A. Unless a contrary intention clearly appears, the following words and phrases shall have for the purposes of this Ordinance the Meanings given in the following clauses:

1. Words used in the present tense include the future.

2. The singular includes the plural.

3. The word "person" includes a corporation, partnership, association, or other legal entity, as well as the individual.

4. The word "lot" includes the words "plot" or "parcel".

5. The term "shall" is mandatory.

6. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be occupied."

7. The word "Commission" and the words "Planning Commission" always mean the Solebury Township Planning Commission.

B. Any word or term not defined herein shall be used with a meaning of standard usage.

Section 3.01a. ACTIVE RECREATION Any activity that requires some physical exertion on the part of the participant, such as athletics.

Section 3.0lb ACTIVE RECREATION AREA. Any land which is set aside for use as active recreational, such as playfield playgrounds, skating rinks, swimming pools and tennis courts.

Section 3.02 AGENT Any person, other than the developer, who, acting for the developer, submits to the -Township subdivision' or land development plans for the purpose of obtaining approval thereof.

Section 3.03 AGRICULTURAL PURPOSE Those land uses which are devoted to the production of agricultural, horticultural viticultural and dairy products, livestock, ranch raised fur bearing animals, poultry and bee raising, forestry, sod crops, and any and all products raised on farms intended for human consumption or other uses. Residence shall not be considered an "agricultural purpose" for reasons of exemption from subdivision procedures of this Ordinance.

Section 3.04 AGRICULTURAL SOILS Soils classified in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, July, 1975, or current edition. The term, unless otherwise specified, refers to land capacity units I, II, and III, those soils which may be considered prime agricultural soils.

Section 3.05 APPLICANT Person or developer requesting the approval of a proposed subdivision or land development plan under this Ordinance.

Section 3.06 ARCHITECT A professional architect registered by the Commonwealth of Pennsylvania.

Section 3.07 BLOCK An area bounded by two (2) or more streets.

Section 3.08 BUFFER A strip of land established to protect adjacent land uses. Buffer yards are intended to visually soften the outline of buildings, to screen glare and noise and to create a visual barrier between adjacent land uses.

Section 3.09 BUILDINGS (ALSO SEE STRUCTURE) Any structure having a roof supported by columns, piers, or walls, including tents, lunch wagons, trailers, dining cars, or other structures on wheels, or having other supports, and any unroofed platform, terrace or porch. This shall not include an underground air raid shelter.

A. DETACHED : A building which has no party wall,

B. SEMI--DETACHED : A building which has only one (1) party wall in common with an adjacent building.

C. ATTACHED : A building which has two (2) or more party walls in common with adjacent buildings.

Section 3.10 BUILDING AREA The aggregate of the maximum horizontal cross section are a, excluding cornices, unroofed porches, paved terraces, steps, eaves and gutters of all buildings on a-lot. It shall not include parking lots, sidewalks, or other non-building areas.

Section 3.11 BUILDING LINE A distance equal to the front yard requirements for the district in which the lot is located and shall be measured from the point where the lot first obtains the minimum lot width.

Section 3.1l.a. BUILDING SETBACK LINE The line within a lot which defines the building envelope.

Section 3.12 CALIPER Caliper is the maximum thickness or diameter of a tree at a specified point. For measuring street and trees for buffering and landscaping purposes, caliper measurements shall be taken at a point on the trunk six (6) inches above natural ground line for trees up to four (4) inches in caliper and at a point twelve (12) inches above the natural ground for trees over four (4) inches in caliper. For measuring existing trees to determine whether they are a forest resource, caliper measurements shall be taken at a point on the trunk four and one half (4 ) feet above natural ground line.

Section 3.13 CARTWAY (ROADWAY) The portion of a street right--of-way, paved or unpaved, intended for vehicular use.

Section 3.14 CENTER LINE OF STREET OR ROAD A line in the center of a street which is equidistant from and parallel to the street lines.

Section 3.15 CLEAR SIGHT TRIANGLE See Section 3.76.a of this Ordinance.

Section 3.16 CONDOMINIUM A condominium is an ownership arrangement and not a land use. A condominium is a unit-which has all of the following characteristics:

A. The units (the interior and associated exterior areas designated for private use in the development plan) are individually owned.

B. The unit is any permitted use in the district.

C. All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Unit Property Act of July 3, 1963, P.L. 196 and in accordance with the provisions for open space, roads, or other development features in the zoning ordinance and subdivision and land development ordinance.

Section 3.17 CROSSWALK A publicly or privately owned right-of-way for pedestrian use, which crosses a cartway or driveway.

