Borough of New Freedom, PA Background Provisions

Word usage. Words and phrases shall be presumed to be used in their ordinary context unless otherwise defined herein or interpreted in accordance with § 194-108B. Defined terms shall be interpreted in accordance with their definition unless the context clearly indicates otherwise.

Language interpretation. In this chapter:

(1)

Words in the present tense imply also the future tense.

(2)

The singular includes the plural.

(3)

The male gender includes the female gender.

(4)

The term "person" includes an individual, partnership, corporation, unincorporated association, estate, or any other legally recognized entity.

(5)

The terms "shall," "must," or "will" are always mandatory.

Specific terms. The following words and phrases shall be defined as follows:

AASHTO

American Association of State Highway and Transportation Officials.

ABUT

To touch or join at the edge or border; to border on; or to end at.

ACCESS DRIVE

A private drive which provides vehicular movement between a street and a tract of land containing any use other than one single-family dwelling unit or farm.

ACCESSORY DWELLING UNIT (IN-LAW QUARTERS)

A dwelling unit added to, or created within, a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking and sanitation as defined and regulated in the Zoning Ordinance.[1]

ACT 167

Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the "Storm Water Management Act."[2]

AGENT

Any person other than the developer, who, acting for the developer, submits subdivision and/or land development plans to the Borough for the purpose of obtaining approval thereof and is authorized to make representations.

AGRICULTURAL ACTIVITY

Activities associated with agriculture such as, but not limited to, agricultural cultivation, agricultural operations, and animal heavy use areas. This includes the work of producing crops, including tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops or pasturing and raising of livestock and installation of conservation measures. Construction of new buildings or impervious area is not considered an agricultural activity.

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

APPLICANT

A person having interest in land or standing to submit an application for development pursuant to this chapter.

APPLICATION

Every submission required to be filed and approved prior to start of construction or development for the approval of a subdivision plan or land development plan. The term "application" shall be all encompassing and include the plans and all supportive data and studies. The following are the types of applications authorized by this chapter:

(1)

ACCESSORY DWELLING UNIT (IN-LAW QUARTERS) APPLICATIONAn application specifically for a limited type of housing as defined and regulated in the Zoning Ordinance;[3]

(2)

FINAL PLAN APPLICATIONAn application prepared for official recording as required by statute to define property rights and depict required improvements;

(3)

LOT LINE ADJUSTMENT PLAN APPLICATIONAn application having as its sole purpose the addition of a parcel of land to an abutting lot with no additional lot being created;

(4)

PRELIMINARY/FINAL PLAN APPLICATIONAn application representing the combined submission of a preliminary plan and final plan;

(5)

PRELIMINARY PLAN APPLICATIONAn application which, when approved, authorizes the construction of required improvements and sets the parameters of a final plan;

(6)

REVISED FINAL PLANAn application for the correction of an obvious error or a minor alteration in a previously approved application; and

(7)

SKETCH PLAN APPLICATIONAn application submitted for informal review and comment by the Borough to which no rights attach.

BEST MANAGEMENT PRACTICE (BMP)

Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge, and to otherwise meet the purposes of this chapter. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this chapter, nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.

BMP MANUAL

Pennsylvania Stormwater Best Management Practices Manual, as amended and updated.

BOROUGH

New Freedom Borough.

BOROUGH COUNCIL

The governing body of New Freedom Borough, York County, Pennsylvania.

BOROUGH ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for New Freedom Borough.

BOROUGH SOLICITOR

The attorney firm appointed by the Borough Council or duly authorized by the Borough Council.

CARTWAY

The paved surface of a street or access drive that is available for use by vehicular traffic.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at a street intersection defined by a line of sight between points at center lines.

COMMON AMENITIES

Certain additions, alterations or modifications constructed or made to, upon or in connection with, realty as required by an approved subdivision plan or approved land development plan and which are not intended to be offered dedication to the Borough or its authorities. See definitions for "improvements" and "required improvements."

