 
To change the surface of the ground by excavation or fill or a combination thereof; the act of moving earth.
GRADING
"To grade" as defined above as a verb.
GROSS FLOOR AREA
The sum of the horizontal areas of all floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the average floor-to-ceiling height is less than six feet.
GROUNDWATER RECHARGE
The process by which water from above the surface is added to the saturated zone of an aquifer.
GUARANTY, MAINTENANCE
Financial security which may be required of an applicant/developer by the Township pursuant to this chapter prior to the Board of Supervisors accepting dedication of improvements following completion, or to secure structural integrity of required improvements as well as the functioning of improvements in accordance with the design and specifications as depicted on the final plan, including landscape improvements, for a term not to exceed 18 months from the date of installation or acceptance of dedication, whichever is later. Such security may include but is not limited to performance bonds, escrow agreements, surety agreements, or irrevocable letters of credit.
GUARANTY, PERFORMANCE
Any security which may be required of a developer by the Township in lieu of the completion of any improvements required as a conditions for final approval of the applicant's subdivision plan or land development plan. Such security may include but is not limited to performance bonds, escrow agreements, surety agreements, or irrevocable letters of credit.
HAZARDOUS MATERIALS
Any hazardous or toxic substances, material or waste or petroleum derivative which is or becomes regulated by any environmental-related law. The term "hazardous material" includes, without limitation, any material or substance which is:
A. 
Designated as a "hazardous substance" pursuant to Section on 1311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317);
B. 
Defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); or
C. 
Defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq (42 U.S.C. § 9601).
HEDGEROW
A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak). Hedgerows are considered woodlands and regulated as such.
HISTORIC BUILDING
Any building which historically was used for human or animal occupancy that is representative and contributing to an understanding of the broad patterns of local, state or national history and identified as a historic resource on the Historic Resources Map adopted by the Board of Supervisors of Pennsbury Township.
HISTORIC DISTRICT
A geographically definable area which possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development and may be National Register listed or eligible.
HISTORIC RESOURCES
An historic building, historic structure, historic object, or a historic site and their context.
HISTORIC RESOURCES INVENTORY
The Pennsbury Township Historic Resources Inventory, which supplements and provides supporting associated information for the Historic Resources Map.
HISTORIC RESOURCES MAP
The map showing historic resources and their respective classifications more particularly described in § 162-1703 of Chapter 162, Zoning.
HISTORIC SITE
A land area which is the site or location of a human event or activity that has made a significant contribution to the broad patterns of local, state, or national history (such as, by way of example, a location of a gun emplacement or skirmish during the Battle of Brandywine, the ruins of which would have been a historic structure or historic object if it had not been damaged or destroyed) or which serves as a monument or shrine of such an event or activity (such as, by way of example, a cemetery or the ruins of a historic building) and which is identified as a historic resource on the Historic Resources Map adopted by the Board of Supervisors of Pennsbury Township.
HISTORIC STRUCTURE OR OBJECT
A structure, or the ruin thereof, which historically was not used for human or animal occupancy, or an object (such as hedgerows or walls), which is representative and contributing to an understanding of the broad patterns of local, state, or national history and has been identified as a historic resource on the Historic Resources Map adopted by the Board of Supervisors of Pennsbury Township.
HOMEOWNERS' ASSOCIATION
A nonprofit organization of homeowners or property owners, planned and operated pursuant to the Pennsylvania Uniform Planned Community Act (68 Pa.C.S.A. § 5101 et seq.), under approved rules and regulations, for the purpose of administering to the needs of residents through the maintenance of community-owned property or facilities.
HYDRIC SOILS AND SOILS WITH HYDRIC INCLUSIONS
A. 
Soil that is saturated, flooded, or ponded, long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation. Wetlands vegetation includes those plant species that have adapted to saturated soils and periodic inundations occurring in wetlands. Hydric soils include any soil inventoried or described as hydric or as a soil with hydric inclusions according to the Soil Survey of Chester County, Pennsylvania (most current data available) or other information provided by the Natural Resource Conservation Service (NRCS). In Pennsbury Township, hydric soils shall include, but are not limited to:
(1) 
Bedford silt loam.
