Article 2
Definitions

§13-201 Rules of Interpretation.

1.    For the purpose of this Chapter, the terms and words listed in this Section shall have the meaning herein defined. Words not herein defined shall have the meanings given in Webster’s Unabridged Dictionary (most recent edition) and shall be interpreted so as to give this Chapter its most reasonable application.

2.    For the purpose of this Chapter, the following rules of interpretation shall apply:

A.    Words in the present tense include the future tense.

B.    Words in the singular include the plural and words in the plural include the singular.

C.    The words “use” and “occupied” as applied to any land or buildings shall be construed to include the words “or intended, arranged, or designed to be used or to be occupied, or offered for occupancy.”

D.    The term “such as” shall be considered as introducing a typical or illustrative designation of items, and shall not be interpreted as constituting a complete list.

E.    The words “person” and “owner” shall be deemed to include a firm, company, corporation, unincorporated association, organization, trust and a partnership, or other legal entity, as well as an individual.

F.    The words “building” and “structure” shall be construed as if followed by the phrase “or part thereof.”

G.    The word “lot” includes the words “plot” and “parcel.”

H.    The word “water body” includes lake, pond, dammed water, and water-filled quarry.

I.    The word “erect” shall mean to build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix, or maintain any structure or building and shall also include the painting of exterior wall signs.

J.    The term “shall” is always mandatory; the terms “may” and “should” are permissive.

(Ord. 2008-2, 6/9/2008, §201)

§13-202 Specific Terms.

Unless otherwise expressly stated, the following words shall, for the purpose of this Chapter, have the meaning herein indicated. Undefined terms or words used herein shall have their ordinarily accepted meanings or such meanings as the context of this Chapter may imply:

Accelerated erosion–the removal of the surface of the land through the combined action of man’s activities and the natural process at a rate greater than would occur because of the natural process alone.

Alley–a minor public right-of-way providing secondary vehicular access to the side or rear of two or more properties.

Annexation–to append or unite a lot, tract, or parcel to an adjacent lot, tract, or parcel, thus creating and resulting in one lot comprised from two or more adjacent lots. Annexation in this context shall be deemed to mean the increase in area or size of an existing lot, tract, or parcel and shall not be construed to mean the creation of a new building lot for development purposes.

Applicant–a landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors, and assigns.

Application for development–every application, whether preliminary, tentative, or final, required to be filed and approved prior to start of construction or development including but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.

Act 247–see “Pennsylvania Municipalities Planning Code.”

Best management practice (BMP)–structural devices or other methods that temporarily store or treat stormwater runoff to reduce flooding, remove pollutants and provide other environmental amenities.

Block–a tract of land, a lot, or two or more contiguous lots, bounded by streets, public parks, railroad rights-of-way, watercourses, boundary lines of the Township, unsubdivided land or by any combination of the above.

Borough–the Borough of Cornwall or Cornwall Borough.

Borough Council–the governing body of the Borough of Cornwall (Borough Council)

Building–a structure that has a roof supported by columns, piers, or walls, which is intended for the shelter, housing, or enclosure of persons, animals or chattel or which is to house a use of a commercial or manufacturing activity.

Building, accessory–a building detached from and subordinate to the principal building or use on the same lot and used for purposes customarily incidental to the principal building, but not including vehicles, mobile homes, travel trailers, truck trailers, or any parts thereof. An accessory building may not house a principal use nor may it stand alone on a lot as a principal building.

Building, principal–a building in which the principal use of the lot is conducted.

Building (setback) line–a line established by Borough zoning codes or the subdivision regulations, which defines the required minimum distance between any building and the adjacent public right-of-way.

Cartway–the portion of the street right-of-way, paved or unpaved, intended for vehicular use. The shoulder is not considered part of the cartway.

Center line of street or road–a line midway between and parallel to the two street or road property or right-of-way lines, or as otherwise defined by the Borough.

Channel–a natural or artificial watercourse with a definite bed and banks that confine and conduct continuously or periodically flowing water.

Clear sight triangle–an area of unobstructed vision at the intersection of two or more streets, driveways, or alleys. It is defined by lines of sight between points at a given distance from the intersection of the centerlines of streets, driveways, or alleys.

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

Conservation–the planned management of a natural feature to prevent its exploitation, destruction, or neglect.

Conservation plan–a plan for controlling the adverse effects of any site disturbance on natural features for an identified area of land, including a map(s) and narrative that, at a minimum, outlines methods and management practices which will be employed to prevent or minimize said impacts.

Construction–the building, reconstruction, demolition activities for reconstruction, extension, expansion, alteration, substantial improvement, erection, or relocation of a building or structure, including mobile homes. This shall include the placing and fastening of construction materials in a permanent position. Earth moving activities shall not be deemed construction.

