ARTICLE II - DEFINITIONSSection 196-201. - Construction. Unless otherwise expressly stated, the following words shall, for the purpose of this Ordinance, have the meaning herein indicated. The present tense shall include the future; the singular number shall include the plural; words used in the masculine gender shall include the feminine and the neuter; the word "shall" is always mandatory; the word "may" is always permissive. Section 196-202. - Terminology.Agent – Any persons other than the subdivider or land developer who, acting for the subdivider or land developer, submits to the Township subdivision or land development plans for the purpose of obtaining approval thereof. Agricultural Soils - Agricultural Soils shall be recognized and classified as follows: Manuscript AlA Alton gravelly loam, 0 to 3 percent slopes 2. Statewide Important Farmland. The following soil types classified in the soils survey of Bucks County, Pennsylvania, U.S. Department of Agriculture, Natural Resources Conservation Service, September 2002 Report, or as amended shall be recognized as statewide important farmland soils. Soils mapping within the soil survey shall be utilized to determine the presence of statewide important farmland soils unless a site specific soil classification of the tract has been completed by a certified soil scientist. Statewide Important Farmland Manuscript AbA Abbottstown silt loam, 0 to 3 percent slopes Alley - A strip of land over which there is a public or private right-of-way which serves as the secondary means of vehicular access to the side or rear of two (2) or more properties. Frontage on such a right-of-way shall not be construed as satisfying the requirements of Township Ordinances relating to frontage on a street. Alluvial Soils (Floodplain Soils) - Areas subject to periodic flooding and listed in the Soil Survey of Bucks County, Pennsylvania, U.S. Department of Agricultural Natural Resource Conservation Service 2002 Report as being "on, or in, the flood plain" or subject to flooding. The following soil types are alluvial and/or floodplain soils: Application for Development - Every application, whether tentative, 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 plat or plan or for the approval of a development plan. Architect - A Professional Architect licensed as such by the Commonwealth of Pennsylvania. Berm - An earth mound which physically blocks views without using architectural elements. Block - A tract of land bounded by streets. Block length shall be measured along the centerline of a street between centerlines of intersecting streets. Building - Any structure having a roof supported by columns or walls and intended for shelter, housing, or enclosure of persons, animals or chattels, and including covered porches or bay windows and chimneys. Included shall be all manufactured homes and trailers to be used for human habitation. Cartway or Roadway - The portion of a street right-of-way normally paved or stoned and designed or intended for vehicular use. Clear Sight Triangle - An area of unobstructed vision at street intersection defined by lines of sight between points at a given distance from the intersection of the street right-of-way lines. Common Open Space - A parcel 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. Condominium and Cooperative - (An ownership arrangement and not a land use) a method of ownership which, when applied to a multifamily dwelling, provides for separate ownership for each unit, title of which shall consist of ownership of the unit together with an undivided interest in the common element. Conservation District - Bucks Conservation District. County - The County of Bucks, Pennsylvania. County Planning Commission - The Planning Commission of the County of Bucks. Crosswalk - A right-of-way or easement for pedestrian travel which crosses a cartway. Cul-de-sac - A street intersecting another street at one end and terminating at the other in a vehicular turnaround. Density - The measure of the number of dwelling units per acre as determined by Township Zoning Ordinance regulations. Design Standards - Regulations adopted pursuant to this Ordinance establishing minimum or maximum standards and a layout by which a subdivision and land development is developed. Design Storm - The magnitude of precipitation from a storm event measured in probability of occurrence (i.e. 50-Year Storm) and duration (i.e. 24-Hour), and used in computing storm water management control system. Detention Basin - A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. 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. Development - Any man-made change to improved or unimproved real estate including, but not limited to, the construction or placement of buildings or other structures, mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation, or drilling operations, and the subdivision of land. 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 Ordinance shall mean the written and graphic materials referred to in this definition. Drainage Facility - Any ditch, gutter, swale, culvert, basin, storm sewer or other structure designed, intended or constructed for the purpose of conveying, diverting or controlling surface water or groundwater. Drainage Right-of-Way - The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage and unnatural erosion. Driveway - A private vehicular passageway providing access between a street and a private parking area or private garage. Driveway, Shared - A private vehicular passage way providing access between a street and private parking area or garage serving four (4) or less dwellings. Shared driveways may cross through lots provided access easements are established. Lot frontage on such easements shall not be utilized to meet minimum lot width requirements of the Township Zoning Ordinance. Dwelling - A building designed and occupied exclusively for residential purposes containing one or more dwelling units on a single parcel of land, excluding hotel, rooming house, tourist home, institutional home, guest house, residential club, motel, motor court, and the like. Dwelling Unit - Any room or group of rooms located within a residential building and forming a single, habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating, by one family. Easement - A grant for the use of a parcel of land by the public, a corporation, or a person, for a specified purpose. Easement, Conservation – An easement precluding future or additional development or alteration of the land. Encroachment - Any placement or obstruction in a delineated floodway, wetland, right-of-way, easement, required yard, setback, or adjacent land. Engineer - A Professional Engineer licensed as such in the Commonwealth of Pennsylvania. Erosion - The removal of soil particles by the action of water, wind, ice, or other geological agents. Excavation - Any act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed; and shall include the conditions resulting therefrom. Fill - 2. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final ground elevation. 3. The material used to fill. Financial Security - Any approved security which may be in lieu of a requirement that certain improvements be made before the Board of Supervisors approves a final subdivision or land development plan, including escrow agreements, and other similar collateral or surety agreements. Flood - A temporary inundation of normally dry land areas. Floodplain (General Floodplain) - A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source. Floodplain Soils - Areas subject to periodic flooding and listed in the Soil Survey of Bucks County, Pennsylvania, U.S. Department of Agriculture, Natural Resource Conservation Service, 2002, as being "on the floodplain" or "subject to flooding". Refer definition of alluvial soils (this section) for listing of floodplain soil types. Flood-proofing - Any combination of structural and non-structural 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. Floodway - The channel of the watercourse and portions of the adjoining floodplains which 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 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 both sides of the stream to 50 feet from the top of each bank of the stream. Floodway Fringe - Area between the floodway and boundary of the 100 year flood. For purpose of definition, it is the area of the floodplain that could be completely obstructed without increasing the water surface elevation of the 100 year flood more than one (1) foot at any point. Floodway and floodway fringe are typically calculated by equal conveyance reduction from each side of the floodplain. Forest (Woodlands) - Areas, groves or stands of trees having a diameter greater than six inches measured at four feet above the ground (diameter breast height, hereafter “dbh”) covering an area of ¼ acre or greater where there is at least one mature tree (10 inches or greater dbh) per 1,500 square feet of lot area; or groves of mature trees having a diameter 10 inches or greater dbh and consisting of more than 10 individual trees with that diameter forming a continuous canopy. Governing Body - The Board of Supervisors of Nockamixon Township, Bucks County, Pennsylvania. Grade - The slope of a street, other public way, land area, drainage facility or pipe specified in percent. Grading and Drainage Plan - A plan showing all existing ground features and proposed grading, including existing and proposed surface and subsurface drainage facilities, described by grades, contours, and topography. Groundwater - Natural underground water supplies. Hydric Soils - Soils that are categorized as poorly drained that can support hydrophytic plants, but may not do so in many cases. For the purpose of this Ordinance, hydric soils may be wetland indicator soils. (Refer Wetlands) The following soils, classified in the Soil Survey of Bucks County, Pennsylvania, U.S. Department of Agriculture, Natural Resources Conservation Service published 2002, are a partial listing of hydric soils: Bowmansville silt loam Identified Floodplain Area - The floodplain area specifically identified in this Ordinance as being inundated by the one hundred (100) year flood. Included would be areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain (FA). Impervious Surface - Impervious surfaces are those surfaces which do not absorb precipitation and surface water. All buildings, parking areas, driveways, roads, sidewalks, swimming pools, and any areas in concrete, asphalt, packed stone, or other equivalent surfaces shall be considered impervious surfaces within this definition. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition will be classified as impervious surfaces. Improvements - Those physical additions, installations, and changes required to render land suitable for the use intended, including but not limited to, grading, paving, curbing, street lights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, and street shade trees. Improvement Construction Documents - Include but are not limited to Traffic Study, Stormwater Management Study, Floodplain Study, Wetland Studies, Erosion and Sedimentation Pollution Control Narrative, Geological Studies for Water Supply, Sewage Facilities Alternatives Study, etc. Studies requiring engineering calculations shall be prepared, signed, and sealed by a licensed Professional Engineer when deemed necessary by the Township. Lakes and Ponds – Year round bodies of water. The shoreline of such bodies shall be measured from the maximum permanent pool elevations. Land Development - Any of the following activities: 1. The improvement of one (1) or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving: A. A group of two (2) or more residential or nonresidential buildings, whether purposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or 2. A subdivision of land. 3. "Land development" does not include development which involves: A. The conversion of an existing single family detached dwelling or single family semi-detached dwelling into not more than three (3) residential units, unless such units are intended to be a condominium; B. The addition of a residential accessory building, farm building, including construction to establish any uses provided under Section 402.A.1 (agricultural and horticultural) A-4 (accessory agricultural sales/farm stand) and H-1 thru H-8 (accessory uses) of the Nockamixon Township Zoning Ordinance; or C. The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities. 