COMMON OPEN SPACE

Any area of land or water, or a combination of land and water, within a development site designed and intended for use by all residents of the development or the general public. Common open spaces shall not include areas devoted to driveways, access drives, parking lots, street rights-of-way, required setbacks and/or private yards contained on an individual lot of a principal residence. Typically, stormwater management facilities shall not be counted as common open spaces unless, with Borough approval, such facilities are designed and constructed as wet ponds or shallow basins that incorporate natural features, landscaping, recreational uses or other, similar qualities. With Borough approval, common open space can include golf courses and parklands, subject to the requirements of the Zoning Ordinance.[4]

COMMUNITY SEWAGE DISPOSAL SYSTEM

A system of conveyance, treatment and discharge that provides for the safe and healthful disposal of sewage generated by multiple principal uses that is not proposed to be owned and/or operated by New Freedom Borough or its Authority. All community sewage disposal systems shall be approved and permitted by the Pennsylvania Department of Environmental Protection and be in accordance with the Borough Act 537 Plan (Official Sewage Plan).

COMMUNITY WATER SYSTEM

A system of source, treatment, storage and/or distribution of domestic water supply to multiple principal uses that is not owned and/or operated by New Freedom Borough or its Authority, including their successors.

COMPREHENSIVE PLAN

The latest adopted version of the New Freedom Borough Comprehensive Plan, including any freestanding supplemental documents, as may be amended.

CONDITIONAL USE

A use that is appropriate to a particular zone in accordance with the Zoning Ordinance.[5]

CONDOMINIUM

Real estate, portions of which, in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980,[6] as amended, are designated for separate ownership and the remainder of which is designed for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

CONSERVATION DISTRICT

The York County Conservation District, which district is as defined in Section 3(c) of the Conservation District Law [3 P.S. § 851(c)], that has the authority under a delegation agreement executed with DEP to administer and enforce all or a portion of the regulations promulgated under 25 Pa. Code § 102.

CONSULTANT

All professional consultants, other experts, attorneys and independent contractors retained by the Borough to provide professional or expert advice or services to the Borough in connection with the review and comment on the developer's application or the construction, observation, inspection, review and/or approval of the required improvements contemplated by the developer's plan.

COUNTY

The County of York, Pennsylvania.

COUNTY PLANNING COMMISSION

The York County Planning Commission.

CURB

The raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.

CURBLINE

The outside edge of the cartway.

DAM

An impoundment structure regulated by the Pennsylvania DEP Chapter 105 regulations.

DEDICATION

The deliberate assignment of land or interest in land by its owner to a public entity.

DEED

A written instrument whereby an estate in real property is conveyed.

DESIGN STORM

The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence, e.g., a five-year storm, and duration, e.g., 24 hours, used in the design and evaluation of stormwater management systems. Also see "return period."

DETENTION BASIN

A reservoir/containment which temporarily contains stormwater runoff and releases it gradually into a watercourse or stormwater drainage system.

DETENTION VOLUME

The volume of runoff that is captured and released into the waters of this commonwealth at a controlled rate.

DEVELOPER

An applicant or any person who acquires the rights and obligations of the applicant in the plan.

DISTURBED AREA

An unstabilized land area where an earth disturbance activity is occurring or has occurred.

DRIVEWAY

An improved cartway designed and constructed to accommodate vehicular movement between a public street and a tract of land serving one single-family dwelling unit or a farm.

DWELLING

Any building or portion thereof designed and used exclusively for residential occupancy, but not including hospitals, nursing homes, hotels, motels, boarding, rooming and lodging houses, institutional houses, tourists courts, and the like, all offering overnight accommodations for guests or patients.

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking and sanitary facilities.

EARTH DISTURBANCE ACTIVITY

A construction or other human activity which disturbs the surface of the land, including, but not limited to: clearing and grubbing; grading; excavations; embankments; road maintenance; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.

EASEMENT

A property right granted for limited use of private land for a public or quasi-public or private purpose, and within which the owner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee.

ELEVATION

The average ground level at all corners of a structure, storage area, sign or other improvement.

ENGINEER

A professional engineer registered as such in the Commonwealth of Pennsylvania.

EROSION

The process by which soil particles are detached and transported by action of natural forces.

EXCAVATION

Any activity by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed and the resulting conditions.

FARM

A parcel of land which is used in the raising of agricultural products, livestock, poultry, or dairy products, including necessary farm structures within the prescribed limits and the storage of equipment customarily incidental to the primary use. For the purpose of this chapter, a farm shall not include kennels.

