ACCELERATED EROSION - the removal of the surface of the land through the combined action of man's activity and the natural processes at a rate greater than would occur because of the natural process alone.
ACCESSORY STRUCTURE - a structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
AGRICULTURAL ACTIVITIES - the work of producing crops and raising livestock including tillage, plowing, disking, harrowing, pasturing, and installation of conservation measures. Construction of new buildings or impervious area is not considered an agricultural activity.
ALTERATION - as applied to land, a change in topography as a result of the moving of soil and rock from one location or position to another; also, the changing of surface conditions by causing the surface to be more or less impervious; land disturbance.
APPLICANT - a landowner or developer who has submitted a drainage plan or filed an application for approval to engage in any regulated activities as defined in § 19-104 of this Chapter.
AS-BUILT DRAWINGS - a set of engineering or site drawings that delineates the specific permitted stormwater management facility as actually constructed.
BMP (BEST MANAGEMENT PRACTICE) - stormwater structures, facilities, and techniques to maintain or improve the water quality of surface runoff. Pennsylvania Handbook of Best Management Practices for Developing Areas, Spring 1998.
BUFFER - see "riparian buffer."
CHANNEL EROSION - the widening, deepening, and headward cutting of small channels and waterways due to erosion caused by moderate to large floods.
CISTERN - an undergTound reservoir or tank for storing rainwater.
COMBINED SEWERS - a sewerage system that carries both sanitary sewage and stormwater runoff.
CONSERVATION DISTRICT - the Delaware and Chester County Conservation Districts as appropriate for the individual municipality within the Chester Creek or Ridley Creek watershed.
CULVERT - a structure with appurtenant works that carries a stream under or through an embankment or fill.
DAM - an artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or another fluid or semifluid, or a refuse bank, fill, or structure for highway, railroad, or other purposes which does or may impound water or another fluid or semi-fluid.
DEED RESTRICTION - see "restrictive covenant."
DESIGN STORM - the magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a 5-year storm) and duration (e.g., 24 hours), used in the design and evaluation of stormwater management systems.
DESIGNEE - the agent of the Delaware County Planning Department and/or agent of the Board of Supervisors involved with the administration, review, or enforcement of any provisions of this Chapter by contract or memorandum of understanding.
DETENTION BASIN - an impoundment structure designed to manage stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.
DETENTION DISTRICT - those subareas in which some type of detention is required to meet the plan requirements and the goals of Act 167.
DEVELOPER - a person, partnership, association, corporation, or other entity, or any responsible person therein or agent thereof, that undertakes any regulated activity of this Chapter.
DEVELOPMENT - see "land development."
DEVELOPMENT SITE - the specific tract of land for which a regulated activity is proposed.
DISCHARGE EASEMENT - the grant of a property right to allow runoff in excess of the previous quantity and/or rate of flow.
DOWNSLOPE PROPERTY LINE - that portion of the property line of the lot, tract, or parcels of land being developed located such that all overland or pipe flow from the site would be directed towards it.
DRAINAGE CONVEYANCE FACILITY - a stormwater management facility designed to transmit stormwater runoff, including streams, channels, swales, pipes, conduits, culverts, storm sewers, etc.
DRAINAGE EASEMENT - a right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
DRAINAGE PERMIT - a permit issued by the Township after the drainage plan has been approved. Said permit is issued prior to or with the final Township approval.
DRAINAGE PLAN - the documentation of the stormwater management system, if any, to be used for a given development site, the contents of which are established in §19-304.
EARTH DISTURBANCE - any activity including, but not limited to, construction, mining, timber harvesting, and grubbing which alters, disturbs, and exposes the existing land surface.
EASEMENT - a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose (e.g., utility lines) and within which the owner of the property shall not erect any permanent structures.
EPHEMERAL STREAMS - streams that carry only surface runoff and are dry except during precipitation events. The groundwater table is generally located below the bottom of ephemeral streams.
EROSION - the movement of soil particles by the action of water, wind, ice, or other natural forces.
EROSION AND SEDIMENT POLLUTION CONTROL PLAN - a plan that is designed to minimize accelerated erosion and sedimentation. Said plan must be submitted to and approved by the Delaware County Conservation Districts of the appropriate municipality before construction can proceed.
EXISTING CONDITIONS - the initial condition of a project site prior to the proposed construction. If the initial condition of the site is undeveloped land, the land use shall be considered as "meadow" on "B" soils unless the natural land cover is proven to generate lower curve numbers or Rational "C" value, such as forested lands.
FLOOD - a general but temporary condition of partial or complete inunda- tion of normally dry land areas from the overflow of streams, rivers, and other waters of this Commonwealth.
FLOODPLAIN - any land area susceptible to inundation by water from any natural source or delineated by applicable Department of Housing and Urban Development, Federal Insurance Administration, Flood Hazard Boundary Map as being a special flood hazard area.
FLOODWAY - the channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the 100-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by the Federal Emergency Management Agency (FEMA). In an area where no FEMA maps or studies have defined the boundary of the 100-year frequency floodway, it is assumed - absent evidence to the contrary - that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
FOREST MANAGEMENT/TIMBER OPERATIONS - planning and activities necessary for the management of forestland. These include timber inventory and preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation, and reforestation.
FREEBOARD - a vertical distance between the elevation of the design high water and the top of a dam, levee, tank, basin, or diversion ridge. The space is required as a safety margin in a pond or basin.
GRADE - a slope, usually of a road, channel, or natural ground, specified in percent and shown on plans as specified herein. To grade, to finish the surface of a roadbed, top of embankment, or bottom of excavation.
GRASSED WATERWAY - a natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from cropland.
GROUNDWATER RECHARGE - replenishment of existing natural underground water supplies.
IMPERVIOUS SURFACE - a surface that has been compacted or covered with material to the extent that it is highly resistant to infiltration by water including, but not limited to, conventional impervious surfaces such as paved streets, roofs, compacted stone, and sidewalks. In addition, the following shall be considered impervious surfaces when used by motor vehicles: graveled areas, paver blocks, bricks, and cobblestone.
IMPOUNDMENT - a retention or detention basin designed to retain stormwater runoff and release it at a controlled rate.
INFILTRATION STRUCTURES - a structure designed to direct runoff into the ground (e.g., French drains, seepage pit, and seepage trench).
INLET - a surface connection to a closed drain. A structure at the diversion end of a conduit. The upstream end of any structure through which water may flow.
INTERMITTENT STREAMS - streams which flow only during wet seasons. The groundwater table generally is at or above the bottom of intermittent streams during wet seasons but drops below the stream bottom during dry seasons. Stream flow in intermittent streams is primarily due to precipitation but does have some groundwater contribution during wet seasons.
LAND DEVELOPMENT - (i) the improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving (a) 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 (b) 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; (ii) any subdivision of land; (iii) development in accordance with §503(1.1) of the Pennsylvania Municipalities Planning Code.