COE–United States Army Corps of Engineers.

County–the County of Lebanon, Commonwealth of Pennsylvania.

Crosswalk (interior walk)–a publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street.

Cul-de-sac–a street intersecting another street at one end and terminating at the other in a vehicular turnaround.

Culvert–a structure with appurtenant works that carries a watercourse under or through an embankment or fill.

Curb–the raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic; all curbs shall be constructed in accordance with the specifications in this Chapter or any other ordinance enacted by the Borough Council setting requirements for the construction of roads, curbs, and sidewalks.

DBH–the diameter of a tree at breast height, usually measured 4.5 feet from the ground surface.

Decision–final adjudication of any board or other body granted jurisdiction under any land use ordinance or the MPC to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the Borough lies.

Dedication–the deliberate appropriation of land by its owner for any general and public, or limited public, use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

Department of Environmental Protection (DEP)–the Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.

Department of Transportation (PennDOT)–the Department of Transportation of the Commonwealth of Pennsylvania or any agency successor thereto.

Design storm–the magnitude of precipitation from a storm event measured in probability of occurrence (e.g., 10-year storm) and duration (e.g., 24-hour), and used in computing stormwater management control systems.

Detention basin–a vegetated pond, swale, or other structure designed to drain completely after storing runoff only for a given storm event and release it at a predetermined rate. Also known as a “dry pond.”

Determination–final action by an officer, body, or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

(1)    The governing body.

(2)    The Zoning Hearing Board.

(3)    The planning agency, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under the subdivision and land development ordinance or planned residential development provisions.

Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

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 buildings or other structures, mining, dredging, filling, grading, paving, logging, excavation, or drilling operations.

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 the development plan” when used in this Chapter shall mean the written and graphic materials referred to in this definition.

Double frontage lot–a lot, other than a corner lot, fronting on two streets.

Drainage facility–any ditch, gutter, pipe, culvert, storm sewer, or other structure designed, intended or constructed for the purpose of carrying surface waters off streets, public rights-of-way, parks, recreational areas, or any part of any subdivision or contiguous land areas.

Drainage right-of-way–the lands required for the installation of storm 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, particularly the owners of downstream land, against flood damage.

Driveway–every entrance or exit used by vehicular traffic to or from properties abutting a street or highway.

Earth disturbance–any activity including, but not limited to, construction, mining, farming, timber harvesting, and grubbing which alters, disturbs, and exposes existing land surfaces. (See “land disturbance activity”.)

Easement–the authorization by a property owner of a right-a-way granted, but not dedicated, for limited use of private land for public or quasi-public purpose, within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee of the easement.

Easement of access–any driveway or other entrance from a public or private road. A field road providing access to agriculturally used fields and not providing access to any residential, commercial, or industrial structure is not considered an easement of access.

Encroachment–any physical action which may jeopardize the health and longevity of a natural feature, or any structure or activity which in any manner changes the course, current, or cross-section of any wetland, water course, or body of water.

Energy dissipator–a device used to slow the velocity of stormwater particularly at points of concentrated discharge such as pipe outlets.

Enforcement officer–the duly constituted Borough official designated to administer and enforce this Chapter. The enforcement officer shall administer this Chapter in accordance with its literal terms. The enforcement officer also may be the Building Inspector and/or Zoning Officer of the Borough.

Engineer, Borough–a registered engineer designated by the Council to review a subdivision plan and perform duties as required by this Chapter on behalf of the Borough.

Engineer, professional–an individual licensed and registered as a professional engineer by the Commonwealth of Pennsylvania.

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

Erosion and sedimentation control plan–a plan that is designed to minimize accelerated erosion and sedimentation.

Financial security–a letter of credit or other form of guarantee in accordance with the requirements of Article V of the Municipalities Planning Code, 53 P.S. §10501 et seq., posted by a developer to secure the completion of improvements indicated on an approved plan.

Floodplain–(1) A relatively flat or low land area adjoining a river, stream, or watercourse, which is subject to partial or complete inundation by water; (2) an area subject to the unusual and rapid accumulation or runoff of surface water from any source. For the purposes of this Chapter, the floodplain shall be considered to be the 100-year floodplain which is a floodplain having a 1 percent chance of being subject to the above conditions during any given year.

Freeboard–the difference between the design flow elevation in the emergency spillway and the top of the settled embankment.

Frontage–the width of a lot or property that abuts a street, being the distance measured along the street right-of-way line from one side lot line to the other.

Governing body–the Borough Council of the Borough of Cornwall, Lebanon County, Pennsylvania.