FEMA

Federal Emergency Management Agency.

FLOODPLAIN

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODWAY

The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the one-hundred-year flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.

FOREST MANAGEMENT/TIMBER OPERATIONS

Planning and activities necessary for the management of forest land. These include conducting a timber inventory, preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation, and reforestation.

FRONTAGE

The line of a lot coincident with an abutting right-of-way line of a street that can be used for vehicular access to the site.

GRADE

A measurement of slope expressed in terms of percentage of vertical distance versus horizontal distance.

HYDROLOGIC SOIL GROUP (HSG)

Infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSGs (A, B, C, and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The NRCS defines the four groups and provides a list of most of the soils in the United States and their group classification. The soils in the area of the development site may be identified from a soil survey report that can be obtained from local NRCS offices or conservation district offices. Soils become less pervious as the HSG varies from A to D (NRCS 3,4).

IMPERVIOUS SURFACE (IMPERVIOUS AREA)

A surface that prevents the infiltration of water into the ground. Impervious surfaces and areas shall include, but not be limited to, roofs, additional indoor living spaces, patios, garages, storage sheds and similar structures, and any new streets and sidewalks. However, any surface or area designed, constructed and maintained to permit infiltration as specified herein shall be considered pervious, not impervious. For the purposes of this chapter, a surface or area shall not be considered impervious if such surface or area does not diminish the capacity for infiltration of stormwater for storms up to, and including, a two-year twenty-four-hour storm event.

IMPROVEMENTS

All additions, alterations or modifications constructed or made to, upon or in connection with, realty as required by an approved land development plan or approved subdivision plan and which are intended to be offered dedication to the Borough or its authorities. See definitions for "common amenities" and "required improvements."

INFILTRATION

The entrance of surface water into the soil, usually at the soil-air interface.

IWRP

The York County Integrated Water Resources Plan, which plan includes Act 167 Plan elements and requirements.

LAND DEVELOPMENT

(1)

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, building groups, or other features.

(b)

A subdivision of land.

(2)

The following activities are excluded from this term:

(a)

The conversion of an existing building into not more than two residential units, unless such units are intended to be a condominium.

(b)

The addition of an accessory building/use, including farm buildings, on a lot or lots subordinate to an existing principal residence or farm.

(c)

The addition or conversion of buildings or rides within the confines of an amusement park. This exclusion shall not apply to newly proposed or newly acquired areas of an existing amusement park until the initial land development plans for such parks or areas have been approved pursuant to the terms of the Subdivision and Land Development Ordinance.

(d)

Construction of a nonresidential building addition, with no other related or unrelated alterations to the property.

(e)

Construction of a nonresidential accessory building, no greater than 500 square feet, with no other related or unrelated alteration to the property.

LAND SURVEYOR

A land surveyor registered in the Commonwealth of Pennsylvania.

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, including, but not limited to, easements.

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 and that is not divided by a street.

LOT LINE

A recorded boundary line of a lot; however, any line that denotes an adjoining public or private street or railroad right-of-way shall be interpreted as the lot line for the purposes of determining the location of the setbacks required by the Zoning Ordinance.

MANUFACTURED HOME

Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers and travel trailers. Manufactured homes placed in parks shall meet the Zoning Ordinance requirements for manufactured home parks.[7] Manufactured homes placed on individual lots shall be considered dwellings and be bound by the requirements imposed on dwellings.

MANUFACTURED HOME LOT

A parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home, which is leased by the park owner to the occupants of the manufactured home erected on the lot.

MANUFACTURED HOME PARK

A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.

MINIMUM LOT AREA

The least amount of land area required to be to be associated with a principal use as specified within the Zoning Ordinance.[8]

MPC

Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended.[9]

MUNICIPALITY

The Borough of New Freedom, York County, Pennsylvania.

NPDES

National Pollution Discharge Elimination System.

NRCS

USDA Natural Resources Conservation Service (previously SCS).

ON-LOT SEWAGE DISPOSAL SYSTEMS

A system of conveyance, treatment, and discharge that provides for the safe and healthful disposal of sewage generated by one principal use within the confines of the lot on which the use is located, as approved by the PA DEP.

ON-LOT WATER SERVICE

The provision of water to a single user from a private source located on the user's lot.