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/she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. Lot - A parcel of land, used or set aside and available for use as the site of one or more buildings and any buildings accessory thereto, or for any other purpose, in one ownership and not divided by a street, nor including any land within the ultimate right-of-way of a public or private street upon which said lot abuts, even if the ownership to such right-of-way is the owner of the lot. In the case where an existing deeded parcel of land is divided into two or more tracts by public street; for the purposes of this Ordinance, each tract shall be considered a separate lot. 1. Lot, Corner - A lot which has an interior angle of less than one hundred and thirty-five (135) degrees at the intersection of two (2) street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersects at an angle of less than one hundred and thirty-five (135) degrees. 2. Lot, Depth - The mean distance from the ultimate right-of-way line of the lot to its opposite rear line measured in a direction parallel to the side lines of the lot. Lot depth for triangular lots shall be the mean distance from the street line to the point of intersection of the side yards. 3. Lot, Double Frontage - A lot (except for a corner lot) which fronts two interior proposed streets within a subdivision. 4. Lot, Flag (Lane) - A lot which meets the criteria for an exception to the minimum lot width requirements under Section 234-26.E of the Zoning Ordinance. 5. Lot, Interior - A lot, other than a corner lot. 6. Lot, Minimum Width - The minimum required lot width measured at the required building setback line. 7. Lot, Nonconforming - A lot, the area or dimension of, which was lawful prior to the adoption or amendment of the relevant Zoning Ordinance, but which fails to conform to the requirements of the zoning district under the current Zoning Ordinance. 8. Lot of Record - A lot which has been recorded in the Office of the Recorder of Deeds. 9. Lot, Reverse Frontage - A lot (excluding corner lots) which abuts both a proposed street and an existing street of higher classification, with vehicular access solely from the street of lower classification. 10. Lot, Through - An interior lot having frontage on two (2) parallel or approximately parallel streets. 11. Lot, Triangular - A lot having three (3) lot lines, but which does not qualify as a corner lot. 12. Lot, Width (frontage) - The distance measured between the side lot lines, at the required minimum building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or street line. Lot Line – A property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portions of the lot as abuts the street shall be deemed to be the same as the ultimate right-of-way line, and shall not be the center line of the street or any other line within the street line even though such may be the property boundary line. Lot Line Adjustment - A minor subdivision of land resulting in revised property boundaries between two (2) or more existing lots, and not resulting in the creation of any additional lots. Maintenance Guarantee - Any security which may be accepted by the Township for the maintenance of any improvements required by this Ordinance. Major Subdivision - Any subdivision not classified as a minor subdivision or lot line adjustment. Manufactured/Modular Home - A dwelling unit erected on a foundation and made of one or more sections built in a factory. The completed unit shall meet all applicable building codes in effect. Minor Subdivision - Any division or re-division of a lot, tract or parcel of land by any means into not more than two (2) lots. Mobile Home - A transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two (2) 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. For the purposes of this Ordinance, travel trailers are not considered as mobile homes. Mobile Home Lot - A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections 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 (2) or more mobile home lots for the placement thereon of mobile homes. Municipal Authority - A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945". Municipal Engineer - A Professional Engineer licensed as such in the Commonwealth of Pennsylvania and appointed by the Township pursuant to Article V of the Second Class Township Code. Municipalities Planning Code - Act of Assembly of July 31, 1968, P.L. 805, as amended. One Hundred Year Flood - A flood that, on the average, is likely to occur once every one hundred (100) years (i.e. that has one percent (1%) chance of occurring each year, although the flood may occur in any year). Open Space - Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for resource protection, public or private use and enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space shall not include land occupied by non-recreational structures, roads, street rights-of-way, parking lots, land reserved for future parking, stormwater detention/retention facilities, buffers, areas of public facilities such as community sewage disposal systems, or any portion of required minimum lot areas as required by this Ordinance. Open Space, Common - Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as may be required and/or appropriate. Parking Space – An off-street area on a lot with an all weather surface available for the storage of one motor vehicle and having dimensions as required by the Township Zoning Ordinance and this Ordinance, exclusive of passageways and driveways appurtenant thereto, and having individual direct access to a street without moving another vehicle. Person - An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Plan, Final - A complete and exact plan prepared by a licensed engineer or surveyor, prepared for official recording, showing right-of-way lines, easements, lot dimensions with bearings, lot numbers, and any other relevant information pertaining to the street and lot subdivision or land development. The final plan shall