(2) 
Lawrence silt loam.
(3) 
Glenville silt loam.
(4) 
Guthrie silt loam.
(5) 
Worsham silt loam.
B. 
Where site conditions indicate that the location of hydric soils or the hydric inclusions differ from locations indicated by the U.S. NRCS, the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Board of Supervisors; otherwise, the U.S. NRCS information shall be presumed to be accurate. Where the spplicant seeks reclassification of hydric soils and their location, such reclassification shall be undertaken by a certified soil scientist or other similarly qualified professional.
HYDROGEOLOGIST
A registered, professional person trained and having experience in the areas of hydrology and geology that deal with groundwater, its occurrence and movements, in its replenishment and depletion, the properties of rocks that control groundwater movement and storage, and the methods of investigation and utilization of groundwater.
IMPERVIOUS COVER or IMPERVIOUS COVERAGE
Any surface or material which is impenetrable or unable to absorb water, or allow for groundwater recharge, including but not limited to buildings, structures, roof overhangs, and paved areas including parking areas, driveways, streets, sidewalks, and other such areas in concrete, stone, or asphalt, as determined by the Township Engineer to be impervious within the meaning of this definition.
IMPOUNDMENT
A retention or detention basin designed to retain stormwater runoff and release it at a controlled rate.
IMPROVEMENTS
Any and all physical improvements, additions, changes enhancements, augmentations, conditions, common amenities and facilities to the land (whether or not the same are intended to be offered for dedication). Improvements shall include, but not be limited to streets (including but not limited to: curbing, base course, binder course, wearing course, subbase, excavation to rough grade, saw cutting and milling), erosion and sedimentation control facilities (including but not limited to: any proposed temporary E&S measures, rock construction entrance(s), silt fences, tree protection fences, baffles, temporary seeding of stockpiles, matting and inlet protection), stormwater management facilities (including but not limited to: swales, piping, inlets, manholes, end walls, head walls, outlet structures, level spreaders, detention basins (including topsoil and seeding), catch basins, fencing around detention basins, swale grading, stone backfill, antiseep collars, riprap and conversion from sedimentation basins), landscaping (including but not limited to: deciduous trees, evergreen trees, evergreen shrubs, perennials/grasses and buffer and screening plantings) street trees, streetlights, recreation paths and sidewalks (including but not limited to: excavation to rough grade and materials) walking paths and gazebos, corner iron pins and concrete monuments, striping and signage (traffic signs, street signs, etc.), utility trenching/installation for phone, cable, electric, etc., including backfill material, open space and recreation area improvements, clearing and grubbing, replacement of topsoil, traffic control signage and site preparation.
INFILTRATION STRUCTURE or INFILTRATION FACILITY
A structure designed as a stormwater BMP to collect and discharge runoff into the subsurface in a manner that allows infiltration into underlying soils and groundwater (e.g., french drains, seepage beds, seepage trench, and biofiltration swale).
INLET
A surface connection to a closed drain. A structure at the diversion end of a conduit. The upstream end of any structure through which water may flow.
INTERIOR LOT
See "lot, interior."
INVASIVE SPECIES
Plant species not native to local natural communities that grow and spread aggressively and displace native plants. Often also called "exotics," these species tend to reproduce prolifically and out-compete other plants for light, space, and nutrients, reducing plant diversity and wildlife habitat. Such species shall include those with a similar definition or classification assigned by the Commonwealth of Pennsylvania's Department of Environmental Protection and/or Department of Conservation and Natural Resources, as such definition or classification may be amended or updated from time to time, including but not limited to those listed in Appendix A.[3]
LAKES and PONDS
Natural or artificial bodies of water that retain water year-round. Artificial water bodies may be created by dams, or may result from excavation. The shoreline of such water bodies shall be measured from the spillway crest elevation.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot 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 proposed 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, buildings, or other features.
B. 
A subdivision of land.
C. 
