Borough of Langhorne, PA: Definitions.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

As used in this chapter, the following terms shall have the meanings indicated:

Any person, other than the subdivider, the applicant or the developer, who, acting for or apparently acting for the subdivider, the applicant or the developer, submits to the Borough sketch, concept, preliminary or final plans.

ALLEY

A right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties and not intended for general circulation.

APPLICANT

Any person, including a landowner, subdivider or developer, who submits a sketch, concept, preliminary or final plan for subdivision, land use or development, including heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT

Every application, whether sketch, concept, preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan, for a land use change or expansion or for the approval of a development plan.

APPOINTING AUTHORITY

The Borough Council, or as may be designated in the law providing for the form of government or the responsibility for appointment.

ARCHITECT

A professional architect currently registered by the Commonwealth of Pennsylvania.

AREA

LOT AREAThe area contained within the property lines of the individual parcels of land shown on a subdivision plan or required by this chapter, excluding any area within an existing or designated future street right-of-way or any area required as open space under this chapter, and including the area of any easements. See Table 450-603 of Chapter 450, Zoning,[1] for required lot areas.

AVERAGE LOT AREA PER DWELLING UNITThe average lot area for all dwelling units of a single type. Individual lots may be smaller or larger that the average, provided that the average size is maintained and that all other standards of this chapter and Chapter 450, Zoning, are met.

BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings.

FLOOR AREAThe sum of the areas of the several floors of building structure, including areas for human occupancy, basements, attics, and penthouses, as measured from the exterior faces of the walls. It shall not include cellars, unenclosed porches, attics, areas not used for human occupancy, motor vehicle parking space in accessory or principal buildings intended and designed to meet parking requirements of this chapter, or floor space intended and designed signed for accessory heating, cooling and ventilating equipment.

BASEMENT

A story partly below grade level but having at least one-half of its height (measured from floor to ceiling) above the average level of adjoining ground. A basement shall be counted as a story for the purpose of height measurement and for determining square footage if the vertical distance between the ceiling and the average level of adjoining ground is more than four feet or if it is used for business or dwelling purposes.

BLOCK

An area bounded by three or more streets.

BOROUGH COUNCIL

The elected, governing body of the Borough of Langhorne.

BOROUGH ENGINEER

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

BOROUGH SOLICITOR

An attorney currently licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Solicitor for the Borough of Langhorne.

BUFFER

An area of land, including landscaping and berms, that is located between land uses of different character and is intended to mitigate the impact of the uses of different character.

BUILDING HEIGHT

The vertical distance measured from the elevation of the finished grade at the street side of the building to the highest point of the roof, including all appurtenants, antennas, chimneys, mechanical systems or building service equipment.

BUILDING SETBACK LINE

The line established by the required front yard, defining the minimum required distance between any building or structure or portion thereof to be erected or altered and an adjacent right-of-way or street line. Such line shall be measured at right angles from the street right-of-way line and shall be parallel to said right-of-way line. For tracts of land that are not adjacent to a right-of-way or street line, such line shall be measured from the boundary line that is parallel to the street right-of-way line.

CARTWAY (ROADWAY)

The portion of a street right-of-way, paved, or unpaved, intended for vehicular use.

CELLAR

A story partly underground and having more than one-half of its clear height below the average level of adjoining ground. It shall not be used for dwelling purposes. It shall not be considered in determining the permissible number of stories or square footage.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at:

Street intersections;

Driveway and street intersections; or

Entrance and street intersections, defined by lines of sight between points at a given distance from the intersection of the street right-of-way lines and/or the curb cuts.

COMMON OPEN SPACE OR OPEN AREAS

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development or to protect and preserve environmental features, not including streets, off-street parking areas, and areas set aside for public facilities.

CONDOMINIUM

A condominium is an ownership arrangement and not a land use. Therefore, it is allowed and under the same restrictions of the residential land use that comprises it. A condominium is a dwelling unit which has all of the following characteristics, required by Title 68, of the Real and Personal Property Act of Pennsylvania (also known as the Uniform Condominium Act):[2]

A condominium is real estate, portions of which are designated for separate ownership and the remainder of which is designated 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.