LAND/EARTH DISTURBANCE - any activity involving grading, tilling, digging, or filling of ground or stripping of vegetation or any other activity that causes an alteration to the natural condition of the land.
MAIN STEM (MAIN CHANNEL) - any stream segment or other runoff conveyance facility used as a reach in the Chester Creek or Ridley Creek hydrologic model.
MANNING EQUATION IN (MANNING FORMULA) - a method for calculation of velocity of flow (e.g., feet per second) and flow rate (e.g., cubic feet per second) in open channels based upon channel shape, roughness, depth of flow, and slope. "Open channels" may include closed conduits so long as the flow is not under pressure.
MUNICIPALITY - Thornbury Township, Delaware County, Pennsylvania.
NONPOINT SOURCE POLLUTION - pollution that enters a watery body from diffuse origins in the watershed and does not result from discernible, confined, or discrete conveyances.
NRCS - Natural Resource Conservation Service (previously the Soil Conservation Service (SCS)).
OPEN CHANNEL - a drainage element in which stormwater flows with an open surface. Open channels include, but shall not be limited to, natural and man-made drainageways, swales, streams, ditches, canals, and pipes flowing partly full.
OUTFALL - point where water flows from a conduit, stream, or drain.
OUTLET - points of water disposal from a stream, river, lake, tidewater, or artificial drain.
PARKING LOT STORAGE - involves the use of impervious parking areas as temporary impoundments with controlled release rates during rainstorms.
PEAK DISCHARGE - the maximum rate of stormwater runoff from a specific storm event.
PENN STATE RUNOFF MODEL (CALIBRATED) - a computer-based hydrologic modeling technique.
PERENNIAL STREAMS - streams that flow year round. Perennial streams derive their flow from both groundwater and runoff, and the groundwater table never drops below the streambed.
PIPE - a culvert, closed conduit, or similar structure (including appurte- nances) that conveys stormwater.
PLANNING COMMISSION - the Planning Commission of Thornbury Township.
PMF - PROBABLE MAXIMUM FLOOD - the flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in any area. The PMF is derived from the probable maximum precipitation (PMP) as determined based on data obtained from the National Oceanographic and Atmospheric Administration (NOAA).
RATIONAL FORMULA - a rainfall-runoff relation used to estimate peak flow.
REDEVELOPMENT - reconstruction of an existing improved, developed property, as of the date of adoption of this Chapter.
REGULATED ACTIVITIES - actions or proposed actions that have an impact on stormwater runoff and that are specified in §19-104 of this Chapter.
RELEASE RATE - the percentage of pre-development peak rate of runoff from a site or subarea to which the post-development peak rate of runoff must be reduced to protect downstream areas.
RESTRICTIVE COVENANT - a restriction on the use of land usually set forth in the deed. Restrictive covenants (a.k.a. deed restrictions) usually run with the land and are binding upon subsequent owners of the property.
RETENTION BASIN - an impoundment in which stormwater is stored and not released during the storm event. Stored water may be released from the basin at some time after the end of the storm.
RETURN PERIOD - the average interval, in years, within which a storm event of a given magnitude can be expected to recur. For example, the 25-year return period rainfall would be expected to recur on the average once every 25 years.
RIPARIAN BUFFER - a vegetative strip paralleling the banks of a perennial or intermittent stream or other water body (including wetlands and ponds). The buffer shall contain appropriate native vegetation throughout its width with the exception of a minimum 5-foot wide strip of land maintained in meadow grass or forbs at its outer boundary. See also Appendix C, Riparian Buffer Technical Reference Guide.
RISER - a vertical pipe extending from the bottom of a pond that is used to control the discharge rate from the pond for a specified design storm.
ROOFTOP DETENTION - temporary ponding and gradual release of stormwater falling directly onto flat roof surfaces by incorporating controlled-flow roof drains into building designs.
RUNOFF - any part of precipitation that flows over the land surface.
SEDIMENT BASIN - a barrier, dam, or retention or detention basin located and designed to retain rock, sand, gravel, silt, or other material transported by water.
SEDIMENT POLLUTION - the placement, discharge, or any other introduction of sediment into the waters of the Commonwealth occurring from the failure to design, construct, implement, or maintain control measures and control facilities in accordance with the requirements of this Chapter.
SEDIMENTATION - the process by which matter is accumulated or deposited by the movement of water.
SEEPAGE PIT/SEEPAGE TRENCH - an area of excavated earth filled with loose stone or similar coarse material into which surface water is directed for infiltration into the ground.
SHEET FLOW - runoff that flows over the ground surface as a thin, even layer, not concentrated in a channel.
SOIL-COVER COMPLEX METHOD - a method of runoff computation developed by the NRCS that is based on relating soil type and land use/cover to a runoff parameter called curve number (CN).
SOIL GROUP, HYDROLOGIC - a classification of soils by SCS into four runoff potential groups. The groups range from A soils, which are very permeable and produce little runoff, to D soils, which are not very permeable and produce much more runoff.
SPILLWAY - a depression in the embankment of a pond or basin that is used to pass the peak discharge which is greater than the maximum design storm controlled by the pond.
STORAGE INDICATION METHOD - reservoir routing procedure based on solution of the continuity equation (inflow minus outflow equals the change in storage) with outflow defined as a function of storage volume and depth.
STORM FREQUENCY - the number of times that a given storm "event" occurs or is exceeded on the average in a stated period of years. See "return period."
STORM SEWER - a system of pipes and/or open channels that conveys intercepted runoff and stormwater from other sources but excludes domestic sewage and industrial wastes.
STORMWATER - the total amount of precipitation reaching the ground surface.
STORMWATER MANAGEMENT FACILITY - any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and infiltration structures.
STORMWATER MANAGEMENT PLAN - the plan for managing stormwater runoff in the Chester Creek and Ridley Creek watersheds adopted by Delaware and Chester Counties as required by the Act of October 4, 1978, P.L. 864, (Act 167), and known as the "Act 167 Stormwater Management Plan, Chester Creek Watershed" and the "Act 167 Stormwater Management Plan for Ridley Creek Watershed."
STORMWATER MANAGEMENT SITE PLAN - the plan prepared by the applicant or his representative indicating how stormwater runoff will be managed at the particular site of interest according to this Chapter.
STREAM ENCLOSURE - a bridge, culvert, or other structure in excess of 100 feet in length upstream to downstream which encloses a regulated water of this Commonwealth.
SUBAREA - the smallest drainage unit of a watershed for which stormwater management criteria have been established in the Stormwater Management Plan.
SUBDIVISION - the division or re-division 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, 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 dwellings shall be exempt.
SWALE - a low-lying stretch of land that gathers or carries surface water runoff.
TIMBER OPERATIONS - see "forest management."