Grade–the slope expressed in a percent that indicates the rate of change of elevation in feet per hundred feet.

Grade, finished–the completed surfaces of lawns, walks, and roads brought to elevations as shown on official plans or designs relating thereto.

Grassed waterway–a natural or man-made drainageway of parabolic or trapezoidal cross-section shaped to required dimensions and vegetated for safe disposal of runoff. (Also known as a “swale.”)

Groundwater–subsurface water in a zone of saturation.

Groundwater recharge–replenishment of geologic structures and rock or soil interstices that have the capacity to store water.

Grubbing–the clearing of land by digging up roots and stumps.

Hardship–a condition, not economic in nature, not caused by the applicant or developer for whom he may request a waiver.

Holding pond–a retention or detention pond.

Hydric soil–a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation.

Impervious area–any portion of a lot covered by an impervious surface.

Impervious surface–those surfaces that do not absorb rain. All buildings, including roof overhangs, parking areas, driveways, roads, sidewalks, and such areas as those in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the Borough Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.

Improvements–physical additions and change to the land, necessary to produce usable and desirable lots. Includes, but is not limited to, grading, paving, curbing, street lights and signs, fire hydrants, water mains, sanitary sewer mains including laterals to the street right-of-way line, storm drains including all necessary structures, sidewalks, crosswalks, street trees, and monuments.

Land development–any of the following activities: (1) 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; (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; (2) a subdivision of land.

Land disturbance activity–any use involving the installation of ground cover, grading, filling, or excavation of land; or the erection of a dwelling or other principal structure; or the modification, removal, filling, or alteration of an existing stormwater management facility or drainage easement.

Landowner–the legal or beneficial owner or owners of the land, including the holder of an option or contact 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.

Landscape architect–a licensed landscape architect registered in the Commonwealth of Pennsylvania.

Landscaping–the planting of turf, trees, shrubs, and other appropriate vegetative materials and ground cover within the open areas of a lot other than for agricultural purposes, and including the maintenance and replacement thereof, for the purposes of erosion control, retention of precipitation, protection against the elements and promotion of human comfort and welfare.

Location map–a map showing the site with relation to adjoining areas.

Lot–a designed 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.

Lot area–an area of land that is determined by the limits of the property lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot within a street right-of-way shall not be included in calculating the required lot area. In the case of a flag lot, the area of the access strip also shall not be included in the calculation of the minimum required lot area of the lot.

Lot, corner–a lot at the point of intersection of and abutting on two or more intersecting streets, and which has an interior angle of less than 135 degrees at the intersection of the two street lines.

Lot, flag–a lot or parcel that has been approved with access provided to the bulk of the lot by means of a narrow corridor. Said lot has less frontage on a street than is normally required.

Lot, interior–a lot other than a corner lot, the side property lines of which do not abut a street.

Lot, reverse frontage–a lot extending between and having frontage on two generally parallel streets, (excluding service streets), with vehicular access solely from one street.

Lot, through–a lot extending between and having frontage on two streets.

Lot averaging–a development design option that allows some lots within a development to be larger or smaller than is otherwise required by a zoning district; provided the average lot size is equal to or greater than the requirements of the district and where no common open space is provided.

Lot coverage–the percentage of the lot or property area covered by buildings or structures, excluding driveways, sidewalks, and other standard paved vehicular or pedestrian accessways.

Lot depth–a mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

Lot frontage–that portion of a lot extending along a street or road right-of-way line.

Lot line–any line dividing one lot from another lot, street, or parcel.

Lot width–the horizontal distance between the side lot lines measured at right angles to its depth. The required lot width shall be measured at the required minimum front-yard setback line, except that pie-shaped lots at the turnaround of cul-de-sac streets shall have lot frontage equal to at least 50 percent of the required lot width and shall achieve required lot width at a point equal to 50 percent of the lot depth.

Maintenance guaranty–a guaranty by the subdivider/developer that he shall maintain all improvements in good condition for a period after completion of construction and inspection of any improvements intended for public use.

Marker–a solid metal pin of at least ¾-inch in diameter and at least 24 inches in length.

Mitigation–includes (1) avoiding the impact altogether by not taking a certain action or parts of an action; (2) minimizing impacts by limiting the degree of magnitude of the action or its implementation; (3) rectifying the impact by repairing, reducing or eliminating the impact over time by preservation and maintenance operations during life of the action; and (4) compensating for the impact by replacing or providing substitute resources.

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 mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a signal mobile home.

Mobile home park–a parcel or contiguous 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.