The unit may be any permitted dwelling type.

CONVERSION

Modification of an existing building into two or more dwelling units. A conversion is a land development as defined by Section 107(a),[3] and not as defined by Section 503.(1.1),[4] of the Pennsylvania Municipalities Planning Code and is governed by this chapter, Chapter 450, Zoning, and other Borough ordinances.

COUNTY

Bucks County, unless otherwise stated.

CROSSWALK

A publicly or privately owned right-of-way for pedestrian use crossing a cartway.

CUL-DE-SAC

See Subsection B(7) of the definition of "street."

DECISION

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this act to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the municipality lies.

DENSITY

Density is a measure of the maximum permitted intensity of use of a piece of land. It shall be expressed in dwelling units per acre. In § 450-603, Table of Performance Standards, of Chapter 450, Zoning, the maximum density for a land use in a particular zoning district is stated in terms of gross density and net density.

GROSS DENSITYThis is calculated by dividing the total number of dwelling units by the base site area. The gross density stated in § 450-603 is intended to be illustrative and for the layman's convenience only.

NET DENSITYThis is the maximum density permitted on the buildable portion of the site as determined in § 450-602, Site capacity calculation, of Chapter 450, Zoning. The net density is controlling for all subdivisions or developments with density requirements. Net density is calculated by dividing the total number of dwelling units by the net buildable site area.

DESIGN STANDARDS

Regulations adopted pursuant to this chapter imposing minimum standards in the layout by which a property is developed.

DETERMINATION

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

The Borough Council;

The Zoning Hearing Board; or

The Planning Commission, only if and to the extent the Commission is charged with final decision on preliminary or final plans under this chapter or planned residential development provisions. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

DEVELOPER

Any landowner, who submits a sketch, concept, preliminary or final plan for subdivision, land use or development, including agents, tenants with the permission of landowner, heirs, successors and assigns.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction of new buildings or structures, the relocation of an existing building to a lot, the use of open land for a new use, a change in use of land or a structure, the construction of parking lots, fences, pools or signs, altering the contour or surface of land by clearing, mining, filling, grading, paving, excavation or drilling, and/or the implementation of temporary uses.

DEVELOPMENT PLAN

The provisions for development, including a planned residential development, a plan or plat of subdivision, land use or land development, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space, protected natural resources and public facilities.

DOUBLE-FRONTAGE LOT

See "lot, double-frontage."

DRAINAGE FACILITY

All structures, channels, and areas that serve to convey, filter, store, and/or receive stormwater, either on a temporary or permanent basis.

DRIVEWAY

A minor private way used by vehicles and pedestrians for common access to a single lot or facility.

DWELLING

DWELLINGA building containing one or more dwelling units.

DWELLING UNITAny room or group of rooms located within a (residential) building and forming a single, habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating, by one family with provision for personal hygiene and sanitation.

DWELLING TYPESAs set forth and defined in § 450-201 of Chapter 450, Zoning.

DWELLING IN COMBINATIONDwelling in combination with an existing or permitted office, business, service or professional service use. It is a land development as defined by Section 107(a),[5] and not as defined by Section 503.(1.1),[6] of the Pennsylvania Municipalities Planning Code and is governed by this chapter, Chapter 450, Zoning, and other Borough ordinances.

DWELLING, MULTIFAMILYA building on one or more lots, containing four or more dwelling units.

EASEMENT

A right-of-way granted, but not dedicated, for limited use of private land for a common, public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structures, trees or plantings, except with the approval of Borough Council and the grantee, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

ENGINEER

A licensed professional civil engineer currently registered by the Commonwealth of Pennsylvania.

EROSION

The removal of surface materials by the action of natural elements, whether naturally occurring or occurring as a result of man-made alterations or actions.

FLOODPLAIN

Areas adjoining any streams, ponds or lakes subject to a 100-year recurrence-interval flood, twenty-four-hour duration storm, as defined and delineated by the provisions of Chapter 295, Natural Resource Protection.

FLOODPLAIN SOILS

Areas subject to periodic flooding, as defined and delineated by the provisions of Chapter 295, Natural Resource Protection.