Development in accordance with Section 503(1.1) of the Municipalities Planning Code, as amended,[4] is specifically included in the definition of land development, except where otherwise excluded in Section 503(1.1).
LAND DEVELOPMENT PLAN
A sketch, preliminary or final plan, submitted in compliance with the requirements of this chapter, showing the provision for development of a tract of land and including all information required pursuant to this chapter, including all covenants relating to use, location of buildings and other structures, intensity of use or density of development, streets, and parking facilities, common open space and public facilities.
LAND DISTURBANCE
Any activity which exposes soils, alters topography, and/or alters vegetation including any activity defined as woodland disturbance. The following activities shall not be regulated as land disturbance but shall nevertheless be undertaken in a manner such that disturbed areas shall be stabilized with suitable vegetation and shall not be left bare:
A. 
Customary agricultural practices such as tilling, plowing, mowing, and harvesting;
B. 
Customary landscaping practices such as mowing, planting, trimming;
C. 
Removal of hazardous vegetation or invasive species; or
D. 
Timber harvesting in accordance with the applicable provisions of Chapter 162, Zoning.
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, shall be deemed to be a landowner for the purposes of this chapter.
LANDSCAPE ARCHITECT
A professional landscape architect registered in the Commonwealth of Pennsylvania.
LANDSCAPE PLAN
A plan for the installation and maintenance of landscaping, prepared according to the provisions of this chapter.
LANDSCAPING
The planting of turf or other appropriate ground cover or the planting of deciduous and evergreen trees and shrubbery, including the maintenance thereof, for the control of erosion, the retention of precipitation, protection against the elements, and promotion of human comfort and welfare.
LANE, ACCELERATION OR DECELERATION
A lane adjacent to the primary cartway and attached thereto for use only by vehicles entering, leaving or crossing a lane of forward travel without interrupting the flow of traffic.
LOADING SPACE, OFF-STREET
A space in a building or on a lot which is accessible from the public street system for the temporary use of vehicles while loading or unloading merchandise, materials or passengers.
LOOP ROAD
A road that has its origin and ending with the same intersecting road.
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. The term "lot" typically refers to an individual preexisting lot or a lot within a tract proposed for subdivision. However, a tract proposed for development also is a preexisting "lot."
LOT AREA OR TRACT AREA, GROSS
The area of land contained within the limits of the legally described property lines bounding the lot or tract, as shown on a deed, survey, plot, subdivision or land development plan.
LOT AREA OR TRACT AREA, NET
The gross area of land contained within the limits of the legally described property lines bounding a lot or tract, excluding the following areas where existing at the time of any applicable application: street or railroad rights-of-way, common open space, easements for the purposes of access, public or private utility, or stormwater management, prohibitively steep slopes (greater than 25%), those areas identified as Area of Special Food Hazard (Zone A) in the Flood Insurance Study (FIS), streams, an area equal to 90% of any areas of alluvial soils and wetlands as defined by this chapter. Where this definition has been applied to minimum tract area for purposes of determining available density under conventional development under §§ 162-402A(2) and 162-403A(4) or the Open Space Design Option (ODSO) in accordance with Article XVIII, it shall not additionally be applied to minimum lot area for individual lots created within a conventional development or development in accordance with the OSDO.
LOT COVERAGE
The percentage of the total area of all impervious surfaces to the total area of the lot on which they are located.
LOT LINE
A property boundary line of any lot, except that in the case of any lot abutting the street, the lot line for such portion of the lot that abuts such street shall be deemed to be the same as the street line, and shall not be the center line of the street or any other line within the street lines even though such may be the property boundary line in a deed.
LOT LINE, FRONT
The lot line abutting a street and coinciding with the street line, and in the case of a corner lot, both lot lines abutting the streets shall be front lot lines.
LOT LINE, REAR
A lot line opposite and most distant from and generally parallel to the front lot line; if the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE
Any lot line not a front or rear lot line.
LOT OF RECORD
A lot existing on the date of enactment of this chapter.
LOT WIDTH
The distance, in feet, between the two opposite side lot lines at the building setback line, measured parallel to the street line. Where the street line is curved or angled, the lot width shall be measured as a straight line.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection on the side lot lines within the street lines intersect at an interior angle of less than 135°.