TIME OF CONCENTRATION (TC) - the time for surface runoff to travel from the hydraulically most distant point of the watershed to a point of interest within the watershed. This time is the combined total of overland flow time and flow time in pipes or channels, if any.
TR-20 - the computer-based hydrologic modeling technique adapted to the Chester Creek watershed for the Act 167 plan. The model has been "calibrated" to reflect actual recorded flow values by adjusting key model input parameters.
TR-55 - s method for determining runoff volumes and rates developed by NRCS.
WATERCOURSE - a channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERS OF THE COMMONWEALTH - any and all rivers, streams, creeks, rivulets, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
WETLAND - those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
ALLEY - a right-of-way providing secondary vehicular access to the side or rear of a lot or lots.
APPLICANT - any landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns, who has filed an application for subdivision of land or a land development plan.
APPLICATION FOR DEVELOPMENT - every application, whether preliminary 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 plan or for the approval of a development plan.
BLOCK - an area bounded by streets.
BUILDINGS - any manmade object having a roof supported by columns or enclosing walls or other support and used for the shelter, housing or enclosure of persons, animals or property. "Building" shall also include a structure.
BUILDING SETBACK LINE - the line within a property that defines the minimum required distance between any building to be erected and an adjacent right-of-way.
CARTWAY (ROADWAY) - that part of a street right-of-way, paved or unpaved, that is intended for vehicular use.
CLEAR-CUTTING - the felling of all trees on a tract of land or any portion thereof, at one time. [Ord. 1-2008]
CRITICAL AREA - an area especially subject to erosion, sedimentation or flooding, such as areas not covered with vegetation due to grading, cutting or filling, areas containing exposed subsoils or mixtures of soil horizons, and areas of excessively long slopes or steep grades.
CROSSWALK (INTERIOR WALK) - a right-of-way for pedestrians extending from a street into a block or across a block to another street.
CUL-DE-SAC - a street terminated at one end by a paved vehicular turnaround.
DBH (DBH) - the diameter of a tree at breast height, measured 4 1/2 feet from the ground surface at the point of highest elevation in contact with the trunk of such tree. This term shall be the same as the caliper of the tree at the same point. [Ord. 1-2008]
DESIGN STANDARDS - minimum standards for the layout by which a subdivision or development is developed.
DEVELOPER - 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 a land development.
DRAINAGE - the flow of water or liquid waste and the method, natural or artificial, of directing such flow.
DRIP LINE - a generally circular line around a tree, the circumference of which is determined by the outer reaches of the tree's widest branch points. [Ord. 1-2008]
DWELLING UNIT - any structure or part of a structure designed to be occupied as a single housekeeping unit.
EASEMENT - a right-of-way granted, but not dedicated, to use private land for a specified public or quasi-public purpose, within which the owner shall erect no permanent structures but may use the land in any other way that is not inconsistent with the grantee's rights.
ENGINEER - licensed professional engineer registered by the Commonwealth of Pennsylvania.
EROSION - movement of soil by action of wind and/or water.
FOOTCANDLE - a unit of light quantity or density when the foot is the unit of measure. One footcandle equals one lumen per square foot of area. [Ord. 5-2002]
FORESTRY - the management of forest and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Timber or tree harvesting shall be considered the removal of more than four trees of 6 inches or greater DBH per acre from any lot of more than 3 acres for the purpose of allowing the natural regeneration or preservation of a woodland and undertaken in compliance with an approved timber harvesting plan. [Ord. 1-2008]
FULL CUTOFF - an industry recognized IESNA designation used by the lighting industry to describe a lighting fixture from which no light output is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at an angle 10 degrees below that horizontal plane, at all lateral angles around the fixture. Implicit in the definition is a fixture that is aimed straight down and has a flat lens. [Ord. 5-2002]
GLARE - brightness in the field of view that is sufficiently greater than the amount of light to which the eye is adapted, to cause annoyance, discomfort or loss of visual performance and visibility. [Ord. 5-2002]
GLARE, DISABLING - brightness in the field of view that impairs visibility and creates a potential hazard to the health, safety, and welfare of the community. [Ord. 5-2002]
GLARE, NUISANCE - brightness in the field of view that creates an annoyance or aggravation but does not create a potentially hazardous situation. [Ord. 5-2002]
HEDGEROW - a linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak). For purposes of this Chapter, hedgerows are considered woodlands and regulated as such regardless of area or tree size. [Ord. 1-2008]
HERBACEOUS - plants that have no woody parts. Stems and branches remain green and soft and die down to the ground in winter. [Ord. 1-2008]
IMPROVEMENT SPECIFICATIONS - minimum standards for constructing required improvements, such as streets, curbs, sidewalks and sewers, and for preserving trees and tree masses.
LAND DEVELOPMENT -
(1) The improvement of one lot or two or more contiguous tracts or parcels of land for any purpose involving:
(a) A group of two or more residential or nonresidential buildings/structures, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or
(b) 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 fixtures.
(c) A subdivision of land.
(d) Land development, as defined herein, shall exclude:
1) 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.
2) The addition of accessory building as hereafter defined, including farm buildings, on a lot or lots subordinate to an existing principal building.
a) The first accessory building on a residential lot containing no more than 1,000 square feet of floor area.
b) All accessory buildings on a residential lot containing no more than 200 square feet of floor area.
c) Accessory buildings on a nonresidential lot containing no more than 1,000 square feet of floor space and containing no water supply and plumbing fixtures.
3) Additions to existing structures as hereafter defined.
a) Additions to existing principal residential building.
b) Additions to an existing nonresidential building containing no more than 1,000 square feet in floor area; provided, that addition is no more than 100% of the original building, whether proposed initially or cumulatively, and the addition is of the same use and/or serves the attached original building.
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, shall be deemed to be a landowner for the purposes of this Chapter.
LANDSCAPING - the planting of turf or other appropriate ground cover or the planting of deciduous and evergreen trees and shrubbery, other than for agricultural purposes, and including the maintenance and replacement thereof, for control of erosion, retention of precipitation, protection against elements or promotion ofhuman comfort and welfare. [Ord. 1-2008]
LOT AREA - the area shown on a plan as within the property lines of a lot, excluding space within all streets and rights-of-way, but including all other easements. The lot area shall not include any area required to be provided as buffer space or open space.
LUMEN - a unit used to express the light output of a lamp or fixture. The number of lumens striking a square foot of area determines the footcandle level (lumens per square foot). [Ord. 5-2002]
LUMINAIRE - complete lighting unit consisting of a lamp(s) together with the parts required to distribute the light, position, and protect the lamp and to connect the lamp to the power supply. Used synonymously with the term "fixture." [Ord. 5-2002]
MONUMENT - a stone or concrete marker with a flat top, at least 24 inches high (preferably 30 inches to 36 inches), at least 4 feet square or in diameter, containing a copper or brass dowel (plug). To minimize movement caused by frost, it should preferably be tapered so that its dimensions are at least 2 inches greater at the bottom than at the top.