Monument–a stone or concrete monument with a flat top at least 4-inch diameter or square and at least 24 inches in length (preferred 30 inches to 36 inches). Concrete monuments shall contain a copper or brass dowel (plug). The bottom sides or radius shall be at least 2 inches greater than the top, to minimize movements caused by frost.

Municipality–the Borough of Cornwall, Lebanon County, Pennsylvania.

Nonresidential–any use other than a dwelling. An institutional use, in which persons may reside, such as a dormitory, prison, nursing home, or hospital, shall be considered a nonresidential use.

NWI - National Wetland Inventory.

Obstruction–any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across or projecting into any channel, watercourse, or floodprone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.

On-site stormwater management–the control of runoff to allow water falling on a given site to be absorbed or detained on site to the extent that after development the peak rate of discharge leaving the site is no greater than if the site had remained undeveloped.

PADEP–see “Department of Environmental Protection.”

Peak discharge–the maximum rate of flow of water at a given point and time resulting from a specified storm event.

Pennsylvania Municipalities Planning Code (MPC)–adopted as Act 247 of 1968, this act enables municipalities to plan for, and regulate, community development with subdivision and land development ordinances. The code also contains guideline for subdivision and land development ordinance content. For the purpose of this Chapter, the Code, enacted as Act 247 of 1968, and amended by Act 170 of 1988, and Acts 67 and 68 of 2000, is intended to include the current code and any further amendments thereto and shall be referred to hereafter as “MPC. 53 P.S. §10101 et seq.”

Permeable surface–a surface that permits the passage of water (opposite of impervious surface).

Plan, as-built–a plan of the original approved facilities showing those changes made during the construction process, including all supplementary data specified in §13-607 of this Chapter.

Plan, final–a complete and exact subdivision and/or land development plan including all supplementary data specified in §13-403 of this Chapter; a final plat.

Plan, lot annexation–a complete and exact subdivision plan including all supplementary data specified in §13-404 of this Chapter.

Plan, preliminary–a subdivision and/or land development plan including all required supplementary data specified in §13-402 of this Chapter, showing approximate locations.

Plan, record–a final plan which contains the original endorsement of the local Borough and the Planning Commission which is intended to be recorded with the Lebanon County Recorder of Deeds.

Plan, sketch–an informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of a proposal prepared in accordance with §13-401 of this Chapter.

Planned residential development–an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in a lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.

Planning Commission–the Cornwall Borough Planning and Zoning Commission.

Planning Department–the Lebanon County Planning Department.

Planning module for land development–a revision to the Borough Official Act 537 Plan submitted in connection with the request for approval of a subdivision or land development in accordance with DEP regulations.

Planting, screen–a strip of planting sufficient to provide an effective screen.

Plat–the map or plan of a subdivision or land development, whether preliminary or final.

Preservation or protection–when used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

Prime agricultural land–land used for agricultural purposes that contains soils of the first, second, or third class as defined by the United States Department of Agriculture, Natural Resource and Conservation Services County Soil Survey.

Prime wildlife habitat–those areas necessary to maintain an existing population of a given species, the destruction of which will cause a reduction in population density.

Project site–an area of land under land disturbance or development and within the jurisdiction of this Chapter.

Rare–a species or subspecies that due to unique habitat requirements or sporadic distribution may not commonly occur in a given area or region.

Recorder of Deeds–the Recorder of Deeds in and for Lebanon County, Pennsylvania.

Replacement location–a location designated as the future location of an individual on-lot sewage system that shall be installed should the initial individual on-lot system installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of DEP and all applicable Borough ordinances for an individual on-lot sewage system.

Report–any letter, review, memorandum, compilation, or similar writing made by any body, board, officer, or consultant other than a solicitor to any other body, board, officer, or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body, or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer, or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

Reserve strip–a parcel of ground in separate ownership separating a street from other adjacent properties, or from another street, either proposed or existing.

Resubdivision–any redivision of land, limited to changes in lot lines on the approved final plan or recorded plan as specified in §13-308 of this Chapter. Other replattings shall be considered as constituting a new subdivision of land. See “subdivision.”

Retention basin–a pond, swale, or other structure containing a permanent pool of water designed to store runoff for a given storm event.

Review–the process of making a determination whether a subdivision or land development plan and required accompanying documents and data, conform with this Chapter and other applicable ordinances, laws, rules, and regulations.

Right-of-way–the total width of any land reserved or dedicated for use as a street, road, or other public or semi-public purposes.

Right-of-way lines–the lines that form the boundaries of a right-of-way.

Roadway–see “cartway.”

Sanitary sewage disposal, on-site–any structure designed to biochemically treat sanitary sewage within the boundaries of an individual lot.

Sanitary sewage disposal, community–a sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.