LOT, INTERIOR or LOT, FLAG
Any lot which only has access to a street by a narrow strip of land held in fee ownership by the owner of the lot it serves and any lot without street frontage existing as of the date of enactment of this chapter that is accessed by a perpetual easement recorded in the chain of title for the lot.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on two generally parallel streets with vehicular access only from the minor street.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed or used with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. For the purpose of these provisions, a mobile home shall be considered a manufactured home.
MARKER
A metal pipe or pin pursuant to § 138-521, placed at all points where lot lines, including open space lots or parcels, intersect road lines or other lot lines and at all angle points in lot lines, except where concrete monuments are required.
MOBILE HOME
A manufactured home.
MONUMENT
A stone or concrete monument with a flat top at least four inches across and at least 36 inches in length, as otherwise prescribed by the Township Engineer.
MUNICIPALITIES PLANNING CODE (MPC)
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10101 et seq.
NATIVE PLANT SPECIES
A species of plant that currently or previously inhabited or grew in a specified location, and which was not introduced to that location as a result of human activity, either intentional or accidental. The term "native" species generally refers to a species whose range was located within a large area like a continent or a nation. The term "indigenous" species is typically used to refer to a species whose original range extended into a smaller area like a state, county, or watershed. Examples of preferred native species or cultivars thereof are included in Appendix A.[5]
NPDES
National Pollutant Discharge Elimination System, the system whereby the federal government issues permits in accordance with the Federal Clean Water Act, which authority is delegated in Pennsylvania to the Pennsylvania Department of Environmental Protection (DEP).
OBSTRUCTION, WATER
Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream.
OLDFIELD
An area undergoing natural succession characterized by the presence of herbs, shrubs, and small trees (seedlings) whose branches do not form a complete or nearly complete aerial canopy.
ON-LOT SEWAGE DISPOSAL SYSTEM
A system which collects, treats, and disposes of sewage from only one dwelling unit, principal use or lot into a soil absorption system, spray field or tank.
OPEN SPACE, COMMON
A parcel or parcels of land or an area of water, or a combination of land and water, within a development designed and intended for the use or enjoyment of residents, which may be publicly or privately maintained and excluding streets, off-street parking areas, areas set aside for public facilities and private yards. It must be substantially free of structures, but may contain such improvements as are in the subdivision or development plan as finally approved and are appropriate for residents' recreation.
OUTLET CONTROL STRUCTURE
A structure designed to control the volume of stormwater runoff that passes through it during a specified length of time.
OWNER
See "landowner."
PARCEL
See "lot."
PARENT TRACT
That portion of each tract of land that is within Pennsbury Township, as that tract existed as of the effective date of this chapter.
PARKING SPACE
A space, available for the parking of one motor vehicle, exclusive of passageways, driveways or other means of circulation or access. A parking space shall include either a covered garage space or uncovered parking lot space located outside of the road right-of-way.
PARKING SPACE ACCESS
The drives or roadways and the maneuvering space required to service the parking space.
PASSIVE RECREATION AREA
Any area developed in such a manner as to be conducive of those activities that fall within the range of passive recreation, such as nature areas, craft areas, meeting areas, sitting areas, walkways, sunbathing areas, ponds and lakes, and picnicking areas.
PASSIVE RECREATIONAL USE
Any leisure-time activity not considered active (e.g., walking, picnicking, bird watching, fishing).
PEDESTRIAN WALKWAY
A continuous way designated for pedestrians and separated from the through lanes for bicycles or motor vehicles by space or other barrier.
PENNDOT
Pennsylvania Department of Transportation.
PERSON
Any 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, including any members, directors, officers, trustees, employees, managers and supervisors, partners or principals thereof. Whenever used in any clause prescribing and imposing a penalty, person specifically includes the members, directors, officers, trustees, employees, managers and supervisors, partners or principals, or any of them, of such legal entities, all of which shall be jointly and severally liable to the Township.