NATURAL SUCCESSION - the process by which landscapes are transformed over time from open, seasonal cover to more permanent vegetation. In this area, the natural change is from open space to woodland. [Ord. 1-2008]
PLAN, COMPREHENSIVE - the Comprehensive Development Policy Plan (Master Plan) and/or Future Land Use Plan and/or Ultimate Right-of-Way Plan and/or Official Map or other such plan or plans, or parts of plans, as may be adopted, pursuant to statute, for areas of the Township in which subdivision may be located. Sometimes referred to as the Official Township Plan.
PLAN, CONSERVATION - a plan that, accompanying and forming part of a developer's preliminary and final plans, contains all the information required under Article 5 hereof. It details what the developer will do to protect stream channels, major trees and other important natural features, and to prevent erosion and control sedimentation.
PLAN, CONSTRUCTION IMPROVEMENT - a plan prepared by a registered engineer or surveyor showing construction details of streets, drains, sewers, bridges, culverts and other improvements as required by this Chapter.
PLAN, FINAL - a complete and exact subdivision or development plan or plat, prepared for official recording as required by statute, that provides all the information required under this Chapter.
PLAN PRE-APPLICATION - an informal sketch plan, not necessarily to exact scale, that shows the salient features of a tract and its surroundings and the general layout of a proposed subdivision or land development.
PLAN, PRELIMINARY - a tentative subdivision or development plan, less detailed than a final plan, that provides all the information required under this Chapter.
PLAN-RECORD - the copy of the final plan that contains the original endorsements of the County Planning Commission, the Township, developer, owner and applicant and is to be recorded with the County Recorder of Deeds.
PLANNING COMMISSION - the Thornbury Township Planning Commission.
PLAT - a map or plan, preliminary or final, of a subdivision or land development.
PUBLIC NOTICE - notice published once each week for two successive weeks in a newspaper ofgeneral circulation in the Township. 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 be no more than 30 days and the second publication shall not be less than 7 days from the date of the hearing. [Ord. 2-2003]
REFORESTATION - the restocking of an area with forest trees including natural regeneration as well as tree planting. [Ord. 1-2008]
RESERVE STRIP - a parcel of ground in separate (perhaps public) ownership that separates a street from other adjacent properties or another street.
RE-SUBDIVISION - a re-platting or re-subdivision that changes lot lines only on an approved final plan or recorded plan as specified in Article 5 hereof. Any other re- platting will be considered a new subdivision.
REVERSE FRONTAGE LOT - a lot extending between and fronting on two generally parallel streets (excluding service streets or alleys), with vehicular access from one street only.
REVIEW - examination of a pre-application plan, preliminary plan and/or final plan by the Township Planning Commission and Board of Supervisors to determine whether it complies with this Chapter and the administrative regulations, design standards and improvement specifications enacted pursuant to it.
RIGHT-OF-WAY - the total width of any land reserved or dedicated as a street, alley or crosswalk or for any other public purpose.
ROADWAY - see "cartway."
SANITARY SEWAGE DISPOSAL, COMMUNITY - a sanitary sewage-disposal system, meeting all requirements of the Pennsylvania Department of Environmental Protection, in which sewage is carried by pipes from individual lots to a privately- owned treatment and disposal plant. It generally serves a single neighborhood.
SANITARY SEWAGE DISPOSAL, ONSITE - any structure or combination of structures designed to treat sanitary sewage within the boundaries of a single lot.
SANITARY SEWAGE DISPOSAL, PUBLIC - a sanitary sewage disposal system, meeting all requirements of the Pennsylvania Department of Environmental Protection, on which sewage is carried by pipes from individual lots to a publicly-owned central treatment and disposal plant.
SEDIMENT - the residue resulting from erosion.
SELECTIVE CUTTING - the felling of certain, but not all, trees in an area for the purposes of: (1) removing dead, diseased, damaged, mature or marketable timber; (2) improving the quality of a tree stand or species: or (3) meeting personal domestic needs. [Ord. 1-2008]
SIGHT DISTANCE - the length of roadway that must be visible to the driver of a passenger vehicle at any point on the roadway when the view is not obstructed by traffic as defined by the Pennsylvania Department of Transportation guidelines.
SPECIMEN VEGETATION - a tree or plant that has been bred for unusual or rare characteristics, such as form, leaf color or texture, bloom, bark, being a dwarf variety of a larger tree species or possessing characteristics different than customary plants of the species. A tree or plant that is at or near its maximum size may be considered specimen vegetation. [Ord. 1-2008]
STREET, ARTERIAL OR THROUGH HIGHWAY - a street that serves a large volume of relatively highspeed and long-distance traffic, on which through-traffic gets preference over cross traffic; any facility classified as a main or secondary highway by the Pennsylvania Department of Transportation.
STREET, COLLECTOR - a street that, besides providing access to abutting properties, intercepts minor streets to provide access for at least 50 dwelling units to community facilities and/or other major streets, or a major street or highway system. Streets in industrial and commercial subdivisions will generally be considered collector streets.
STREET, CUL-DE-SAC - one that terminates at one end in a paved vehicular turn- around.
STREET, HALF (PARTIAL) - one with a narrower right-of-way than is normally required, generally parallel with and adjacent to a property line.
STREET, LOCAL - one intended chiefly to provide access to a collector street or streets.
STREET, MARGINAL ACCESS - one parallel with and adjacent to a major street but separated from it by a reserve strip, that provides access to abutting properties and control of intersections with the major street.
STREET, MINOR - any street except an arterial or collector street.
STREET, RESIDENTIAL - one intended chiefly to provide access to abutting properties.
STREET, SERVICE (ALLEY) - a minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STRUCTURE - any manmade object with an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDER - any person, partnership, corporation or authorized agent that undertakes to subdivide or develop land, as defined by these regulations, as the owner, lessee, equitable owner (or authorized agent of the equitable owner) of the land or water, whether or not affixed to the land.
SUBDIVISION - the division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access, shall be exempted.
SUBDIVISION, MAJOR - any subdivision other than a minor subdivision and any land development that does not involve subdivision.
SUBDIVISION, MINOR - a subdivision in which:
(1) No street is to be constructed or widened.
(2) No other public improvement that requires a bond or escrow as specified in §22-406 hereof is to be constructed.
(3) No earth-moving activities will take place except that normal to construction of a single-family dwelling on each lot.
SURVEYOR - a licensed surveyor registered by the Commonwealth of Pennsylvania.
TOTE - the Township of Thornbury, Delaware County, Pennsylvania.