FLOOR AREA

See Subsection D of the definition of "area."

FLOOR AREA RATIO

The ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.

FOREST

Areas, groves, or stands of mature or largely mature trees (i.e., greater than four inches caliper) consisting of six individuals or more covering an area of at least 1/4 of an acre, and as also defined and delineated by the provisions of Chapter 295, Natural Resource Protection.

FRONT ELEVATION PLAN

See Subsection C of the definition of "plan."

GOVERNING BODY

The Borough Council of the Borough of Langhorne.

IMPERVIOUS SURFACE

Impervious surfaces are those that do not absorb precipitation and surface water. All buildings, parking areas, driveways, roads, sidewalks, whether paved or not, and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the Borough Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.

IMPERVIOUS SURFACE RATIO

The impervious surface ratio is a measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the net buildable site area.

IMPROVEMENTS SPECIFICATIONS

Regulations adopted pursuant to this chapter imposing minimum standards for the construction of Required Improvements.

LAKES AND PONDS

Natural or artificial bodies of water which retain water substantially year-round and as also defined and delineated by the provisions of Chapter 295, Natural Resource Protection. Artificial ponds and lakes may be created by dams, or may result from excavation. The shoreline of such water bodies shall be measured from the maximum condition rather than the permanent pool if there is any difference. For the purposes of this chapter, a lake shall be considered to be any such water body which is 2 1/2 acres or larger; a pond is any such water body of less than 2 1/2 acres, but greater than 1/8 of an acre.

LAND DEVELOPMENT

Any of the following activities:

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;

(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;

(3)

The conversion of a residence into two or more dwelling units; or

(4)

The addition of greater than 1,000 square feet of floor area to any building.

A subdivision of land.

Development in accordance with Section 107(a) of the Pennsylvania Municipalities Planning Code.[7]

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.

LANDSCAPE ARCHITECT

A professional landscape architect currently registered in the Commonwealth of Pennsylvania.

LIGHTING PLAN

See Subsection D of the definition of "plan."

LOT

LOTA designated parcel, tract or area of land established by a plan or plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREASee Subsection A of the definition of "area."

AVERAGE LOT AREA PER DWELLING UNITSee Subsection B of the definition of "area."

LOT DEPTHThe mean distance from the street line or front line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.

LOT WIDTHThe distance measured between side lot lines at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or street line.

LOT LINESAny boundary line of a lot, including a public right-of-way line.

LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line, and except for corner lots where the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of odd shape, only the one lot line furthest from any street shall be considered a rear lot line.

LOT LINE, SIDEAny lot line that is not a street line or a rear lot line.

STREET LINESee "street line."

CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the point of beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°.

DOUBLE-FRONTAGE LOTA lot, other than a corner lot, having frontage on two non-intersecting streets. Front yard setback requirements shall apply to both frontages on the two parallel streets. Only structures permitted in the front yard shall be permitted in the required front yard setback or reverse front yard setback. May also be known as a Through-lot.

REVERSE FRONTAGE LOTA lot, other than a corner lot, having frontage on two parallel or non-intersecting streets, wherein the house faces and takes access from the lower order street.

THROUGH-LOTSee "double-frontage lot."

MARKER

A metal pipe or pin of at least 1/2 inch diameter (preferred 3/4 inch or 7/8 inch) and at least 24 inches in length (preferred 30 inches to 36 inches) or other marker approved by the Borough Engineer and Borough Council.

MEDIATION

A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in exploring and settling their differences, culminating in a written agreement which the parties consider acceptable, as defined in and utilizing the procedures set forth in Section 908.1 of the Pennsylvania Municipalities Planning Code.[8]

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.

MODULAR DWELLING UNIT

A generally standard construction dwelling unit in which some or all of the structural skin or service units (kitchens, baths) are manufactured off-site, transported to the site and tied in and erected on a foundation and prepared on-site. The term includes module, prefab, factory-built, panel-built, etc. units. The completed unit must meet the standards of the Borough Building Code and shall be treated the same as a conventional stick-built dwelling.

MONUMENT

A stone or concrete monument or other monument approved by the Borough Engineer and Borough Council.