Commonwealth of Pennsylvania.

PA DEP

Pennsylvania Department of Environmental Protection.

PAVED

A condition of surface in which man-made materials are applied resulting in a durable, smooth, stable and dust-free surface over which vehicles and pedestrians may pass. This definition shall expressly include asphalt, bituminous, concrete, masonry, permeable, geogrids and other similar materials, provided they are applied with sufficient depth and base to achieve the required durable, smooth, stable and dust-free surface.

PEAK DISCHARGE

The maximum rate of stormwater runoff from a specific storm event.

PEDESTRIAN EASEMENT

A right-of-way, municipally owned or privately owned, which cuts across a block to furnish access for pedestrians to adjacent streets or properties.

PENNDOT

Pennsylvania Department of Transportation.

PERCOLATION

The downward movement, under the influence of gravity, of water under hydrostatic pressure through interstices of the soil or rock.

PERVIOUS AREA

Any area not defined as impervious.

PERSON

An individual, partnership, corporation, limited-liability company, limited-liability partnership, firm, company, association, governmental entity other than the Borough, trustee, receiver, assignee, or similar representative.

PLAN

The representation of a tract of land on a drawing, including all supplementary data required to be noted thereon by this chapter.

PLANNING COMMISSION

The Planning Commission of New Freedom Borough.

PUBLIC SEWER

A system of conveyance, treatment and discharge that provides for the safe and healthful disposal of sewage generated by multiple principal uses that is owned, leased and/or operated by New Freedom Borough or its Authority, including their successors.

PUBLIC UTILITIES

A facility, including an extension of a use thereof which is operated, owned or maintained by a municipality or municipal authority or which is privately owned and requires a certificate of public convenience approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service.

PUBLIC WATER

A system of source, treatment, storage and/or distribution of domestic water supply to multiple principal uses that is owned and/or operated by New Freedom Borough and/or it's Authority, including their successors.

REQUIRED IMPROVEMENTS

All additions, alterations or modifications constructed, or made to, upon or in connection with, realty as required by an approved land development plan or approved subdivision plan and which are the subject of financial security. Required improvements may include improvements and common amenities as those terms are defined herein. The scope of required improvements shall be based upon the approved land development or subdivision plan and may relate to or include, but shall not be limited to, traffic controls, streets, stormwater management facilities, sanitary sewage facilities, water distribution facilities, recreational facilities, street trees, parking lots, access roads, buffer plantings, screening, lighting, soil/erosion/sedimentation controls, and with respect to all of the foregoing, all appurtenances related thereto.

RETENTION BASIN

An impoundment in which stormwater is stored and not released during a storm event. Stored water may be released from the basin at some time after the end of a storm.

RETENTION VOLUME/REMOVED RUNOFF

The volume of runoff that is captured and not released directly into the surface waters of this commonwealth during or after a storm event.

RETURN PERIOD

The average interval, in years, within which a storm event of a given magnitude can be expected to occur one time. For example, the twenty-five-year return period rainfall would be expected to occur on average once every 25 years; or stated in another way, the probability of a twenty-five-year storm occurring in any one year is 0.04, i.e., a chance of 4%.

REVIEW FEES

All professional consultant or expert fees paid or incurred by the Borough in the course of plan review and comment (including all review and comment leading to final plan recording), or paid or incurred by the Borough and arising out of or relating to the construction, observation, inspection, review, and/or approval of the public improvements contemplated by the application.

RIGHT-OF-WAY

An area secured for a use and which may, but need not, be improved with streets, utilities, stormwater management facilities, traffic control facilities, curbs, sidewalks, bicycle lanes or paths, streetlights, and similar improvements for public benefit or enjoyment.

RIPARIAN BUFFER

A best management practice that is an area of permanent vegetation along surface waters. (Such areas serve as natural vegetative filters between upland landscapes and waterways.)

RUNOFF

Any part of precipitation that flows over the land.

SEDIMENT

Soils or other materials transported by surface water as a product of erosion.

SETBACK

The required horizontal distance between a setback line and a property or street line.

SETBACK LINE

A line within a property and parallel to a property line or street line which delineates the required minimum distance between some particular use of property and that property line or street line.

SHEET FLOW

Water flow with a relatively thin and uniform depth.