TREE PROTECTION ZONE - an area that is radial to the trunk of a tree within which no land disturbance shall occur. The tree protection zone shall be a minimum distance of 15 feet from the tree trunk or the distance from the tree trunk to the drip line, whichever is greater. Where a group of trees or woodland is to be protected, the tree protection zone shall be the aggregate of the tree protection zones of the individual trees. [Ord. 1-2008]
VEGETATION, PERMANENT - perennial grasses, legumes, or other long-lived plant materials, such as Crown Vetch, Fescues, and Bluegrasses, etc., depending upon the degree of refinement desired. [Ord. 1-2008]
VEGETATION, TEMPORARY - fast growing grasses, usually annuals, such as rye, oats, sudan, or other appropriate cover to prevent erosion until permanent vegetation can be installed. [Ord. 1-2008]
WATER DISTRIBUTION SYSTEM, COMMUNITY - a privately owned system, meeting all requirements of the Pennsylvania Department of Environmental Protection, to supply water from a common source to two or more dwelling units and/or other buildings. It generally serves a single neighborhood.
WATER DISTRIBUTION SYSTEM, ON-SITE - a system to supply water to a single dwelling unit or other building from a source on the same lot.
WATER DISTRIBUTION SYSTEM, PUBLIC - a publicly owned system, meeting all requirements of the Pennsylvania Department of Environmental Protection, to supply water from a common source to dwelling units and/or other buildings, typically in more than one neighborhood.
WOODLAND - a tree mass or plant community of 1/4 acre or more in which tree species are dominant or co-dominant, the branches of the trees form a complete, or nearly complete, aerial canopy and where the largest trees measure at least 6 inches in diameter DBH. A woodland shall also include ten individual trees of greater than 6 inches DBH under a common canopy. For the purpose of this Chapter, the extent of any woodland plant community or any part thereof shall be measured from the outermost drip line of all the trees in the community. Woodland shall include any area where woodland disturbance has occurred within the previous 3 years that would have met the definition of woodland prior to timbering, tree harvesting or disturbance. Woodlands do not include orchards or old fields. [Ord. 1-2008]
WOODLAND DISTURBANCE -
(1) Any activity that alters the existing structure of a woodland or hedgerow. Alteration includes the cutting or removal of canopy trees, sub-canopy trees, under-story shrubs and vines, woody and herbaceous woodland floor species.
(2) Any activity that constitutes a land disturbance (exposes soils, alters topography) within a woodland or hedgerow.
(3) Woodland disturbance does not include the selective cutting or removal of invasive alien trees, shrubs, vines or herbaceous species including, but not limited to, Rosa multiflora (Multiflora Rose), Eleagnus umbellate (Autumn Olive), Lonicera japonica (Japanese Honeysuckle), Celastrus orbiculatus (Oriental Bittersweet), Acer platanoides (Norway Maple) and Polygonum perfoliatum (Milea-Minute Weed).
WOODLAND MANAGEMENT PLAN - a description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land. Such plan shall be prepared by a person(s) with demonstrable expertise in forest management and shall document measures to be taken: (1) to protect water quality, (2) to minimize impacts from skid trails and logging roads, landing areas and the tree removal process; and (3) to assure site restoration. [Ord. 1-2008]
ZONING ORDINANCE - the Thornbury Township Zoning Ordinance of 1976, as amended, from time to time [Chapter 27].
HEALTH AUTHORITY - the legally designated health authority of Thornbury Township, Delaware County, Pennsylvania.
LICENSE - written approval, in whatever form, as issued by the Pennsylvania Department of Environmental Protection, authorizing a person to operate and maintain a mobile home park.
MOBILE HOME - a transportable, single-family dwelling unit intended for permanent occupancy, office or place of assembly contained in one unit, or in two 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 is capable of being used without a permanent foundation.
MOBILE HOME PARK - a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
PERSON - any individual, firm, trust, partnership, public or private association or corporation, or other entity.
SERVICE OR RECREATIONAL BUILDING - a structure housing operational, office, recreational, park maintenance and other facilities built to conform to required local standards.
SEWER CONNECTION - the sewer connection consists of all pipes, fittings and appurtenances from the drain outlet of the mobile home to the inlet of the corresponding sewer riser pipe.
SEWER RISER PIPE - the sewer riser pipe is that portion of the sewer lateral that extends vertically to the ground elevation and terminates at each mobile home space.
WATER CONNECTION - the water connection consists of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home.
WATER RISER PIPE - the water riser pipe is that portion of the water service pipe that extends vertically to the ground elevation and terminates at a designated point at each mobile home lot.
WATER SERVICE PIPE - the water service pipe consists of all pipes, fittings, valves and appurtenances from the water main of the park distributing system to the water outlet of the distribution system within the mobile home.
ACCESSORY BUILDING - a building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building. When attached to a main building, it shall be considered part of the main building.
ACCESSORY USE - a use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.
BED AND BREAKFAST INN - an owner occupied property used and occupied as a one family residence having as an accessory use therein of not more than 14 lodging rooms and facilities for serving meals prepared within the building to pre-registered overnight transient guests, which may include breakfast, lunch and dinner limited to 35 pre-registered overnight transient guests, except where allowed pursuant to a Special Event. [Ord. 3-2004]
BUFFER AREAS - the natural terrain or landscaped area which is required to ensure a screened separation of land uses which may be supplemented by planting strips as defined herein. [Ord. 3-1997]
BUFFER AND PLANTING STRIP - a strip of required yard space adjacent to the boundary of a property or district, not less in width than is designated in this Chapter, which is landscaped for the full width and on which is placed a screen of sufficient density not to be seen through, and of sufficient height to constitute an effective screen and give immediate visual screening to an abutting property or district. The required screen shall be permanently maintained and shall constitute a planting of dense evergreens or a compact evergreen hedge, or, where otherwise specifically designated in this Chapter, an appropriate wall, fence, suitable planting or combination thereof. All planting shall comply with the provisions of the Thornbury Township Subdivision and Land Development Chapter [Chapter 22]
BUILDING - any structure affording shelter to persons, animals or property.
BUILDING AREA - the aggregate of the maximum horizontal cross section areas, excluding steps, cornices, eaves, and gutters, of all buildings on a lot.
BUILDING HEIGHT - the vertical distance from the average grade (the average of the grades taken at 20-foot intervals around the building perimeter at a distance of 10 feet therefrom) to the top of the highest roof beams of a flat roof; or to the mean level of a sloped roof, provided that chimneys and spires shall not be included in measuring the height. Elevator, stair and equipment penthouses, tanks and air conditioning towers shall not be included. The height shall be measured from finished grade but such measurement shall not be made from a point higher than 8 feet above the original grade.
BUILDING LINE - is a line parallel to the street right-of-way line at a distance therefrom equal to the depth of the front yard or setback required for the district in which the lot is located, except in the case of an interior lot not fronting on a street or highway for its full width, in which case the building line shall be a line parallel to the right-of-way at a distance from the property line nearest to the highway or street equal to the depth of the front yard required for the district in which the lot is located. If the property or lot abuts more than one street or highway, the front of the lot shall, in the case of an existing building, be deemed to be that part or portion of the lot to which the main entrance of the building faces and, in the case of a building proposed to be constructed, the part or portion of that lot to which the main entrance of a building is proposed to face.