MUNICIPAL AUTHORITY

A body politic and corporate created pursuant to the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.

MUNICIPALITY

The Borough of Langhorne.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of Chapter 450, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

OFFICIAL MAP

A map adopted by ordinance pursuant to Article IV of the Municipalities Planning Code, 53 P.S. § 10401 et seq.

OPEN SPACE OR OPEN AREA

Open space or open area is land used for recreation, resource protection, or amenity, is freely accessible to designated residents, and is protected by the provisions of this chapter or Chapter 295, Natural Resource Protection, to ensure that it remains in such uses. Open space or open area does not include land occupied by buildings, buffers, roads, or road rights-of-way; nor does it include the yards or lots of single or multifamily dwelling units or parking areas as required by the provisions of this chapter or Chapter 295, Natural Resource Protection. Open space or open area shall be left in a natural state except in the case of recreation uses that may contain some impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.

OPEN SPACE RATIO

The open space ratio is a measure of the intensity of land use. It is arrived at by dividing the total amount of open space or open area within the site by the base site area.

OWNER

Any person, agent, firm, corporation, or partnership that alone, jointly or severally with others has legal, equitable, or beneficial title to any land, property, premises, dwelling or dwelling unit, with or without accompanying actual possession thereof.

The holder of an option or contract to purchase, a lessee or other person having a proprietary interest in land or premises.

PARKING SPACE

An off-street space available for the parking of one motor vehicle conforming to the parking standards contained in this chapter.

PEDESTRIAN WALKWAY

A continuous way designated for pedestrians and separated from the through lanes for bicycles or motor vehicles by space or barrier.

PERMIT

A document issued to an applicant under the authority of this chapter, Chapter 450, Zoning, or any other ordinance of the Borough of Langhorne.

BUILDING PERMITA required permit allowing construction, alteration, reconstruction, demolition, or removal of a building, a portion of a building, structure, fence, driveway, or other feature.

CERTIFICATE OF APPROPRIATENESSApproval by Borough Council pursuant to the procedures and requirements of Chapter 230, Historical Districts, Landmarks and Buildings.

OCCUPANCY PERMITA required permit allowing occupancy of a building or structure.

SIGN PERMITA required permit issued prior to the erection, construction, reconstruction, alteration, restoration, conversion, or installation of a sign.

SPECIAL PERMITA permit issued under the standards and regulations of Chapter 295, Natural Resource Protection.

STORMWATER PERMITA permit issued under the standards and regulations of Chapter 366, Stormwater Management, Part 1.

ZONING PERMITA permit issued prior to the establishment of a proposed use or the erection, razing, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building.

PLAN

The term plan shall also include the term "plat."

PLAN, APPROVED FINALA complete and exact subdivision plan, land use plan or development plan, including all required supplementary data, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements, land use and/or land development.

PLAN, FINALA complete and exact subdivision plan, land use plan or development plan, including all required supplementary data, prepared for review and approval by the Borough as required by the provisions of this chapter, to define property rights and proposed streets and other improvements, land use and/or land development.

PLAN, FRONT ELEVATIONA plan, drawn to scale, evidencing the front facade of all structures on the lot or tract. It shall show all aspects of the proposed structure, including mechanical systems and equipment, antennas, chimneys, cupolas and widow's walks.

PLAN, LIGHTINGA plan, drawn to scale, evidencing the facades of all structures on the lot or tract, including signs, canopies, light standards, or windows, which are planned to or are capable of being lit. It shall show all aspects of lighting in the proposed tract and shall indicate the type and intensity of said lightings and the iso-footcandle plot of each light.

PLAN, MAJOR STREETThe element of the Borough or County Comprehensive Plan which shows the location, alignment, dimensions, and the identification and classification of existing and proposed streets, highways and other thoroughfares.

PLAN, OFFICIALThe Borough of Langhorne Comprehensive Plan, most recent edition, or other such plans, or portions thereof, as may be adopted, pursuant to statute, for the area of the Borough in which the subdivision is located.

PLAN, PRELIMINARYA tentative subdivision, land use, and/or development plan, including all required supplementary data, prepared for review and approval by Borough Council as required by the provisions of this chapter, prior to preparation of a final plan.