Seasonal high water table soils–those soils in which the groundwater surface is no more than 20 inches from the ground surface at certain times of the year.

Sediment–soils or other surficial materials transported by surface water as a product of erosion.

Sediment basin–a temporary dam or barrier constructed across a waterway or at other suitable locations to intercept the runoff and to trap and retain the sediment.

Sedimentation–the process by which sediment is deposited on stream bottoms.

Sedimentation control–the use of man-made or other methods to minimize accelerated erosion and sedimentation.

Septic tank–a covered watertight settling tank of monolithic concrete or other DEP approved material in which raw sewage is biochemically changed into solid, liquid and gaseous states to facilitate further treatment and final disposal.

Setback–the horizontal distance from a lot line to the part of the building nearest to such a lot line.

Sewage Enforcement Officer–the Borough official, who being certified by the State Board of Certification or Pennsylvania Department of Environmental Protection, issues and reviews permit applications and conducts such investigations, inspections and tests as are necessary to implement the Pennsylvania Sewage Facilities Act, 35 P.S. §750.1 et seq., as amended, and the rules and regulations issued thereunder, and Borough ordinances.

Shoulder–the portion of a street, contiguous to the main traveled portion, for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses and pavements.

Sight distance–the length of street, measured along the centerline, which is continuously visible from any point 3½ feet above the centerline.

Site disturbance–any activity which involves removal of vegetation, or which causes land on a given site to be exposed to the danger of erosion, including clearing, grading, filling, plowing, and other types of earthmoving.

Site improvements–physical additions or changes to the land that may be necessary to provide usable and desirable lots including, but not limited to, utilities, streets, curbing, sidewalks, street lights and stormwater.

Soil percolation test–a field test conducted in accordance with Pennsylvania Department of Environmental Protection (PADEP) standards to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.

Steep slope area–

(1)    Steeply sloping land–land with a topographic gradient in excess of 25 percent.

(2)    Strongly sloping land–land with a topographic gradient in excess of 15 percent but not in excess of 25 percent.

Storage structure–a retention or detention structure.

Storm sewer–a system of pipes, conduits, swales, or other similar structures including appurtenant works which carries intercepted runoff, and other drainage, but excludes domestic sewage and industrial wastes.

Stormwater–drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.

Stormwater management–a program of controls and measures including BMPs designed to regulate the quantity and quality of stormwater runoff from a development while promoting the protection and conservation of groundwaters and groundwater recharge.

Stormwater management facilities–those controls and measures used to effect a stormwater management program.

Stream–a natural drainage way having defined bed and banks that supports aquatic life including, but not limited to, fish, reptiles, and macro-invertebrates.

Street–any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, or any other way used or intended to be used by vehicular traffic or pedestrians, whether public or private. The word “street” includes the entire right-of-way and is not limited to the cartway area.

Street, private–a strip of private land providing access to abutting properties and not offered for dedication or accepted for Borough ownership and maintenance.

Street line–the dividing line between the street and lot, also known as right-of-way line.

Structure–any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

Structure, accessory–a structure subordinate to and detached from the principal structure on the same lot and used for the purposes customarily incidental to the principal structure.

Subdivider–see “developer.”

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, 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 agriculture purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

Subdivision, natural–the division of land into two or more portions by virtue of the location of a public road.

Substantially completed–where, in the judgment of the Borough Engineer, at least 90 percent (based on the cost of the required improvements for which financial security was posted pursuant to 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.

Surveyor, registered–an individual licensed and registered as a professional land surveyor by the Commonwealth of Pennsylvania.

Swale–a natural channel or other low-lying stretch of land, which collects or carries surface water runoff.

Tile disposal field–a system of open jointed or perforated pipes laid on the upper strata of the soil to distribute sewage effluent into the soil for absorption and evaporation.

Tile field (tiling)–the installation of subsurface drainage facilities (i.e., pipe, etc.) to drain areas otherwise affected by high groundwater levels.

Timbering (timber harvesting)–the cutting down and removal of trees and logs to be converted to any forest product.

Tree dripline–the line marking the outer edges of the branches of the tree.

Waiver–the granting of a modification to these regulations which, in the opinion of the Borough Council, will not be detrimental to the general welfare, impair the intent of those regulations or conflict with the comprehensive plan.

Watercourse–any channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

Water supply system, on-site–a system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.

Water supply system, community–a system for supplying and distributing water from a common source to two or more dwellings.

Watershed–all the land from which water drains into a particular watercourse.

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.

Wetland delineation–the defined boundary between a wetland and upland, in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987.

(Ord. 2008-2, 6/9/2008, §202)