CERTIFICATE OF USE AND/OR OCCUPANCY - is a statement signed by a duly authorized Township official setting forth that a building, structure, lot, use or accessory use legally complies with this Chapter and that the same is in a satisfactory condition to be used for the purpose stated therein.
COMMERCIAL VEHICLE - any motor vehicle intended for and used to transport passengers or property primarily for profit, business or commercial use excluding recreational vehicles and customary vehicles used for commuting to and from a recognized work place. Any vehicle containing or loaded with material, merchandise, ladders, tool racks or other commercial equipment or displaying commercial signage and any vehicle other than a recreational vehicle which exceeds a registered gross weight of 11,000 pounds, whether or not engaged in a commercial enterprise, trade, profession or industry, and which may or may not bear the aforesaid commercial aspects shall be considered a "commercial vehicle" in this Chapter. [Ord. 7-1997]
DWELLING -
(1) Single-family - a building, on a lot, designed and occupied exclusively as a residence for one family.
(2) Two-family - a building, on a lot, designed and occupied exclusively as a residence for two families, living independently of one another.
(3) Multiple-family dwelling or apartment house - a building, on a lot, designed and used exclusively as a residence for three or more families living independently of one another.
DWELLING UNIT - a room or a series of connected rooms wholly used for residential purposes and containing living, cooking, sleeping, and sanitary facilities for one housekeeping unit. Each dwelling unit shall be self-contained and shall not require passing through another dwelling to get to any portion of the dwelling, nor shall it share facilities with another housekeeping unit:
(1) Detached - one family; yard space on all sides.
(2) Semi-detached - two families; common wall; independent exits.
(3) Multiple - three or more units in one building.
(4) Townhouses - three or more attached single-family units with sound proof/fire wall separation with independent access front and rear.
(5) Garden apartments - a building or group of buildings designed as a single architectural unit that is no greater than 35 feet in height, containing no less than six dwelling units, nor more than 12 units separated by full- height soundproof/fire walls. No portion of such building or buildings below the first floor or above the second floor shall be included as habitable floor area, nor shall there be common hallways. Each unit shall have independent outside access and may share common yard areas. [Ord. 3-1997]
FAMILY - one or more persons occupying the same dwelling unit, and living and cooking as a single housekeeping unit, said unit consisting only of individuals who are related by blood, marriage or otherwise by law, domestics and one other not related to the person or persons of which the housekeeping unit consists except that such unit may also contain not more than four foster children in the care of those individuals of whom the housekeeping unit consists.
GARAGE -
(1) Private - a building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot.
(2) Public - a building, not a private garage, used for the repair, servicing and storage of motor vehicles; but not to include marshaling yard, trucking facility, facility for the storage and repair of earthmoving or construction equipment, motor vehicle wrecking facility and/or grave yard.
LOT - a parcel of land on which a principal building, or where authorized by this Chapter, a unified group of buildings, are or may he placed together with the required open space. Under this Chapter, the use of a lot for more than one principal building or for a unified group of buildings shall be considered a subdivision and the plan for any such use shall be subject to approval in accordance with the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22]. For the purposes of this definition, "unified group of buildings" shall include a single commercial building designed to house more than one commercial use or entity, and shall also include a multiple dwelling group.
NO-IMPACT HOME-BASED BUSINESS - a business or commercial activity adminis- tered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery of removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
(1) The business activities shall be compatible with the residential use of the property and surrounding residential uses.
(2) The business shall employ no employees, other than family members residing in the dwelling.
(3) There shall be no display or sale of retail goods and no stock piling or inventory of a substantial nature.
(4) There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.
(5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors of electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) The business activity may not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood.
(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) The business may not involve any illegal activity.
(9) A no-impact home-based business shall not operate to supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, by-law or other document applicable to a common interest ownership community.
PARKING SPACE - an outdoor or garage space used for parking motor vehicles, which shall measure a minimum of 9 feet, 6 inches, by 20 feet and to which there is reasonable access from a street, alley or driveway.
PERMIT, ZONING - a statement issued and signed by the Zoning Officer authorizing either the proposed use of a lot or the construction of a building, and indicating on its face that the proposed use complies with this Chapter or with a decision and order of the Zoning Hearing Board or a court of competent jurisdiction rendered in connection with an application relative to use of the premises involved. No permit shall be issued for any use or construction unless the applicant shall submit written proof that the designated authorities have granted approval of sanitary sewage and water facilities.
RECREATION PLAN - a plan indicating site improvements to satisfy the active and passive recreational needs. [Ord. 3-1997]
SIGN - any structure or part thereof on which lettered or pictorial matter is displayed for advertising or notice purposes.
STABLE, PRIVATE - a structure for housing horses for personal use of the occupants of the dwelling.
STREET LINE - the edge or side limit line of the legal right-of-way of a road or street.
STRUCTURE - an assembly of material forming a construction for occupancy or use including, but not limited to, aerials and antenna, bridges, buildings, bins, dams, display signs, fences, sheds, piers, pipelines, platforms, ball courts, reviewing stands, shelters, stadiums, stagings, swimming pools, tents, towers, trestles, water tanks, and wharves. The following shall not be defined as structures as pertaining only to property line setbacks:
(1) Patios, decks and other ground surfaces covering a gross area no greater than 200 square feet, having no segment greater in height than an average of 12 inches above the existing grade elevation, being a minimum of 10 feet from any other property line and being located in an area other than the required front yard.
(2) Playground equipment covering a gross area no greater than 150 square feet, being no greater in height than 10 feet, containing no building in excess of 10 square feet in area, being a minimum of 10 feet from any other property line and being located in an area other than the required front yard.
(3) Storage units covering a gross area no greater than 10 square feet, being no greater in height than 6 1/2 feet and being located in an area other than the required front yard.
(4) A maximum of two driveway or entrance piers, columns, etc., covering a gross area no greater than 5 square feet each and being no greater than 5 feet in height.
(5) Fences no greater than 6 feet in height above the existing grade elevation.
(6) Retaining wall no greater than 4 feet in height above the existing grade elevation. [Ord. 2-1997]
YARD - the required open area around the inner periphery of each lot in which no building or structure shall be erected.
(1) Front - the minimum open space extending the full width of the lot from the street line on which the lot abuts any structure on the lot, exclusive of steps, overhanging eaves, gutters or cornices (see "building height" above).
(2) Side - the minimum open space extending the full depth of the lot required between the side line of the lot and any structure on the lot, exclusive of steps, overhanging eaves, gutters or cornices (see §27-402.C, §27-403.7, §27-502.C and §27-503.7).
