§ 160-7. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT

A landowner, as herein defined, or agent of the landowner, who has filed the application for a stormwater management permit, or who submits subdivision and/or land development plans to the Board of Supervisors for the purpose of obtaining approval thereof.

BLOCK

An area divided into lots and usually bounded by streets.

BUILDING

Any structure, either temporary or permanent, having walls or a roof and designed or used for a shelter of any person, animal or property and occupying more than 100 square feet of area. The word "building" shall include any part thereof.

BUILDING SETBACK LINE

The rear line of the minimum required front yards. The building setback line shall be measured from the street line.

CARTWAY

The hard or paved surface portion of any street, or that portion of a street customarily used by vehicles in the regular course of travel over the street.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

CUL-DE-SAC

A secondary street, with one end intersecting another street which is used for vehicular and pedestrian access and the other end terminating in a vehicular turnaround.

CULVERT

A pipe, conduit or similar structure including the appurtenant works which carry surface water.

DEDICATION

The deliberate transfer of property by its owner for general public use.

DESIGN STORM

The magnitude of precipitation from a storm event measured in probability of occurrence (e.g., fifty-year storm) and duration (e.g., twenty-four-hour) and used in computing stormwater management control systems.

DETENTION BASIN

A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.

DEVELOPER

A person, partnership, association, corporation or other entity, or any responsible person therein or agent thereof, that undertakes any regulated activities of this chapter.

DEVELOPMENT PLAN

The provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.

DEVELOPMENT SITE

A specific tract of land for which activity is proposed.

DRAINAGE FACILITY

Any ditch, pipe, culvert, storm sewer or structure designed, intended or constructed for the purpose of diverting surface water from or carrying surface waters off streets, public rights-of-way, parks, recreational areas or any part of any subdivision or land development.

DWELLING UNIT

Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.

EASEMENT

A grant of the use of a parcel of land to the use of the public, a corporation or person, for a specified purpose.

ENGINEERING CONSIDERATIONS

For the purpose of clearly identifying the extent of the Township Engineer's responsibility in the review of subdivisions and land developments, the following engineering considerations are defined. The Engineer shall make recommendations indicating approval or disapproval of the proposed subdivision or land development based solely upon the various engineering considerations identified below as they are reflected in the submitted plans:

A. 

Dimensions of lots or parcels.

B. 

Soil conditions.

C. 

Surface/subsurface drainage conditions and plans.

D. 

Lighting plans.

E. 

Utility plans.

F. 

Location and design of entrance and exit accessways.

G. 

Road specifications, cross-sections and profiles.

H. 

Profiles.

I. 

Sewage disposal.

J. 

Conformance of the plans in all respects with the performance standards in Chapter 185, Zoning.

K. 

Improvements required: materials, construction methods, workmanship.

EROSION

The removal of soil particles by the action of water, wind, ice or other geological agents.

FEEDER ROOTS

The smallest roots of a tree, which are responsible for most of the absorption of nutrients into the tree; most are located within the top 12 inches of the soil.

GROUNDWATER RECHARGE

Replenishment of existing natural underground water supplies.

IMPROVED PUBLIC STREET

Any street for which the township, county or commonwealth has maintenance responsibility and which is paved with an approved hardtop surface.

IMPROVEMENTS

Those physical additions, installations, and changes, such as streets, curbs, sidewalks, water mains, sewers, drainage facilities, public utilities, automobile parking facilities, streetlights, community facilities and other appropriate items, required to render land suitable for the use proposed.

[Amended 2-21-2006 by Ord. No. 375]

INFILTRATION STRUCTURE

A structure designed to direct runoff into the ground, e.g., trench drain, seepage pits, seepage trench.

LAND DEVELOPMENT

Any of the following activities:

[Amended 10-2-2007 by Ord. No. 388]

A. 

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

(1) 

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

(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.

LANDOWNER

The legal, beneficial, equitable 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 right of the landowner) or any other person having interest in the land.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A lot for the purpose of this chapter may or may not coincide with a lot of record. A lot for the purpose of this chapter may or may not coincide with a lot of record.