PIPE
A culvert, closed conduit, or similar structure (including appurtenances) that conveys stormwater, water or sanitary sewerage.
PLAN
See definition of "plat."
PLAN, AS-BUILT
A corrected final plan, showing dimensions and locations of all streets and other improvements as actually constructed.
PLAN, FINAL
A complete and exact subdivision and/or land development plan, including all required supplementary data, complete and prepared for official recording in accordance with the requirements of this chapter and with any conditions of approval imposed by the Township, to define property rights, proposed roads and other improvements. See Article IV of this chapter for final plan content.
PLAN, PRELIMINARY
A subdivision and/or land development plan presented to the Pennsbury Township Planning Commission and Board of Supervisors demonstrating compliance with existing ordinances and regulations and showing existing features, proposed road and lot layout, stormwater management facilities and engineering detail sufficient to ensure proper functioning of proposed improvements. See Article IV of this chapter for preliminary plan content.
PLAN, RECORD
An exact copy of the approved final plan on Mylar or linen of standard size, prepared for necessary signatures and recording with the Chester County Recorder of Deeds.
PLAN, SKETCH
An informal plan indicating existing features of a tract and its surroundings and, with respect for those features, the general layout of the proposed subdivision or land development submitted to the Township for discussion purposes only with the Planning Commission and Board of Supervisors. See Article IV of this chapter for sketch plan content.
PLANNING COMMISSION
The Planning Commission of Pennsbury Township, Chester County, Pa.
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
PLAT, RECORD
An exact copy of the approved final plan prepared for necessary signatures and for recording with the Office of the Chester County Recorder of Deeds.
PONDS
See "lakes and ponds."
PRIVATE STREET
See "street, private."
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board of Supervisors, intended to inform and obtain public comment, prior to action in accordance with the Municipalities Planning Code, Act 247 of 1968, as amended.[6]
PUBLIC MEETING
A meeting advertised by public notice, or a regularly scheduled meeting, for the discussion of a particular matter or required purpose, such as the review, approval, or denial of subdivision or land development applications. Such meetings may, at the discretion of the meeting body, inform and obtain public comment, and shall proceed pursuant to the applicable regulations for the matter at hand, including the Pennsylvania Municipalities Planning Code, Act 247 1968, as amended.[7]
PUBLIC NOTICE
Where required pursuant to the Pennsylvania Municipalities Planning Code, Act 247 1968,[8] as amended, notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time, place, and particular nature of the matter to be considered. 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.
REAL PROPERTY
All land whether publicly or privately owned, whether improved or not improved, with or without structures.
REPORT
Any letter, review, memorandum, compilation or similar writing made by any applicant, developer, 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.
RESERVE STRIP
A parcel of land which is in separate ownership and parallel to and between a road right-of-way and a tract or lot(s) of land.
REVERSE FRONTAGE LOT
See "lot, reverse frontage."
REVIEW
An examination of a plan, report, study or other material submitted by an applicant or developer to determine compliance with this chapter, Chapter 162, Zoning, and other pertinent requirements.
RIGHT-OF-WAY
Land area reserved or dedicated for a street, road, other means of travel or other public or private purpose, or essential services and utilities such as gas pipes, waterlines, or sewer lines.
RIGHT-OF-WAY, EXISTING
The legal right-of-way as established by a governing authority and currently in existence.
RIGHT-OF-WAY, FUTURE/ULTIMATE
The right-of-way deemed necessary to provide adequate width for future road or street improvements.
RIPARIAN BUFFER
As defined in Chapter 162, Zoning
RISER
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.
ROAD
See "street."
SANITARY SEWAGE
The water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water-carried waste of human origin.
SANITARY SEWER
A conduit that collects and transports sanitary sewage.
SEDIMENTATION BASIN
A barrier, dam, or retention or detention basin located and designed to retain rock, sand, gravel, silt, or other material transported by water.
SEEPAGE BEDS/SEEPAGE TRENCH
An area of excavated earth filled with loose stone or similar coarse material, into which surface water is directed for infiltration into the ground.