(3) Rear - the minimum open space extending the full width of the required between the rear line of the lot and any structure on the lot, exclusive of steps, overhanging eaves, gutters or cornices (see §27-402.C, §27-403.7, §27502.C and §27-503.7).
UNIFIED GROUP OF BUILDINGS - two or more structures placed on a lot in accordance with district requirements which house more than a single permitted use allowed in that district (see "garage" above).
ENVIRONMENTALLY SENSITIVE AREA - a parcel or plot of land or section thereof, wherein a portion includes wetlands, floodplains, steep slopes, woodlands, animal or vegetable habitations, historic, scenic or other recognized environmental features which warrant special consideration or preservation. [Ord. 8-1996]
ALLUVIAL SOILS - an azonal great group of soils, developed from transported and relatively recently deposited material (alluvium) characterized by a weak modification (or none) of the original material by soil-forming processes.
APPROXIMATED FLOODPLAIN - the areas identified as Zone A in the Flood Insurance Study (FIS) for which no 100-year flood elevations have been provided.
BASEMENT - any area of the building having its floor subgrade (below ground level) on all sides.
COMPLETELY DRY SPACE - a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
DEVELOPMENT - any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
ESSENTIALLY DRY SPACE - 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.
FLOOD - a temporary inundation of normally dry land areas.
FLOODWAY - the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the waters of a 100-year flood without cumulatively increasing the water surface elevation more than 1 foot at any point.
FLOODWAY FRINGE - the area of the floodplain not lying within a floodway which may hereafter be covered by flood waters up to the 100-year flood.
FLOODPROOFING - 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.
HISTORIC STRUCTURE - any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
(2) 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.
(3) 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.
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior.
(b) Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA - the floodplain area specifically identified in this Article as being inundated by the 100-year flood.
LOWEST FLOOR - the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Article.
MANUFACTURED HOME - 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. [Note: may be referred to as "mobile home" elsewhere in this Chapter.]
MANUFACTURED HOME PARK - a parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for non-transient use. [Note: may be referred to as "mobile home park" elsewhere in this Chapter.]
MINOR REPAIR - 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 the exitway 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.
NEW CONSTRUCTION - for floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the original effective date of Thornbury Township's floodplain management regulations, the Article, and includes any subsequent improvements to such structures.
100-YEAR FLOOD (BASE FLOOD) - the highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year).
RECREATIONAL VEHICLE - a vehicle which is:
(1) Built on a single chassis.
(2) Four hundred square feet or less when measured at the largest horizontal projection.
(3) Designed to be self-propelled or permanently towable by a light duty truck.
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOOD ELEVATION - the 100 year flood elevation plus a freeboard safety factor of 1 1/2 feet.
START OF CONSTRUCTION - includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE - a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of the definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (a) any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (b) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
APPLICANT - a landowner or developer, including his heirs, successors and assigns, as hereinafter defined, who has filed an application for development.
AVERAGE GROSS RESIDENTIAL DENSITY - the number of dwelling units per acre in a planned residential community, computed by dividing the number of dwelling units that the applicant proposes to construct by the number of acres in the development which are not to be devoted to commercial use, existing and proposed streets, right-of-way areas and service areas. If the developer is required to dedicate land for school sites or other public facilities, such land shall be included in the total land area used in computing maximum permissible average gross density. If he is required to set aside land for such purposes, it shall not be included in the computation of average gross density. If such land is not acquired by the appropriate body by the date of the sale or rental of 51% of the dwelling units in the planned residential development, then, at the option of the Township, the land may be used for residential purposes, subject to the provisions of this Article.
BUFFER AREAS - a natural terrain or landscaped area which is required to ensure a screened separation of land uses, and which may be supplemented by planting strips, defined herein. Shall equal natural buffer area plus planting strip area.
COMPREHENSIVE PLAN - the Comprehensive Plan for Thornbury Township dated November 16, 1972, as amended, revised, or supplemented.
CONSERVATION PLAN - a plan accompanying and forming a part of the prelimi- nary and final plan detailing the developer's measures to be taken for protection of stream channels, steep slopes, floodplains, wetlands, major trees and tree stands, other important natural features, erosion and sedimentation control, and all other information required under §27-2605.7 of this Article.
CONVENIENCE COMMERCIAL - a commercial operation such as a small food market or delicatessen, drug store or newsstand, designed and intended solely to serve the residents of the planned residential development.
DEVELOPER - any landowner, agent of such landowner or tenant having permission from a landowner, who makes or causes to be made an application for approval of a development plan.
DEVELOPMENT PLAN - a proposal for the development of a planned residential development, prepared in accordance with this Article, including a plat of subdivision, location of various uses, all covenants relating to use, location and bulk of building and other structures, intensity of use or density of development, streets, rights-of-ways and parking facilities, open space and public facilities. The phrase "provisions of the development plan" when used in this Article shall mean both the verbal and graphic materials referred to in this planned residential development ordinance. [Ord. 5-1998]
DWELLING UNIT - a room or series of connected rooms wholly used for residential purposes and containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require passing through another dwelling or other indirect route(s) to get to any portion of the dwelling, nor shall there be sharing of facilities with other housekeeping units.
DWELLING UNIT, SINGLE-FAMILY DETACHED - a residential dwelling unit designed to accommodate a single household and having yard space on all sides, but not including mobile homes.
DWELLING UNIT, SINGLE-FAMILY SEMI-DETACHED (TWO-FAMILY, TWIN) - a single-family dwelling unit sharing one common wall with an adjoining single-family dwelling, with each such dwelling having independent outside access, an individual front yard, an individual rear yard, and an individual side yard.
DWELLING UNIT, MULTI-DWELLING STRUCTURE - a building containing three or more dwelling units, including townhouse (single-family attached) and garden apartment (multi-family attached).
DWELLING UNIT, TOWNHOUSE (SINGLE-FAMILY ATTACHED) - a single-family attached dwelling unit, separated by a sound-proof and firewall along a lot line/party wall, extending from the ground to the roof line, having independent outside access from the front and rear of the unit, situated in a building of not less than three units nor more than six units.
DWELLING UNIT, GARDEN APARTMENTS - a building or group of buildings designed as a single architectural and maintenance project that is not greater than 25 feet in height and contains no less than six dwelling units nor more than 12 dwelling units separated by sound-proof party walls. No portion of any such building or buildings below the first floor or above the second floor shall be included as habitable floor area, nor shall there be common hallways. Each unit shall have independent outside access and may share common yard areas.
FINAL PLAN - a complete and exact subdivision or development plan or plat, prepared for official recording as required by statute, that provides all information required under §27-2607.
LANDOWNER - the legal or beneficial owner or owners of land, the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years or any other person having proprietary interest in the land.