PLAN, RECORDAn exact copy of the approved final plan, in the form and format required by the Bucks County Recorder of Deeds Office, prepared by the applicant for necessary signatures and recording with the Bucks County Recorder of Deeds.

PLAN, SKETCH (CONCEPT PLAN)A conceptual subdivision, land use and/or development plan, drawn approximately to scale, indicating salient existing features of the tract and showing approximate street and lot layout as a basis of consideration, and any supplementary data required by the provisions of this chapter, Chapter 295, Natural Resource Protection, and Chapter 230, Historical Districts, Landmarks and Buildings, for consideration by Borough Council prior to preparation of a preliminary plan.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of Chapter 450, Zoning.

PLANNING AGENCY

The Borough of Langhorne Planning Commission, unless specific reference is made to the Bucks County Planning Commission or other planning agencies.

PLANNING COMMISSION

The Planning Commission of the Borough of Langhorne, Bucks, County, Pennsylvania, unless otherwise stated.

PLAT

The map or plan of a subdivision, land use or land development, whether preliminary or final.

PRESERVATION or PROTECTION

When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

PUBLIC GROUNDS

Includes:

Parks, playgrounds, trails, paths, and other recreational areas open to the public;

Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities;

Publicly or quasi-publicly owned or operated scenic, environmental and historic sites; or

Publicly or quasi-publicly owned or use open space or open area.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter or the Pennsylvania Municipalities Planning Code.[9]

PUBLIC MEETING

A forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

REPORT

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

RESERVE STRIP

A parcel of ground in separate (sometimes public) ownership separating a street from other adjacent properties, or from another street.

RESUBDIVISION

A replatting or new division of land. Replattings shall be considered as constituting a new subdivision of land. See also Subdivision.

REVERSE FRONTAGE LOT

See Subsection L of the definition of "lot."

REVIEW

An examination of a sketch plan, a concept plan, a preliminary plan, or a final plan by the Borough Planning Commission and the Borough Council to determine compliance with this chapter and the administrative regulations, design standards and improvement specifications enacted pursuant thereto and with other applicable Borough ordinances.

RIGHT-OF-WAY

RIGHT-OF-WAYThe total width of any land set aside, dedicated or reserved for use as a street, alley, crosswalk or other means of travel or for other public or semipublic purposes.

EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the Commonwealth or other appropriate governing authority and currently in existence.

FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary as appropriate to provide adequate width for future street improvements, also known as "ultimate right-of-way."

The right-of-way line.

ROADWAY

See "cartway."

RUNOFF

The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil, but runs off the surface of the land.

SEDIMENTATION

The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity, whether occurring naturally or as a result of man-made action or activities. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."

SETBACK

See "building setback line."

SEWER

PUBLIC SEWERAny governmentally owned or privately owned sewer system in which sewage is collected from buildings and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer. This shall include capped sewers when installed to Borough specifications.

PRIVATE SEWERAn on-lot septic tank disposal system. Private sewers are not permitted within the Borough.

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. Sight distance measurement shall be made from a point 4.5 feet above the center line of the road surface to a point 0.5 foot above the center line of road surface.

SIGN

Any letter, number, symbol, figure, character, mark, plane, design, picture, stroke, stripe, trademark, or combination of these which is constructed, attached, placed, painted, erected, fastened, or manufactured in any manner whatsoever; which is used to convey information or attract the public to any place, subject, person, firm, corporation, public performance, article, or merchandise; which is displayed in any manner whatsoever so that it can be seen from the right-of-way of a public street or highway; and which includes signs installed within a building or structure and window signs placed in or on windows which may attract attention of those outside the building in the public right-of-way.

SITE

A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.

SITE AREA

All land area within the site as defined in the deed. Area shall be from an actual site survey rather than from a deed description.

SITE AREA, BASE

A calculated area determined by application of § 450-602 of Chapter 450, Zoning.

SITE AREA, NET BUILDABLE

A calculated area determined by application of § 450-602 of Chapter 450, Zoning.

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to the provisions of Articles VI and IX of the Municipalities Planning Code, 53 P.S. § 10601 et seq., and § 10901 et seq., respectively.