SEWAGE
Any substance that contains any waste products or excrementitious matter or other discharge from the bodies of human beings and laundry, bathroom, and kitchen wastewater.
SEWAGE DISPOSAL SYSTEM
A. 
INDIVIDUAL (ON-LOT OR OFF-LOT) SEWAGE DISPOSAL SYSTEMThe disposal of sewage from one lot by the use of piping, tanks and other facilities approved by the Chester County Health Department or the Department of Environment Protection. Such system shall be totally within the confines of the lot on which the use is located (on-lot), or shall be located within an easement designated for such purpose on another lot (off-lot).
B. 
COMMUNITY COLLECTION AND TREATMENT SEWAGE DISPOSAL SYSTEMA sanitary sewage system which carries sewage from more than one individual discharger or two or more EDUs by a system of pipes to a common treatment and disposal facility, either on-site or off-site approved by the Pennsylvania Department of Environmental Protection, or other applicable regulatory agency.
C. 
PUBLIC SEWAGE DISPOSAL SYSTEMAn off-site system for treatment and disposal of sewage in which sewage is conveyed by interceptor to the treatment facility and disposed of through means approved by the Pennsylvania Department of Environmental Protection. Such service may be administered by government agency, municipal authority, or public utility. Such system services a municipality(ies) or generally larger areas within a municipality(ies).
SEWER SERVICE AREA
That portion of the Township designated in the Official Sewage Facilities Plan (Act 537 Plan) in which there is, or may be, constructed a public sewage disposal system.
SHEET FLOW
Runoff that flows over the ground surface as a thin, even layer, not concentrated in a channel.
SIGHT DISTANCE
The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic, as follows:
A. 
OBJECT SIGHT DISTANCEShall be measured from a point 3.5 feet above the center line of the road surface to a point 0.5 foot above the center line of the road surface at the point of minimum required sight distance;
B. 
VEHICLE SIGHT DISTANCEShall be measured from a point 3.5 feet above the center line of the road surface to a point 3.5 feet above the center line of the road surface at the point of minimum required sight distance.
SITE
A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into two or more lots.
SITE AREA
Any land area within a site as determined by an actual site survey.
SLOPE
The percentage of the change in vertical distance (rise) over the horizontal distance (run), as measured between consecutive contour lines expressed as a percentage.
SOIL PERCOLATION TEST
A field test conducted according to the rules and regulations of the Commonwealth of Pennsylvania, Title 25, Chapter 73, or other applicable provisions as may be amended or restated from time to time, to determine the suitability of the soil for sanitary sewage disposal by measuring the absorptive capacity of the soil at a given location and depth.
SPECIMEN VEGETATION
Any tree or other vegetation determined to be of specimen quality as defined in Chapter 162, Zoning.
STABILIZATION
The proper placing, grading and/or covering of soil, rock, or earth to insure their resistance to erosion, sliding or other movement.
STEEP SLOPE
A. 
Those areas of land where the grade is 15% or greater. Steep slopes are divided into two categories:
(1) 
Moderately steep slopes are those areas of land where the grade is 15% to 25%.
(2) 
Very steep slopes are those areas of land where the grade is greater than 25%.
B. 
Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purpose of application of these regulations, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be based on contour intervals determined by detailed topographical survey using aerial photogrammetry or actual field survey and shall be signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
STORM SEWER
A system of pipes or other conduits which carries intercepted surface runoff, road water and other waters, or drainage, but excludes domestic sewage or wastewater and industrial wastes.
STORMWATER
The precipitation reaching the ground surface.
STORMWATER MANAGEMENT FACILITY
Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and infiltration structures.
STORMWATER MANAGEMENT PLAN
The plan prepared by the developer or his representative indicating how stormwater will be managed in accordance with the requirements of this chapter.
STREAM
A watercourse.
STREET
A pubic (dedicated) or private (undedicated) right-of-way intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot, except as provided herein for shared use of driveways for no more than three lots. The word "street" includes road, roadway, thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, service street, and similar terms.