Section. 3.18 CUL-DE-SAC A local street intersecting another street at one end and terminating in a vehicular turn-around at the other end.

Section 3.19 DENSITY OF DWELLING UNITS Density is a measure of the number of dwelling units per unit of area. It shall be expressed in dwelling units per acre (43,560 square feet).

Section 3.20 DESIGN FLOW RATE The design flow rate for the public water distribution system shall include the fire flow rate plus the maximum anticipated flow rate for all other purposes.

Section 3.21 DESIGN STANDARDS Regulations adopted pursuant to this Ordinance imposing standards by which a subdivision or land development is developed.

Section 3.22 DEVELOPER Any individual, partnership or corporation (or agent authorized thereby) who undertakes the development or subdivision of land, as defined by these. regulations, as the owner-(or agent authorized thereby) of the land being developed or subdivided.

Section 3.23 DEVELOPMENT See Land Development Section 3.41.

Section 3.24a DWELLING, CONDOMINIUM A property owned and maintained in accordance with the Pennsylvania Uniform Condominium Act 68 of 1980, as amended, and in accordance with the provisions for open space, roads, or other development features in the Zoning Ordinance and Subdivision and Land Development Ordinance.

Section 3.24b DWELLING, MULTI-FAMILY A building designed for and occupied exclusively as a residence for three (3) or more families living independently of one another.

Section 3.24c DWELLING, MULTI-FAMILY-APARTMENT A multi-family dwelling, where individual dwelling units share a common outside access and share a common yard area. Such dwellings contain three (3) or more dwelling units in a single structure separated by party walls.

Section 3.24d DWELLING, MULTI-FAMILY-RETIREMENT RESIDENCE A dwelling or group of dwellings specifically designed for retired or elderly persons.

Section 3.24e DWELLING, SINGLE-FAMILY ATTACHED A dwelling with party walls separating two (2) or more dwelling units and having independent and separate exterior access such as duplex, quadruplex, multiplex, townhouse, patio house, atrium house, and/or other like units.

Section 3-24f DWELLING, SINGLE-FAMILY ATTACHED-DUPLEX OR TWIN HOUSE A single-family, semi-attached dwelling having two (2) individual dwelling units: either from ground to roof separated by one (1) unpierced party wall in common with the other dwelling unit; or, on two horizontal planes, over and under.

Section 3.24g DWELLING, SINGLE-FAMILY ATTACHED-TOWNHOUSE A single-family attached dwelling within a building with more than one (1) other single-family attached dwelling units separated by one (1) or two (2) unpierced party walls from ground to roof.

Section 3.24h DWELLING, SINGLE-FAMILY DETACHED A building designed for and occupied exclusively as a residence for only one (1) family and having no party wall in common with an adjacent dwelling unit. Where a private garage is structurally attached to such building, it shall be considered a part of the dwelling.

Section 3.24i DWELLING, SINGLE-FAMILY DETACHED-MOBILE HOME A transportable, single-family detached dwelling unit intended for permanent occupancy contained in one (1) unit, or in two (2) or more units designed to be joined into one (1) 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 is constructed as permitted in Article 7 so that it may be used without a permanent foundation, but with the same, or equivalent, electrical, plumbing and sanitary facilities as for a conventional single-family detached dwelling. A mobile home shall include any addition or accessory structure such as porches, sheds, decks or additional rooms, which is attached to it. A mobile home does not include recreational vehicles or travel trailers.

Section 3.24j DWELLING, TWO-FAMILY A building designed for and occupied exclusively as a dwelling for two (2) families.

Section 3.24k DWELLING UNIT A building or portion thereof, forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating exclusively by one (1) family.

Section 3.25 EASEMENT A non-possessory interest without profit which the owner of one piece of land has in the land of another.

Section 3.26 ENGINEER professional engineer registered by the Commonwealth of Pennsylvania.

Section 3.27 EROSION The process by which soil and bedrock are worn away by the action of wind, water, climate, or chemical action.

Section 3.28 EXISTING GRADE The vertical elevation of ground surface, above or below sea level, prior to earthmoving or filling.

Section 3.29 FARM BUILDING Any building used for the storage of agricultural equipment or farm produce, or housing livestock or poultry. The term "farm building" shall not include the following: dwellings, kennels, stables or other shelters for animals not used for agricultural purposes.

Section 3.30 FINISHED GRADE The final vertical elevation above or below sea level of the ground surface after development.

Section 3.31 FIRE FLOW RATE The design fire flow rate shall be determined using the Guide for Determination of Required Fire Flow, or this Ordinance, whichever is greater. See Section 5.26 F.