STEEP SLOPES

Areas where the average slope exceeds 8% which, because of this slope, are subject to high rates of stormwater runoff, and therefore erosion, and as also defined and delineated by the provisions of Chapter 295, Natural Resource Protection.

STREET

A public or private strip of land used or intended to be used for passage or travel by motor vehicles. If private, such way must be used or intended to be used as the principal means of access to an abutting lot or lots or to more than two dwelling units on lots on which a private way is exclusively used. The term includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.

Streets are further classified according to the functions they perform:[10]

(1)

EXPRESSWAYA roadway designed to carry high volumes of traffic.

(2)

Arterial.[11]

(3)

COLLECTORA roadway designed and located to provide a means to drain traffic off local streets before the volumes get too high and to provide access for through traffic between neighborhoods and districts. Pine Street is classified as a collector street.

(4)

MINOR COLLECTORA roadway serving a large volume of comparably higher-speed and long distance traffic, including all streets classified as main and secondary highways by the Pennsylvania Department of Transportation. Maple Avenue is classified as a minor collector street.

(5)

PRIMARY STREETA roadway designed to carry a moderate volume of traffic, to intercept secondary streets, and to provide access to abutting properties. Future rights-of-way shall be at least 60 feet in width. Bellevue Avenue (south of Winchester), Maple Avenue, Richardson Avenue and Winchester Avenue are classified as primary streets.

(6)

SECONDARY STREETDesigned to provide access to abutting properties and to primary streets. Future rights-of-way shall be at least 50 feet. All other streets are classified as secondary streets.

(7)

CUL-DE-SAC STREETA minor street, open at one end for vehicular and pedestrian access and terminating in a vehicular turnaround at the other end.

(8)

HALF (PARTIAL) STREETA street, generally parallel and adjacent to a property line, having right-of-way width less than normally required for improvement and use of the street.

(9)

SERVICE STREETSee "alley."

(10)

DRIVEWAYGenerally a private street for the use of vehicles and pedestrians, providing access between a public street and a parking area within a lot or property.

STREET LINE

The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way provided that where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line.

STREET RIGHT-OF-WAY LINE

(1)

Thirty feet from the center line of Winchester Avenue, Maple Avenue, Pine Street and Bellevue Avenue from Winchester Avenue south to the Borough of Langhorne line; and

(2)

Twenty-five feet from the center line of all other streets in the Borough.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVIDER

A person who undertakes the development or subdivision of land, as defined by this chapter or the landowner, including agents, tenants with the permission of landowner, heirs, successors and assigns.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBDIVISION, MAJOR AND MINOR

MAJOR SUBDIVISIONThe division of a lot, tract or parcel of land or part thereof into three or more lots, tracts, or parcels of land for the purpose, whether immediate or future, of leasing or transfer of ownership or of building development.

MINOR SUBDIVISIONA division of a lot, tract or parcel of land into two lots, sites, or other divisions of land which meets the following criteria:

(1)

Does not involve the extension of any municipal facilities, including:

(a)

New streets.

(b)

Paving or other improvements of existing streets.

(c)

Shade trees or buffer yards.

(d)

New or improved public utility lines.

(e)

New or improved public facilities.

(f)

Areas covered by Chapter 295, Natural Resource Protection.

(2)

Does not, in the opinion of the Borough Council, adversely affect the development of the remainder of the parcel by:

(a)

Restricting access of street frontage.

(b)

Creating awkward or difficult to develop parcels by reason of shape, size, location, or physical characteristics of the site.

(c)

Unduly restricting the types of potential uses of the remainder of the tract due to shape, parking requirements or other characteristics of the site.

(3)

Does not, in the opinion of the Borough Council, adversely affect adjoining property by reason of:

(a)

Possible nuisance factors of noise, smoke, glare, odor, intensity and time of operation, privacy invasion, etc.

(b)

Excessive traffic generation.

(c)

Interference with or destruction of natural features.

(d)

An adverse effect upon existing drainage patterns.

