Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give this chapter the most restrictive application.
[Amended 6-8-2005 by Ord. No. 2005-05; 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:
A flood that, on the average, is likely to occur once every 100 years (i.e., that has 1% chance of occurring each year, although the flood may occur in any year).
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
Any area of the building having its floor below ground level on all sides.
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
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, dirt and soil movement, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Areas identified as within the floodplain of the 100-year reoccurrence interval flood. For areas designed as "approximate 100-year flood boundary" along streams and watercourses where the 100-year floodplain has not been delineated, the requirements of "floodplain soils" shall be met. This method of delineation is strongly supportive of the presence of floodplains, but other competent evidence supporting a finding of floodplains may be considered.
Floodplain soils shall not be used where the 100-year floodplain has not been delineated. Studies prepared by a registered engineer expert in the preparation of hydrological studies may be used to delineate the 100-year floodplain with a floodway and flood fringe in place of areas designated as "floodplain soils" and "approximate 100-year flood boundary." Such hydrological studies shall be subject to the review and approval of the Borough Council on the recommendation of the Borough Engineer.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The floodplain area specifically identified in this chapter as being inundated by the 100-year flood.
Lake and pond shorelines are the land-side edges of lakes and ponds from established shoreline to an upland boundary. For the purposes of this chapter, lake and pond shorelines shall be measured 100 feet from the spillway crest elevation. No more than 20% of such areas shall be altered, regraded, filled or built upon.
Natural or artificial bodies of water one-quarter acre or larger, which retain water year-round. Artificial ponds may be created by dams or result from excavation. Such areas shall not be altered, regraded, filled, piped, diverted or built upon.
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:
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
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.
A subdivision of land.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this chapter.
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use 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.
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.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting exit way requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after May 10, 2000, and includes any subsequent improvements thereto.
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck;
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a protected area.
Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, sheds, manufactured homes, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.
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.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or;
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Any natural or artificial stream, river, creek, ditch, channel, canal, waterway, gully or ravine in which water flows in a definite direction or course, either continuously or intermittently, and as a definite channel. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where design approval is obtained from the Borough and the Pennsylvania Department of Environmental Protection.
The transitional area extending from the outer limit of the wetland. For the purposes of this chapter, the wetland margin shall extend 100 feet from the wetland boundary or to the limit of the hydric soils, whichever is less. No more than 20% of such areas shall be altered, regraded, filled or built upon.
Any areas of undrained, saturated soils supporting wetland vegetation, where the water table is at or near the surface or where shallow water covers the area due to permanent or seasonal inundation of surface or groundwater. Such areas shall not be altered, regraded, filled, piped, diverted or built upon. The following methods of delineation are strongly supportive of the presence of wetlands, but other competent evidence supporting a finding of wetlands may be considered.
Delineation.
Areas with a slope of 1% or less and comprised of hydric soils shall be considered wetlands for the purposes of delineating wetlands boundaries. The following soils, classified in the NRCS Soil Survey for Bucks and Philadelphia Counties, most recent edition, are hydric soils:
In lieu of using the methodology in Subsection A(1) above, wetland boundaries may be delineated through an on-site assessment which shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrological indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Borough. The study must be approved by the Borough Council on the recommendation of the Borough Engineer.
In the event that a wetlands delineation validated by the U.S. Army Corps of Engineers is shown to vary from the wetlands boundary derived from either Subsection A(1) or (2) above, the Corps delineation will govern.
Federal and state regulations.
In addition to the requirements above, any applicant proposing a use, activity or improvement which would entail the regrading or placement of fill in wetlands shall provide the Borough with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the U.S. Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.
The best management practices (BMPs) required in the Pennsylvania Storm Water Management Act, as amended by Act 63 of May 24, 1984,[1] the Stormwater Management Guidelines adopted by the General Assembly, the Lower Neshaminy Creek Watershed Conservation Plan, and the Delaware River South Designated Watershed Stormwater Management Plan, approved on August 11, 2004, and to all subsequent changes to these documents, as amended from time to time.
Any provision or requirement of this Chapter 295, Natural Resource Protection, which equal or exceed the requirements of the Act or the Plans shall continue in full force and effect until such time as such provisions or requirements fail to equal or exceed the minimum requirements of the Act and the Plans, as amended from time to time.
Any provision or requirements of this Chapter 295, Natural Resource Protection, which are less than the minimum requirements of the Act or the Plans are hereby amended to conform to the comparable provisions of the Act and the Plans or stricter requirements of other codes and ordinances.