Section 3.32 FLOODPLAIN

A. A relatively flat or low area adjoining a river, stream or watercourse, which is subject to partial or complete inundation;

B. An area subject to the unusual and rapid accumulation or run-off of surface waters from any source.

Section 3.33 FLOODPLAIN DISTRICT The District specifically designated in the Solebury Township Zoning Ordinance as being subjected to inundation by waters of the one hundred (100) year flood as defined by the Flood Insurance Study, or floodplain soils in the absence of a completed flood insurance study.

Section 3.34 FLOODPLAIN SOILS Areas subject to periodic flooding and listed in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania U.S. Department of Agriculture, Soil Conservation Service, July, 1975, or current edition, as being "on the floodplain" or subject to "flooding".

The following soil types are floodplain soils:

Alluvial land

Alton gravelly loam, flooded Bowmansville silt loam Hatboro silt loam

Marsh

Pope loam

Rowland silt loam

Section 3.35 FOREST Those areas of extensive vegetation in which the dominant plants are trees that are indigenous to the area.

Section 3.36 GARAGE

A. MINOR : A building or group of buildings, one story in height, used exclusively for the storage of motor vehicles not for compensation.

B. PRIVATE : An accessory building used for the storage of any number of motor vehicles, which may include commercial vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than (2) private, non-commercial vehicles owned and used by persons other than the owner or tenant of the premises.

C. PUBLIC : A building, not a private or minor garage, used for the storage or repair of motor vehicles for compensation

Section 3.37 HYDROGEOLOGIST A person trained and having experience in the areas of hydrology and geology that deal with groundwater, its occurrence and movements, its replenishment and depletion, the properties of rocks that control groundwater movement and storage, and the methods of investigation and utilization of groundwater.

Section 3.38 IMPERVIOUS SURFACE Impervious surfaces are those surfaces which do not absorb rain. All buildings, including roof overhangs, parking areas. driveways, roads, sidewalks, and such areas as those in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces-

(See Figure A) III - 5

Section 3.39 IMPERVIOUS SURFACE RATIO The impervious surface ratio is measured by dividing the total areas of all impervious surfaces within the site by the base site area. (See Figure A)

Section 3.40 LAKES AND PONDS Natural or artificial bodies of water which retain water, exclusive of detention or retention basins. Artificial ponds may be created by-dams, or result from excavation. The shoreline of such waterbodies shall be measured from the spillway crest elevation rather than permanent pool if there is any difference. Lakes are bodies of water two (2) or more acres in extent. Ponds are any waterbody less than two (2) acres in extent.

Section 3.41 LAND DEVELOPMENT

Land Development shall include any of the following activities:

A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

1. a group of two or more residential or non-residential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

2. the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the 'purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

B. A subdivision of land.

C. The following shall not be considered a land development:

1. the conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium;

2. the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or

3. the addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this exemption, an amusement park is defined as a tract 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 the initial plans for the expanded area have been approved by the Township.

Section 3.42 LAND DEVELOPMENT : Multi-family Residential A type of land development in which the developer may choose to develop one or more housing types subject to the regulations of Article 9 of the Solebury Township Zoning Ordinance in order to encourage better more flexible designs.

Section 3.43 LANDSCAPE ARCHITECT A professional landscape architect registered in the Commonwealth of Pennsylvania.

Section 3.44 LOOP STREET A loop Street is a street which has two points of intersection with the same road. In its simplest form a loop street enters a tract, follows a course through it and returns to the Same road at some distance from the other intersection.

Section 3.45 LOT A designated parcel, tract or area of land established by a plat or as permitted by law and to be used, developed or built upon as a unit.

A. LOT AREA The area of land contained within the property lines of a lot excluding the following: the area of any existing and proposed utility rights-of-way and/or easement; the area within an existing street right-of-way; and the area within the future right-of-way for streets as required by this Ordinance. -If a lot is crossed by a street, only that portion of the lot lying on one side of the street (the side to be chosen at the discretion of the landowner) shall be included in the lot area.

B. CORNER LOT A lot abutting upon two (2) or more streets or upon two (2) or more parts of the same street, forming an interior angle at the corner of less than one hundred thirty-five (135) degrees.

C. REVERSE FRONTAGE LOT (A THROUGH LOT) A lot extending between and having frontage on a major street and a minor street with vehicular access solely from the minor street.

D. THROUGH LOT A lot which fronts upon two (2) parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.

E. LOT WIDTH The distance measured between the side lot lines at the required building line. Mien there is only one (1) side lot line, as in the case of single-family attached dwellings or at a corner lot, the lot shall be measured between such lot line and the opposite lot line.