(4)

Does not adversely affect the present or future development of the Borough by reason of:

(a)

Conflict with the proposals of the Borough of Langhorne Comprehensive Plan, most recent edition, or the Langhorne Open Space Plan, most recent edition, regarding types of land use, intensity of land use, density of population, circulation requirements, community facilities, open space preservation, recreation needs.

(b)

Conflict with any provision of the Official Map.

(c)

Conflict with any provision of Chapter 450, Zoning.

(d)

Conflict with any provision of Chapter 295, Natural Resource Protection.

(e)

Conflict with any portion of this chapter.

(5)

Does not constitute a subdivision or a resubdivision of any lot, tract, site, parcel or other division of land, or portion thereof which had previously been subdivided 1) subsequent to passage of this chapter; or 2) within the five years prior to the submission of the subdivision application, whichever is less. If such prior subdivision has taken place, both the prior subdivision and the application for additional subdivision shall be considered a single application for the purpose of classification.

In the instance where a subdivision contains not more than three lots, sites, or other divisions of land, but fails to meet no more than two of the criteria for a minor subdivision, the Borough Council may, at their discretion, classify the subdivision as minor.

Any application that does not qualify as a minor subdivision shall be considered as a major subdivision.

SUBSTANTIALLY COMPLETED

Where, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to § 390-902 of this chapter or Section 509 of the Pennsylvania Municipalities Planning Code)[12] of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

SURVEYOR

A licensed surveyor currently registered by the Commonwealth of Pennsylvania.

TRAILER

See "mobile home." A dwelling unit manufactured in one or more sections, designed for long-term occupancy; containing sleeping accommodations, a flush toilet, a tub or shower/bath, and kitchen facilities, with plumbing and electric connections provided for attachment to outside systems and designed to be transported after fabrication on its own wheels, or on flatbed or other trailers; arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this chapter, travel trailers and recreational vehicles are not considered as mobile homes. Mobile homes will be permitted as single-family detached dwellings in the R-2 District and shall conform to all requirements as specified in this chapter for single-family detached dwellings. Mobile homes will not be permitted as single-family detached dwellings as contained in Chapter 450, Zoning, § 450-405B(3), Single-family detached cluster, or § 450-405B(4), Performance standard development, nor in the Historic District.

USE

Any purpose for which a lot, building, or other structure or tract of land may be designated, arranged, intended, maintained, or occupied.

Any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

UTILITIES, PRIVATE

All lines and facilities related to the provision, distribution, collection, transmission, or disposal of:

Private water, stormwater runoff and sanitary sewage systems;

Private power, information, microwave, telecommunications and cable systems; or

Such other similar mass or jointly used systems for private enterprise.

UTILITIES, PUBLIC

All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, electricity, oil, gas, power, information, telecommunications and telephone cable when erected for public use and regulated as a public utility or public enterprise.

VARIANCE

Relief granted pursuant to the provisions of Articles VI and IX of the Municipalities Planning Code, 53 P.S. § 10601 et seq., and § 10901 et seq., respectively.

WATER COURSE

A stream of water, river, brook, creek, and channels or ditches for water, whether natural or man-made.

WATER SUPPLY OR SYSTEM, PUBLIC

A public water system is any municipal water supply system, or any private system dedicated to the public. Such systems shall include any existing private franchise area and the entire system, or a water supply capable of supporting the entire development, or a standpipe or water storage system meeting Borough specifications.

WATER SURVEY

An inventory of the source, quantity, yield and use of groundwater and surface water resources within the Borough.

WETLANDS

Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas and as also defined and delineated by the Borough Engineer and the provisions of Chapter 295, Natural Resource Protection. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where state and federal permits have been obtained.

YARD

YARDAn open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.

YARD, FRONTA yard between a structure and a street line (or the boundary line parallel to the street line) and extending the entire length of the street line to the front of the primary structure. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.

[1]

Editor's Note: See § 450-603 of Ch. 450, Zoning.

[2]

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

[3]

Editor's Note: See 53 P.S. § 10107(a).

[4]

Editor's Note: See 53 P.S. § 10503(1.1)

[5]

Editor's Note: See 53 P.S. § 10107(a).

[6]

Editor's Note: See 53 P.S. § 10503(1.1)