LOT AREA

The area contained within the property lines of the individual parcels of land as shown on a subdivision. The lot area shall be measured to the street line and shall include the area of any easement but shall not include the area of any right-of-way.

LOT, CORNER

A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at the points beginning with the lot or at the points of intersection of the side lot lines with the street right-of-way lines intersect at an interior angle of less than 135°.

LOT LINE

Any boundary line of a lot.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MULTIPLE-DWELLING BUILDING

A building providing separate living quarters for two or more families.

MUNICIPAL ARBORIST

A person selected by the township whose responsibilities include ensuring that the tree protection standards are followed correctly. The Municipal Arborist must have a degree in aboriculture, horticulture, forestry, landscape architecture, silviculture or plant physiology and have a knowledge of and experience in the methods of tree protection.

MUNICIPAL AUTHORITY

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."

PEAK DISCHARGE

The maximum rate of flow of storm runoff at a given point in time resulting from a specified storm event.

PRUNING

Removal of branches from a tree using proper tools and approved cutting techniques.

PUBLIC GROUNDS

Includes:

A. 

Parks, playgrounds, trails, paths and other recreational areas and other public areas;

B. 

Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and

C. 

Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), as amended, known as the "Sunshine Act," 65 P.S. § 271 et seq.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township of Upper Southampton. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

REGULATED ACTIVITIES

Actions or proposed actions which impact upon proper management of stormwater runoff and which are governed by the ordinance as specified in § 160-4.

RELEASE RATE

The percentage of the predeveloped peak rate of runoff for a development site to which the postdeveloped rate of runoff must be controlled to protect downstream areas.

REVERSE FRONTAGE

A lot extending between and having frontage on an arterial street and a minor street and with vehicular access solely from the latter.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied by a street, alley, crosswalk, sanitary or storm sewer, stream, drainage ditch or for another special use. The usage of the term "right-of-way" for land plotting purposes in the township shall mean that every right-of-way hereafter established and shown on a final record plan is to be separate and distinct from lots or parcels adjoining such right-of-way and not included with the dimensions or areas of such lots or parcels.

RIGHT-OF-WAY (FUTURE)

A. 

The right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads.

B. 

A right-of-way established to provide future access to or through undeveloped land.

RUNOFF

The part of precipitation which flows over the land.

SEDIMENT

Solid material, both mineral and organic, that is in suspension, is being transported or has been removed from its site of origin by water.

SEDIMENT BASIN

The barrier, dam retention or detention basin to retain sediment.

SEEPAGE PIT OR SEEPAGE TRENCH

An area of excavated earth which has been filled with loose stone or similar material for the purpose of directing water from infiltration into the groundwater.

SOIL COVER COMPLEX METHODS

A method of runoff computation developed by the Soil Conservation Service which is based upon relating soil types and land use/cover to a runoff parameter called a curve number.

STORM SEWER

A system of pipes or other conduits which carries intercepted surface runoff, street water and other waters or drainage that excludes the domestic sewage and industrial waste.

STREAM

Any body of water or watercourse that is recognized and regulated by the Pennsylvania Department of Environmental Protection.

[Amended 10-2-2007 by Ord. No. 388]

STREET

[Amended 2-21-2006 by Ord. No. 375]

A. 

A direct-access public or private way used or intended to be used for passage or travel by vehicles and pedestrians and to provide access to abutting properties. ("Street" includes: a street, avenue, boulevard, road, highway, freeway, parkway, lane, alley and viaduct.)

B. 

Streets are further defined and classified and have the following characteristics:

(1) 

Interstate highways, freeways, expressways, and other principal arterials:

(a) 

Provides service for major through movements and for long trips that bypass urban areas.

(b) 

Serves long distance intra-city travel.

(c) 

Includes almost all fully and partially controlled access facilities.

(d) 

Provides continuity for all rural arterials that intercept the urban boundary.

(e) 

Widely spaced from other principal arterials.

(f) 

Usually accounts for high volumes.

(2) 

Minor arterials:

(a) 

Interconnects with and augments urban principal arterials.

