For the purposes of this chapter, the following words, terms, and phrases have the meanings herein indicated:
ABUTTo touch at the end; be contiguous; join at a border or boundary. The term "abutting" implies a closer proximity than the term "adjacent." No intervening land.
ACCESS DRIVEA private road connecting a development, such as a hospital, school, shopping, industrial, or housing complex, with the street.
ADJACENTLying near or close to; sometimes, contiguous; neighboring. "Adjacent" implies that the two objects are not widely separated, though they may not actually touch.
ADMINISTRATORThe officer as appointed by the Council to administer these regulations and to assist administratively the Planning Commission and other boards and officers of the Borough.
ALLEYA publicly or privately owned right-of-way on which no dwelling or store fronts and which serves as a secondary means of access to abutting property.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether 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 or zoning permit, for the approval of a subdivision plat or plan, or for the approval of a development plan.
AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945," pursuant to the Act of June 19, 2001 (P.L. 287, No. 22), which succeeded the Act of 1945, or pursuant to any subsequent authorizing statute.
BLOCKProperty bounded on one side by a street and on the other three sides by a street, railroad right-of-way, waterway, unsubdivided area, or other definite barrier.
BOROUGH COUNCILThe Council of the Borough of Riverside, Northumberland County, Pennsylvania.
BUILDING SETBACK LINEThe line within a property defining the minimum distance required by Chapter
285, Zoning, of the Code of the Borough of Riverside between any building or structure and an adjacent street right-of-way or side or rear property line.
The portion of a street right-of-way, paved or unpaved, intended for vehicular use.
CISTERNAn underground reservoir or tank for storing rainwater.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.
COMMISSION, PLANNINGThe Planning Commission of Riverside Borough, Northumberland County, Pennsylvania.
COMMON OPEN SPACEA 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 the development, not including streets, off-street parking areas, private yard space, and areas set aside for nonresidential and public facilities. Common open space shall be substantially free of structures but may contain such improvements as are appropriate for recreational use by the residents.
COMPREHENSIVE PLANThe Comprehensive Plan of the Borough of Riverside consisting of maps, charts, and textual matter and containing recommendations of the Planning Commission and Council for the continuing development of the Borough in terms of community development objectives, plans and policies for the use of land, for housing, for community facilities, and for transportation, and a plan for implementation.
CONSTRUCTION PLANThe maps or drawings accompanying a subdivision or development plan and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission and Council as a condition of the approval of the plan.
COUNTYNorthumberland County, Pennsylvania.
CULVERTA pipe, conduit, or similar enclosed structure, including appurtenant works, which carries surface water.
DENSITYA. HIGH DENSITYThose residential zoning districts in which the density is equal to or greater than one dwelling unit per 10,000 square feet.
LOW DENSITYThose residential zoning districts in which the density is equal to or less than one dwelling unit per 40,000 square feet.
MEDIUM DENSITYThose residential zoning districts in which the density is between 10,000 and 40,000 square feet per dwelling unit.
DESIGN STORMThe magnitude of precipitation from a storm event measured in probability of occurrence (e.g., fifty-year storm) and duration (e.g., twenty-four-hour) and used in computing stormwater management control systems.
DETENTION BASINA basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. A detention basin can be designed to drain completely after a storm event or it can be designed to contain a permanent pool of water.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or land development. (See also "subdivider" and "land development.")
DEVELOPMENT PLANThe provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
DRIVEWAYA minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.
DWELLINGAny building or portion thereof which is designed for or used for residential purposes.
EASEMENTA right of access granted, but not dedicated, for a specific use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structure but shall have the right to make any other use of the land which is not inconsistent with the right of the grantee.
ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Borough of Riverside.
EROSIONThe removal of surface materials by the action of natural elements.
EROSION, ACCELERATED WATERErosion of the soil or rock over and above normal erosion brought about by changes in the natural cover or ground conditions, including changes caused by human activity. There are several kinds of accelerated erosion, including sheet, rill, and gully erosion.