NURSING FACILITY - a facility, which may be age restricted, providing or offering nursing services and other medical services and/or assistance or supervision, skilled or otherwise, as well as other services such as meals, laundry, housekeeping, social and recreational services to the residents of the facility. Facilities providing for assisted living shall be included herein. Facilities for surgical or obstetrical services shall not be considered included under this definition, nor shall hospitals. [Ord. 5-1998]
OPEN SPACE - a common area or areas of land or water or a combination of land and water intended to be left open and free of any buildings or structures, including utilities such as water, sewer and stormwater facilities, not related to open space recreational use, designed either for active or passive use by the residents of the development and/or the Township and which presents no problems of health, safety and general welfare, and which shall consist of landscaped or natural terrain, including lakes, streams, fields, woods, forests, passive recreation and active recreation areas (including, but not limited to, swimming pools, ball fields, trails and pathways), areas of historical significance and tract buffers. Open space shall be substantially free of structures, but may contain such improvements that are in development plans as finally approved, existing sites which are historic in nature or appropriate for recreational use by the residents. Open space shall not include service areas, the convenience commercial area, sewage treatment plants, private yards, street rights-of-way, utility easement areas, setback areas, private yard area or off-street parking areas required for any uses permitted hereunder. Open space shall be deed restricted against any use other than as herein defined. [Ord. 5-1998]
PLANNED RESIDENTIAL DEVELOPMENT (PRD) - a contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units. Although it shall follow the letter and intent of the comprehensive plan, the development plan of such land does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established by any one residential district created from time to time under the provisions of this Chapter 27. Reference §27-2603.1.
PLANTING STRIP - a landscaped area of the suggested width and length of plant material that is of sufficient density and height so as to constitute an effective visual screen. Such strips can supplement natural buffers and shall be planted with a variety of plant materials so as to be aesthetically pleasing.
PLAT - the map or plan of subdivision and land development, whether sketch, preliminary, or final.
PRELIMINARY PLAN - a tentative subdivision or development plan, less detailed than a final plan, that provides all the information required under §27-2605.
RECREATION PLAN - a plan indicating site improvements to satisfy the active and passive recreational needs of the planned residential development residents.
RESIDENTIAL AREAS - includes private lot area and parking area.
RETIREMENT COMMUNITY - a group of private residential dwelling units specifically restricted to retired or elderly persons, over the age of 55, or in the case of spouses, where at least one spouse is over the age of 55, living independently, without skilled or other nursing care or supervision. Said dwellings may be of any combination of single or multiple family dwelling type as defined in §27-201 of this Chapter. [Ord. 5-1998]
SANITARY SEWER SYSTEM - either a centralized system which is a development- wide system designed to collect, centrally treat and dispose of sewage from the development, or a public system serving a portion of a municipality or municipalities administered by a governmental agency, authority or commission.
SECTION - a geographical area or tract which is part of the proposed planned residential development which will be developed according to a -timetable for development over a period of years included by the applicant in the development plan.
SERVICE AREA - any sewage or water facility either mechanical or structural.
SETBACK AREA - the area to be designated on any plan as separating buildings or groups of buildings and/or the area separating parking areas and loading zones from buildings or groups of buildings. Setback areas also include the area separating a building or a group of buildings or their parking areas from either a collector or secondary road when the separating distance is less than 100 feet from the cartway.
SKETCH PLAN - a plan which includes, but is not limited to, a series of schematic maps or generalized plans of a proposed development for the purpose of allowing informal and non-binding guidance to the developer/applicant from the official review agencies of the Township.
STAGE - an unified portion of a timetable for development of a planned residential development over a period of years.
TOTAL TRACT - an area of land comprised of one or more continuous lots having sufficient dimensions, street frontage and areas to meet the requirements of this Article for the use or uses intended.
TOWNSHIP - Thornbury Township, Delaware County, Pennsylvania.
WATER SUPPLY SYSTEM - either a centralized system which is a development-wide system designed to supply and/or transmit water from common source to residents or a public system serving a portion of a municipality or municipalities administered by a governmental agency, authority or commission.
ANTENNA - any device or mechanism used in the collection, transmitting, routing or receiving of telecommunications transmissions, radio signals or radio frequency energy including, but not limited to, use by or in the provision of wireless communications, cellular communications and personal communication services.
ANTENNA HEIGHT - the vertical distance measured from the base of an antenna support structure/tower at grade to the highest point of the antenna support structure/tower, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE/TOWER - any pole, telescoping mast, monopole, tower, tripod or any other structure which supports or has attached to it, an antenna or antennae.
CELL SITE - a tract or parcel of land that contains the wireless, cellular or personal communications service antenna, its antenna support structure, accessory buildings) and parking, and may include other uses associated with and ancillary to providing wireless communications, cellular communications or personal communications services.
TOWERS, CELLULAR AND WIRELESS TOWERS, FACILITIES, AND EQUIPMENT - includes, but is not limited to antenna, antenna support structures, and cell sites.
CLASS I HISTORIC RESOURCE - any of the following:
(1) Sites designated by the Secretary of the Interior as National Historic Landmarks.
(2) Buildings, sites, structures, districts and objects listed individually on the National Register of Historic Places.
(3) Buildings and structures classified as "certified historic structures" by the Secretary of the Interior.
(4) Buildings, sites, structures, and objects documented as "contributing resources" in a National Register Historic District.
(5) Resources which have received a determination of eligibility (DOE) by the PHMC.
(6) Buildings, sites, structures, or objects documented as "contributing resources" within any historic district which has received a determination of eligibility (DOE) from the PHMC.
(7) Other historic resource which may have been designated a Class I Historic Resource by the Board of Supervisors on the HRI as provided in this Article.
CLASS II HISTORIC RESOURCE - all historic resources included in the HRI, not otherwise designated as Class I Historic Resources, and approved as such by the Board of Supervisors pursuant to the provisions of this Article.
CONTRIBUTING RESOURCE - a building, structure or site adding to the historic significance of a property, neighborhood or district.
CULTURAL STUDIO - a facility used for providing to the public instruction in the performing arts, limited to dance, music, and theater, and the fine arts, including drawing, painting, photography and sculpture.
DEMOLITION OR DEMOLISH - the razing, destruction or removal, whether entirely or in significant part, of the exterior of a building, structure, or site. Demolition includes the removal of a building or structure from its site or the removal, stripping, concealing or destruction of the facade or any significant exterior architectural features which are integral to the historic character of the resource, for whatever purpose, including new construction, reconstruction or relocation.
HRI - the Thornbury Township Historic Resources Inventory, as may be amended by resolution from time to time by the Board of Supervisors.
HRM - the Thornbury Township Historic Resources Map as may be amended by resolution from time to time by the Board of Supervisors. The HRM shall consist of a plotting of the resources identified on the HRI.
NATIONAL REGISTER - the National Register of Historic Places.
PHMC - the Pennsylvania Historical and Museum Commission.
RESOURCE - any Class I or Class II Historic Resource.
TOWNSHIP - Thornbury Township, Delaware County.