STREET FUNCTIONAL CLASSIFICATION
A designation in the Pennsbury Comprehensive Plan, as amended, given a street in accordance with its function as a carrier of traffic and from which specific setback distances and other regulations in this chapter apply. Classifications for new streets within the Township, or streets not designated in the current Township Comprehensive Plan, shall be determined by the Board of Supervisors after recommendation by the Planning Commission. For the purpose of this chapter, the following eight classifications shall apply based on the Pennsbury Township Comprehensive Plan:
A. 
ARTERIAL (MAJOR)A street serving a heavy volume of comparatively high-speed and long-distance traffic generally ranging between 10,000 and 60,000 trips per day, and usually consisting of more than two lanes and linking urban centers.
B. 
ARTERIAL (MINOR)A street serving a heavy volume of comparatively high-speed traffic, but their focus is more regional than the major arterials and provides for traffic ranging from 8,000 to 20,000 trips per day with more access than major arterials.
C. 
COLLECTOR (MAJOR)A street, which accommodates traffic averaging 4,000 to 10,000 trips per day, designed and located to provide means to collect traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Township to arterial streets and/or a street used for access to nonresidential properties.
D. 
COLLECTOR (MINOR)A street, which accommodates traffic averaging 1,000 to 5,000 trips per day, designed to connect neighborhoods and be primarily used for intramunicipal use.
E. 
LOCALA street, which accommodates less than 1,500 trips per day, intended to serve and provide access to the properties abutting thereon, intended for short distance travel and not to encourage through traffic.
F. 
STREET, MARGINAL-ACCESSA local street parallel and adjacent to an arterial street, (but separated from it by a reserve strip) which provides access to abutting properties.
G. 
STREET, PRIVATEA local street serving four or more lots that is not offered or required to be offered for dedication.
H. 
STREET, SINGLE-ACCESSA local street or streets, including but not limited to cul-de-sac and loop designs, which has only one point of intersection with an existing Township or state road or with a proposed road having more than one access point.
STREET LINE
The right-of-way, or the dividing line between a lot and the outside boundary of a public street, road or highway, legally open or officially plotted, or between a lot and outside the boundary of a privately owned street, road, or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way.
STREET TREE(S)
Tree(s) provided along streets pursuant to § 138-522 of this chapter.
STREET, CENTER LINE OF
A line which is an equal distance from both street lines as originally laid out and constructed.
STREET, PRIVATE
A thoroughfare serving abutting lots held in single and separate ownership and not deeded or dedicated to the Township.
STREET, PUBLIC
A public thoroughfare which has been dedicated and deeded to the Township and which affords the principal means of access to the abutting property.
STRUCTURE
Any man-made object or assembly of material having an ascertainable stationary location on or in land or water, whether public or private, including, but not limited to, buildings, sheds, mobile homes, signs, fences or walls, antennae, porches, decks, patios, platforms, tennis courts, swimming pools, tanks, and towers, and similar items.
SUBDIVIDER
See "developer."
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 division by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street, easement of access or any residential dwelling, shall not be considered a subdivision.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
The Subdivision and Land Development Ordinance of Pennsbury Township, Chester County, PA.
SUBDIVISION OR LAND DEVELOPMENT, MAJOR
Any subdivision not classified as a minor subdivision, and any land development that does not include subdivision.
SUBDIVISION PLAN
A sketch, preliminary or final plan, submitted in compliance with this chapter, showing the provision for the subdivision of a tract of land.
SUBDIVISION, MINOR
Any subdivision classified as a minor subdivision in accordance with Article III of this chapter.
SUPERVISORS
The Board of Township Supervisors of Pennsbury Township, Chester County, Pennsylvania.
SURFACE RUNOFF
Water flowing from a specific site or land area, typically from defined precipitation events such as a twenty-four-hour storm, including flows from pervious natural surfaces in excess of soil permeability rates and flows from fully and partially impervious developed surfaces.
SURVEYOR
A professional land surveyor registered by the Commonwealth of Pennsylvania.
SWALE
A low-lying stretch of land which gathers or carries surface water runoff.
TOWNSHIP
The Township of Pennsbury. The Board of Supervisors of Pennsbury Township or the official, person, or committee designated by the Board of Supervisors to act with respect to a particular matter set forth herein.