EXCAVATIONAny act by which earth, sand, gravel, rock, or any other material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed. It shall include the conditions resulting therefrom.
FILLAny act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface, including the conditions resulting therefrom; the difference in elevation between the point on the original ground and a designated point of higher elevation of the final grade; the material used to make fill.
FINANCIAL SECURITYAny form of security, including a cash deposit, surety bond, collateral, property or instrument of credit and restrictive or escrow accounts from federal- or commonwealth-chartered lending institutions, in an amount and form satisfactory to the Council and to be used wherever required by these regulations. (See Article
IV.)
The slope of a road, street, or other public way, specified in percentage terms.
IMPROVEMENTSThose physical additions and changes to the land that may be necessary to produce usable and desirable lots.
INFILTRATION STRUCTURESA structure designed to direct runoff into the ground, e.g., French drains, seepage pits, dry wells, and seepage trenches.
LAND DEVELOPMENTAny 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
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.
Development, excluding the following:
(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an "amusement park" is defined as a track or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
LANDOWNERThe 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.
LOTA parcel of land which is, or in the future may be, offered for sale, conveyance, transfer or improvement.
LOT AREAThe total horizontal area of the lot lying within the lot lines, as shown on a subdivision plan, provided that no area of land lying within any street line shall be deemed a portion of any lot area. The area of any lot abutting a street shall be measured to the street right-of-way line only. The area of any lot shall include the area of any easement.
LOT, CORNERA lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135°.
LOT, FRONTAGEThat side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
LOT, REVERSE FRONTAGEA lot extending between an arterial and a minor street and with vehicular access solely from the latter, which shall be considered the front of the lot.
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MOBILE HOMEA 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 LOTA 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 PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MUNICIPAL AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945," pursuant to the Act of June 19, 2001 (P.L. 287, No. 22), which succeeded the Act of 1945, or pursuant to any subsequent authorizing statute.
NONRESIDENTIAL SUBDIVISIONA subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.
OFFICIAL MAPA map adopted by ordinance pursuant to Article
IV of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended).
The maximum rate of flow of water at a given point and time resulting from a storm event.
PERMANENT FOUNDATIONA support for a building or structure consisting of either poured concrete, concrete blocks, cinder blocks, brick, or stone to form a horizontal pad or vertical wall on which the building or structure is placed and is intended to remain indefinitely. In the case of mobile homes, permanent placement on such a foundation is intended to first require the removal of the wheels and chassis from the mobile home.
PLAN or PLATThe map or plan of a subdivision or land development, whether preliminary or final.
A. SKETCH PLANA sketch preparatory to the preparation of the preliminary or final plan to enable the subdivider or developer to save time and expense in reaching general agreement with the Planning Commission as to the layout of his subdivision or development and the objectives of this chapter.
PRELIMINARY PLANThe preliminary or engineering drawing or drawings, as described in this chapter, indicating the manner or layout of the subdivision to be submitted to the Borough for approval.
FINAL PLANA complete and exact plan prepared for official recording with the Recorder of Deeds of the county, following approval by the Borough.
PUBLIC GROUNDSIncludes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas;
Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities; and
Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA 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.
PUBLIC MEETINGA forum held pursuant to notice under the Act of October 15, 1998, P.L. 729, No. 93 (65 Pa.C.S.A. § 701 et seq.), known as the "Sunshine Act."
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RENEWABLE ENERGY SOURCEAny method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy, and excluding those sources of energy used in the fissions and fusion processes.
RESUBDIVISIONAny replatting or resubdivision of land involving changes of street layout, or any reserved for public use, or any lot line on an approved or recorded plan. Any other more major changes shall be considered as constituting a new subdivision of land. (See also "subdivision.")
RIGHT-OF-WAYA public thoroughfare for vehicular or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, or alley, and including both the cartway and shoulders.
RUNOFFThe 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.
SAME OWNERSHIPOwnership by the same person, corporation, firm, entity, partnership, or unincorporated association, or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
SANITARY SEWAGE DISPOSAL SYSTEM, COMMUNITYA sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, the total system being publicly or privately owned.
