A.
It is not intended that these definitions include
only words used or referred to in this chapter. The words are included
in order to facilitate the interpretation of this chapter for administrative
purposes.
B.
Unless otherwise expressly stated, the following shall,
for the purposes of this chapter, have the meanings herein indicated:
(1)
Words used in the present tense shall include the
future tense.
(2)
The word "person" shall include a profit or nonprofit
corporation, company, partnership, association, or individual.
(3)
The word "building" shall include "part thereof" and
"structure."
(4)
The word "lot" shall include "plot" or "parcel."
(5)
The word "shall" is always mandatory.
(6)
The singular number shall include the plural, and
the plural the singular.
(7)
The masculine gender shall include the feminine and
neuter.
(8)
The word "street" shall include "road," "highway,"
and "lane."
(9)
The word "watercourse" shall include "drain," "ditch,"
and "stream."
For the purposes of this chapter, the following
words, terms, and phrases have the meanings herein indicated:
To 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.
A private road connecting a development, such as a hospital,
school, shopping, industrial, or housing complex, with the street.
Lying near or close to; sometimes, contiguous; neighboring.
"Adjacent" implies that the two objects are not widely separated,
though they may not actually touch.
The 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.
A 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.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every 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.
A 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.[1]
Property 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.
The Council of the Borough of Riverside, Northumberland County,
Pennsylvania.
The 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.
An underground reservoir or tank for storing rainwater.
An 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.
The Planning Commission of Riverside Borough, Northumberland
County, Pennsylvania.
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 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.
The 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.
The 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.
Northumberland County, Pennsylvania.
A pipe, conduit, or similar enclosed structure, including
appurtenant works, which carries surface water.
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.
The 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.
A 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.
Any 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.")
The 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.
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
Any building or portion thereof which is designed for or
used for residential purposes.
A 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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Borough of
Riverside.
The removal of surface materials by the action of natural
elements.
Erosion 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.
Any 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.
Any 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.
Any 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.)
See "lot frontage."
The slope of a road, street, or other public way, specified
in percentage terms.
Replenishment of existing natural underground water supplies.
A surface which prevents the penetration of water into the
ground.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
A structure designed to direct runoff into the ground, e.g.,
French drains, seepage pits, dry wells, and seepage trenches.
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.
Development, excluding the following:
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.
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.
A parcel of land which is, or in the future may be, offered
for sale, conveyance, transfer or improvement.
The 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.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
That 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.
A 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.
A lot with both front and rear street frontage.
A 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.
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.
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.
A 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.
A 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.[2]
Riverside Borough, Northumberland County, Pennsylvania.
A subdivision whose intended use is other than residential,
such as commercial or industrial. Such subdivision shall comply with
the applicable provisions of these regulations.
The maximum rate of flow of water at a given point and time
resulting from a storm event.
A 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.
The map or plan of a subdivision or land development, whether
preliminary or final.
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.
Includes:
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.
A 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."[4]
Notice 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.[5]
Any 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.
Any 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.")
A 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.
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.
Ownership 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.
A 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.
A 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.
The 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."
A tree in a public place, street, special easement, or right-of-way
adjoining a street as provided in these regulations.
The 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.
The 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.
The licensed attorney designated by the Borough to furnish
legal assistance for the administration of these regulations.
Natural 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.
The 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."[6]
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. The strip of land includes the entire right-of-way, not just
the cartway. Streets are further classified according to the functions
they perform.
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.
The 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.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Same as "developer."
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 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.")
Where, 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.
A low-lying stretch of land which gathers or carries surface
water runoff.
Surface soil and subsurface soil which presumably is fertile
soil and ordinarily rich in organic matter or humus debris.
Any 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.
A permanent or intermittent stream, river, brook, creek,
or channel or ditch for collection and conveyance of water, whether
natural or man-made.
A 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.
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within a municipality.
The person designated by the Council to enforce Chapter 285, Zoning, of the Code of the Borough of Riverside.