SPECIAL EXCEPTION

A use that is permitted in a zone but for which additional criteria have been established, and approval by the Zoning Hearing Board is required as provided for by the Zoning Ordinance.

SPILLWAY

A depression in the embankment of a pond or basin which is used to pass peak discharge greater than the maximum design storm controlled by the pond or basin.

STANDARD CONSTRUCTION DOCUMENTS

A document or series of documents containing requirements, specifications and details regulating construction in the Borough.

STATE WATER QUALITY REQUIREMENTS

The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.[10]

STORM FREQUENCY

The number of times that a given storm event occurs on average in a stated period of years.

STORM SEWER

A pipe or conduit, or a system of pipes or conduits, which intercepts and carries surface stormwater runoff, but excludes sewage, industrial wastes and similar discharges.

STORMWATER MANAGEMENT

A program of controls and measures designed to regulate the quality and quantity of stormwater runoff from a development, while promoting the protection and conservation of groundwater and groundwater recharge.

STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICES

Is abbreviated as BMPs or SWM BMPs throughout this chapter.

STORMWATER MANAGEMENT FACILITIES

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 facilities.

STORMWATER MANAGEMENT PLAN

Parts and/or elements of the York County Integrated Water Resources Plan which incorporate the requirements of the Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the "Storm Water Management Act."[11]

STORMWATER MANAGEMENT SITE PLAN

The plan prepared by the developer or his representative indicating how stormwater runoff will be managed at the development site in accordance with this chapter. "Stormwater management site plan" will be designated as "SWM site plan" throughout this chapter. For all NPDES permitted sites, the stormwater management site plan shall include, and be consistent with, the erosion and sediment control plan as submitted to the York County Conservation District (YCCD) and/or DEP.

STREET

A public or private right-of-way, excluding driveways and access drives, intended for use as a means of vehicular and pedestrian circulation that provides a means of access to abutting property. The word "street" includes "thoroughfare," "avenue," "boulevard," "court," "drive," "expressway," "highway," "lane," "road," and similar terms. This definition shall not include alleys as defined herein.

STREET CENTER LINE

A line laterally bisecting a street right-of-way into equal widths, where the street right-of-way cannot be determined, the cartway center line shall be deemed the street center line.

STREET LINE or RIGHT-OF-WAY LINE

The line defining the limit of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.

STREAM

Any natural or man-made channel of conveyance of surface water with an annual or intermittent flow within a defined bed and bank.

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. 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.

SUBSTANTIAL COMPLETION

Where, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 of the MPC) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

SWALE

A wide, shallow ditch which gathers or carries surface water.

SWM

Stormwater management.

TRAFFIC-CALMING DEVICES

All measures, systems and programs described in the Commonwealth of Pennsylvania Department of Transportation, Bureau of Highway Safety and Traffic Engineering, Publication 383, dated January 2001, and known as "Pennsylvania's Traffic Calming Handbook," and all revisions and updates thereto and any successor publications thereto.

UNIT OF OCCUPANCY

A unit, the use of which is not subordinate or customarily incidental to a principal unit. A unit of occupancy can be an independent unit within a building or a separate, detached building.

USDA

United States Department of Agriculture.

WAIVER

A change or modification to the literal terms of this chapter granted by Borough Council pursuant to the MPC.

WATERCOURSE

A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.

WATERSHED

All the land area from which water drains into a particular watercourse.

WATERS OF THIS COMMONWEALTH

Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.

WETLANDS

Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas, and which shall be identified using that method of the following that delineates the greatest area of wetlands:

(1)

The United States Army Corps of Engineers Technical Report Y87-1, Corps of Engineers Wetlands Delineation Manual;

(2)

The United States Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional Approach, Volume II, Field Methodology, as most recently updated or modified; or

(3)

The Pennsylvania Department of Environmental Protection's Resources Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified.

YCCD

York County Conservation District.

ZONING ORDINANCE

The Official Zoning Ordinance of New Freedom Borough.[12]

[1]

Editor's Note: See Ch. 225, Zoning.

[2]

Editor's Note: See 32 P.S. § 680.1 et seq.

[3]

Editor's Note: See Ch. 225, Zoning.

[4]

Editor's Note: See Ch. 225, Zoning.