TRACT
One or more contiguous lots within the Township, assembled for the purpose of unified development, including a planned residential development, multiple-family development, planned shopping center, planned office park, industrial park, cluster development or lot averaging development, or a mobile home park. See "lot."
USE
An activity or the specific purpose for which land or a building is designed, arranged, intended, or improved on a lot or for which it is or may be occupied or used.
WATER SUPPLY
Water supply shall mean the following:
A. 
INDIVIDUAL WATER SUPPLYA safe and healthful supply of water consisting of a well, piping, pump and other equipment which services one single user.
B. 
COMMUNITY WATER SUPPLY SYSTEMA system for supplying water from a common source or sources to more than one dwelling and other buildings within a development, or other Township service area. The water supply source may be located on-site and/or off-site and may be publicly or privately owned.
C. 
PUBLIC WATER SUPPLY SYSTEMA system for supplying water in sufficient quantities to more than one dwelling and other buildings, which is administered by a municipality, municipal authority, or public utility as defined and regulated by the Pennsylvania Public Utility Commission (PUC). Such system services a municipality(ies) or generally larger areas within a municipality(ies).
D. 
OFF-SITE WATER SUPPLYA safe, adequate and healthful supply of water to more than one user from a common source or common supplier approved by all governmental agencies having jurisdiction over such matters and either governmentally or privately owned or PUC-controlled.
WATER TABLE
The upper surface of a zone of saturation, except where that surface is formed by an impermeable body.
WATERCOURSE
A watercourse is a channel or conveyance of surface water having defined bed and banks, with perennial or intermittent flow, including the course of outflow from any spring, a river, brook, creek or stream. The definition of watercourse shall exclude facilities constructed solely for stormwater management.
WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, dammed water, 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 the Commonwealth of Pennsylvania.
WETLANDS
Wetlands are those areas 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, ponds, lakes, and similar areas. Wetlands include all lands regulated as wetlands by the PADEP or the U.S. Army Corps of Engineers. In the event there is a conflict between the definitions of these agencies, the more restrictive definition applies.
WOODLAND DISTURBANCE
Any activity which:
A. 
Alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species as well as the removal of humus or duff from the ground; or
B. 
Constitutes a land disturbance within a woodland or hedgerow.
C. 
Notwithstanding the foregoing, woodland disturbance does not include the following:
(1) 
Removal of vegetation which constitutes hazardous condition(s); or
(2) 
Selective cutting or removal of invasive alien species, including trees, shrubs, vines or herbaceous species; or
(3) 
Timber harvesting which is independently governed by Chapter 162, Zoning.
D. 
Where woodland disturbance is regulated as a timber harvesting operation, such operation shall not be separately regulated as woodland disturbance for the purposes of this chapter and shall not require a submission pursuant to this chapter.
WOODLANDS
A tree mass or plant community covering an area of 0.25 acre or more, in which tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy. The extent of any woodland plant community or any part thereof shall be measured from the outermost drip line of all the trees in such plant community. "Woodland" shall include any area where timber has been harvested within the previous three years and/or woodland disturbance has occurred within the previous three years which would have met the definition of woodland prior to timbering or disturbance but not prior to enactment of this section. "Woodlands" do not include orchards or old fields or tree farms.
YARD
An open space between the principal building or group of buildings and the nearest lot line or road right-of-way which is unoccupied and unobstructed from the ground upward except for permitted accessory structures or as otherwise herein permitted. The minimum depth of each required yard is established by the applicable building setback line.
ZONING MAP
The Official Zoning Map of Pennsbury Township, Chester County, Pennsylvania.
ZONING ORDINANCE
The Zoning Ordinance of Pennsbury Township, Chester County, Pennsylvania.
[1]
Editor's Note: Said Act was repealed 6-19-2001 by Act 22 of 2001 (P.L. 287, No. 22). See now Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
[4]
Editor's Note: See 53 P.S. § 10503(1.1).
[5]
Editor's Note: Appendix A is included as an attachment to this chapter.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.