include improvement construction documents prepared by a licensed engineer where applicable). Final plan must show typical cross-section of streets and the horizontal and vertical details (plan-profiles of all streets, drainage facilities, sanitary sewers, water mains, fire hydrants, street lights, and all underground and above ground utility conduits and poles). An exact copy of the approved final plan on opaque linen of standard size shall be submitted for necessary signatures and recording with the Bucks County Recorder of Deeds. Plan, Preliminary - A plan prepared by a licensed engineer and/or surveyor showing the existing features of a tract and its surroundings and proposed street and lot layout within and adjacent to the subdivision or land development, as a basis for consideration prior to preparation of a final plan. Preliminary plan shall include improvement construction documents prepared by a licensed engineer (where applicable). Preliminary Plan must show typical cross section of the streets and the horizontal and vertical details (plan-profiles of all streets, drainage facilities, sanitary sewers, water mains, fire hydrants, street lights, and all underground and above ground utility conduits and poles). Plan, Sketch - An informal plan indicating salient existing features of a tract and it surroundings and a general layout of the proposed subdivision or land development, to be used as the basis of informal discussions between representatives of the Township and the subdivider or land developer. Plan, Soil Erosion & Sedimentation Control - A plan approved by the Bucks County Conservation District for controlling erosion and sediment during construction which shall provide all steps, including scheduling, to assure erosion and sediment control during all phases of construction, including final stabilization. Planning Commission - The Nockamixon Township Planning Commission. Plat - A map or plan of subdivision or land development whether sketch, preliminary or final. Public Facilities - Any parks, playgrounds, trails, paths or other recreational areas; any water or sewer collection, transportation or treatment facilities; all street, sidewalk, curb or other roadway facilities to be dedicated; and any drainage or utility easement areas to be dedicated to the Township. Any public improvements required by Ordinance or otherwise to be constructed and dedicated to the Township. Public Hearing - A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission of the Township, intended to inform and obtain public comment, prior to taking action in accordance with this Ordinance. Public Meeting - A forum held pursuant to notice under the Act of July 3, 1986, (P.L. 388, No. 84), known as the "Sunshine Act", 53 P.S. SS271 et seq. Public Notice - Notice published once each week for two (2) successive weeks in a newspaper of general circulation in Nockamixon 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 not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing. Recreation Facilities - The following definitions apply to the recreation facilities required by Section 196-525 of this Ordinance: 1. Tot Lot - A confined, developed, neighborhood play area primarily for use by preschool children under the supervision of parents or guardian. 2. Playfield - A common area within a subdivision or land development for neighborhood residents to use for informal, active recreation purposes such a ball games and other activities requiring a large lawn area, away from homes or other buildings for their proper conduct. 3. Basketball Court - A complete basketball facility including paved, standard-sized court area, with posts, backboards, and baskets at both ends of the court. 4. Tennis Court - A complete tennis facility including paved, standard-sized court area, posts, net and fencing around its perimeter. 5. Swimming Pool - A complete swimming facility including the pool, surrounding paved deck, lawn area, lifeguard and bathroom facilities, and appropriate mechanical equipment. Reserve Strip - A narrow parcel of ground having inadequate area for building purposes separating a street or a proposed street from other adjacent properties. Retention Basin - A basin designed to retain stormwater runoff so that a permanent pool is established. Right-of-Way - A strip of land occupied or intended to be occupied by a street, sidewalk, alley, utilities or other similar use. 1. Existing (Legal) Right-of-Way – The legal right-of-way as established by the Commonwealth of Pennsylvania or other appropriate governing authority and currently in existence. 2. Future (Ultimate) Right-of-Way – The right-of-way deemed necessary by the Nockamixon Township Comprehensive Plan, Zoning Ordinance, and this Ordinance to provide adequate width for future street improvements. Runoff - The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land; that part of precipitation which flows over the land. Sediment - Solid material, both mineral and organic, that is in suspension, has been transported, or has been moved from its site of origin by water. Sedimentation - The process by which mineral or organic material is accumulated or deposited by the movement of wind and water, or by gravity. Once this matter is deposited, or remains suspended in water, it is usually referred to as "Sediment". Select Earth Backfill - Earth backfill material free of organics and other objectionable material being a well graded mixture of rock and soil with no particle size greater than 8 inches. Select Backfill - Crushed stone backfill graded in accordance with PennDOT Form 408. Setback (Building Setback Line) - The minimum distance that a building must be held back from an adjacent lot line, depending on the applicable zoning district, or the minimum distance from the ultimate right-of-way, depending on the applicable street, road or highway. Sewer, Community - A system, whether publicly or privately owned, for the collection of sewage or non-hazardous industrial wastes of a liquid nature from two (2) or more lots, and for the treatment or disposal of the sewage or industrial waste on one or more of the lots or at any other site. Sewer, Individual - A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of the Commonwealth or by means of conveyance to another site for final disposal. Sight Distance - Includes Safe Sight Distance, Safe Stopping Site Distance, Passing Sight Distance, and Decision Site Distance as defined and regulated by Pennsylvania Code Title 67, Chapter 441 and PennDOT Design Manual, Part 2, Publication 13. Sight distance for intersection of streets, alleys, and driveways shall be measured (unobstructed) from a point 10 feet back from edge of pavement at a height of 3.5 feet above the pavement surface to another point 6 inches above the pavement surface. Site - The site shall be defined as a parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots. Slope - The face of an embankment of cut or fill section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per one hundred (100) feet of horizontal distance. Soil, Percolation Test - A field test conducted to determine the absorption capacity of soil to a specified depth in a given location for the purpose of determining suitability of soil for on-site sewage disposal. Street, Road or Highway - Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, viaduct, alley, or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private which are identified on the legally adopted Township street or highway plan, comprehensive plan, or the official map together with all necessary appurtenances, including bridges, rights-of-way and traffic control improvements. The term shall not include the interstate highway system. 1. Expressway - Highways designed for large volumes of high-speed traffic with access limited to grade separated intersections. 2. Local Access Streets are those used primarily to provide access to abutting properties. 3. Collector Streets are streets which give minimal emphasis to travel mobility, which is characterized by low travel speeds, full land access, neighborhood penetration, and which serve minor traffic generators such as local elementary schools, small individual industrial plants, offices, commercial facilities and warehouses not served by principal or minor arterials. 4. Arterial Streets - are those serving large volumes of comparatively high-speed and long-distance traffic, and include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation. 5. Marginal Access Streets are minor streets, parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with the arterial street. 6. Cul-de-sac is a minor street intersecting another street at one end and terminated at the other by a vehicular turnaround. Structure - Any man-made object having an ascertainable stationary location on or in 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 (2) 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 by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement, access, or any residential dwelling, shall be exempted. Substantially Completed - Where in the judgment of the Township Engineer, at least ninety percent (90%) (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of this Ordinance) 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. Surveyor - A licensed surveyor registered by the Commonwealth of Pennsylvania. Swale - A low-lying stretch of land characterized as a depression used to carry surface water runoff. Tree Drip Line – The line marking the outer edge of the branches of the tree. Tree Protection Zone – An area that is radial to the trunk of a tree. The tree protection zone shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk to the drip line (the line marking the outer edge of the branches of the tree), 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. Topsoil - Surface soils and subsurface soils which normally are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the A Horizon. Undeveloped Land - Any lot, tract or parcel of land which has not been graded or in any other manner improved. Unit - A part of the property, structure or building designed or intended for any type of independent use, which has direct exit to a public street or way, or to an easement or right-of-way leading to a public street or way, and includes a proportionate undivided interest in the common elements, which is assigned to the property, structure or building. Utilities – Those services customarily rendered by public utility corporations, municipalities or municipal authorities, including by not limited to, electric, gas, telecommunications, water, and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles, etc.). Water Facility - Any water works, water supply works, water distribution system or part thereof, designed, intended or constructed to provide or distribute potable water. Water Survey - An inventory of the source, quantity, yield and use of groundwater and surface-water resources within Nockamixon Township. Watercourse - An intermittent or perennial stream of water, river, brook, creek, swale; a channel or ditch for water, whether natural or man-made. Wetlands - Those areas that are inundated or saturated by surface or ground water 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, bog and similar areas. The term also includes but is not limited to wetland areas listed in the State Water Plan, the United States Fish and Wildlife Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and a wetland area designated by a river basin commission, or other wetland mapping adopted by the Township. Wetlands Delineation - The process by which wetland limits are determined. Wetlands must be delineated by a qualified specialist according to the 1989 Federal Manuals (as amended) for the Delineation of Jurisdictional Wetlands (whichever is greater) or according to any subsequent Federal or State regulation. Qualified specialist shall include those persons being Certified Professional Soil Scientists as registered with Registry of Certified Professionals in Agronomy Crops and Soils (ARCPACS); or as contained on consultant's list of Pennsylvania Association of Professional Soil Scientists (PAPSS); or as registered with National Society of Consulting Soil Scientists (NSCSS), or as certified by State and/or Federal certification programs; or by a qualified Biologist/Ecologist. |