SANITARY SEWAGE DISPOSAL SYSTEM, ON-LOTA system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage, in whole or in part, into the soil or into any waters of the commonwealth or by means of conveyance to another site for final disposal.
SEDIMENTATIONThe process by which mineral or organic matter is accumulated or deposited by moving, wind, water, or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
SHADE TREEA tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these regulations.
SIGHT DISTANCEThe 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.
SLOPEThe rise or fall of the land usually measured in percent slope. The percent slope is equal to the rise or fall in feet for a horizontal distance of 100 feet.
| Description | Percent Slope | Slope Class |
|---|
| Nearly level | 0% to 3% | A |
| Gently sloping | 3% to 8% | B |
| Sloping | 8% to 15% | C |
| Moderately steep | 15% to 25% | D |
| Steep | 25% to 35% | E |
| Very steep | 35% percent or more | F |
A field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.
SOLICITORThe licensed attorney designated by the Borough to furnish legal assistance for the administration of these regulations.
STABILIZATIONNatural or mechanical treatment of a mass of soil or ground area to increase or maintain its stability and insure its resistance to erosion, sliding, or other movement.
STORMWATER MANAGEMENT PLANThe plan for managing stormwater runoff adopted by Northumberland County as required by the Act of October 4, 1978, P.L. 864, No. 167, and known as the "Storm Water Management Act."
STREETIncludes 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. The strip of land includes the entire right-of-way, not just the cartway. Streets are further classified according to the functions they perform.
A. ARTERIALA major street located and designed for the continuous movement of heavy volumes of all types of comparatively short-haul vehicular traffic between communities and for collecting and distributing traffic to and from expressways.
CUL-DE-SACA local street intersecting another street at one end and terminating in a vehicular turnaround at the other.
EXPRESSWAYA centrally divided trafficway located and designed for the continuous movement of the heaviest volume of all types of comparatively long-distance, intercommunity vehicular traffic.
MARGINAL ACCESSA local street, parallel and adjacent to a major street (but separated from it by a reserve strip), which provides access to abutting properties and control of intersections with the major street.
LOCALA street providing local access to residences and other uses along its sides.
PERIMETERAny existing street to which the parcel of land to be subdivided abuts on only one side.
COLLECTORA street located and designed for all types of intracommunity vehicular traffic and functioning to carry traffic from local streets or from other collectors to arterials.
STREET LINEThe dividing line between a lot and the outside boundary or ultimate right-of-way of a public street, road, or highway, legally opened or officially plotted, or between a lot and a privately owned street, road, or way over which the tenants of two or more lots, which each holds in single and separate ownership, have the right of access.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe 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 and 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 residential dwellings, shall be exempted. (See also "land development.")
SUBSTANTIALLY COMPLETEDWhere, in the judgment of the Municipal Engineer, at least 90%, based on the cost of the required improvements for which financial security was posted pursuant to Article
IV, 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.
A plan showing all present and proposed grades and facilities for stormwater drainage.
SWALEA low-lying stretch of land which gathers or carries surface water runoff.
TOPSOILSurface soil and subsurface soil which presumably is fertile soil and ordinarily rich in organic matter or humus debris.
UNDEVELOPED LANDAny lot, tract, or parcel of land which has not been graded or in any other manner prepared for the construction of a building or structure.
WATERCOURSEA permanent or intermittent stream, river, brook, creek, or channel or ditch for collection and conveyance of water, whether natural or man-made.
WATER SUPPLY AND DISTRIBUTION SYSTEM, COMMUNITYA system for supplying and distributing water from a common source to two or more dwellings and other buildings within a subdivision, neighborhood, or whole community, the total system being publicly or privately owned.
WATER SURVEYAn inventory of the source, quantity, yield and use of groundwater and surface water resources within a municipality.
ZONING OFFICERThe person designated by the Council to enforce Chapter
285, Zoning, of the Code of the Borough of Riverside.