(b) 

Provides service to moderate-length trips, although with lower level of mobility than principal arterials.

(c) 

Ideally, should not penetrate identifiable neighborhoods.

(d) 

Ideally, should be spaced no more than one mile from other minor arterials in urbanized areas.

(e) 

Places more emphasis on land access than principal arterials.

(f) 

Connects to rural major collectors at urban boundary.

(3) 

Collectors:

(a) 

Length is generally shorter than arterials but longer than local streets.

(b) 

May penetrate identifiable neighborhoods.

(c) 

Collects traffic from local streets and channels it to arterial systems.

(d) 

Provides service for both land access and for local traffic movement within neighborhoods, commercial areas, and industrial areas.

(4) 

Local streets:

(a) 

Comprises all facilities not on higher systems.

(b) 

Provides access directly to land uses and access to higher order systems.

(c) 

Offers minimum through service.

C. 

LOCAL STREETS:

(1) 

PRIMARY RESIDENTIAL STREET

Designed to carry a moderate volume of traffic, to intercept secondary (residential) streets, to provide routes to collector streets and community facilities and to provide access to abutting properties.

(2) 

SECONDARY RESIDENTIAL STREET

Designed to provide access to the abutting properties and a route to primary residential streets.

(3) 

MARGINAL ACCESS STREET

A secondary street which is parallel to and adjacent to an expressway, arterial or adjacent to an expressway, arterial or collector street, and which provides access to abutting properties and protection from through traffic.

(4) 

ALLEY

A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

(5) 

DRIVEWAY

Generally a private way for use of vehicles and pedestrians, providing access between a public street and a parking area with a lot or property.

STREET LINE

The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line, provided that:

A. 

The street right-of-way shall not be less than required in 160-34 of this chapter; and

B. 

Where a future right-of-way width for a street has been officially established, the street right-of-way line shall be the side line of the future right-of-way so established.

STRUCTURE

A combination of materials assembled, constructed or erected at a fixed location including a building, the use of which requires location on the ground or attachment to something having location on the ground.

SUBAREA

The smallest unit of watershed breakdown per hydrologic modeling purposes for which the runoff control criteria has been established.

SUBDIVISION, MAJOR AND MINOR

A. 

MAJOR SUBDIVISION

- The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision or lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

B. 

MINOR SUBDIVISION

- The division of a single lot, tract or parcel of land into two lots, tracts or parcels of land, for the purpose, whether immediate or future, of transfer of ownership or of building development, provided that the proposed lots, tracts, or parcels of land thereby created have frontage on an improved public street or streets, and provided further that there is not created by the subdivision any new street or streets, the need for required improvement easement of access or the need therefor.

SUBSTANTIALLY COMPLETED

Where, in the judgment of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of this chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

SWALE

A low-lying stretch of land that gathers or carries surface water runoff.

TREE DRIPLINE

The line marking the outer edges of the branches of the tree.

TREE PROTECTION ZONE (TPZ)

An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree, or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.

USE

Any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

WATERCOURSE

Any body of water or watercourse that is recognized and regulated by the Pennsylvania Department of Environmental Protection.

[Amended 10-2-2007 by Ord. No. 388]

WATER SURVEY

An inventory of the source, quality, yield and use of groundwater and surface water resources within the Township of Upper Southampton.

WOODLANDS

The area comprising one or more acres of wooded land where the largest trees measure at least six inches diameter at breast height (dbh), 41/2 feet from the ground, or a grove of trees forming one canopy where 10 or more trees measure at least 10 inches dbh.

YARD

An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The dimension of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.

YARD, FRONT

A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.

Editor's Note: The former definition for “land redevelopment,” which immediately followed this definition, was repealed 2-21-2006 by Ord. No. 375.

Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.

Editor's Note: Former 65 P.S. § 271 et seq. was repealed 10-15-1998, P.L. 729, No. 93, § 6(a)(3). See now 65 Pa.C.S.A. § 701 et seq.

Amended 6-20-1989 by Ord. No. 268; 1-21-1992 by Ord. No. 295; 9-7-1999 by Ord. No. 338