For the purposes of this chapter, certain words
shall be interpreted as follows:
A.
Words used in the present tense include the future.
B.
The singular number includes the plural and the plural
includes the singular.
C.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for," and "occupied for."
D.
The word "person" includes an individual, corporation,
partnership, incorporated association, and/or any other similar entity.
E.
The words "include" or "including" shall not limit
the term to the specified examples, but are intended to extend the
meaning to all other instances of like kind and character.
F.
The word "building" shall always be construed as if
followed by the words "or part thereof."
G.
The word "may" is permissive, and the words "shall"
and "will" are always mandatory.
Words and terms used in this chapter shall have
the meanings given in this article. Unless expressly stated otherwise,
any pertinent word or term not a part of this listing, but vital to
the interpretation of this chapter, shall be construed to have its
legal definition, or in absence of a legal definition, its meaning
as commonly accepted by practitioners, including civil engineers,
surveyors, architects, landscape architects, and planners.
That which conforms to accepted principles, tests or standards
of nationally recognized technical, scientific, and/or engineering
authorities.
A piece of land which provides access from a public street
to a rear lot, but which does not meet the minimum requirements of
this chapter with respect to lot width at the building line.
A person who has filed an application for approval of subdivision
or land development plans, including his/her heirs, successors, agents,
and assigns. This term also includes landowner, developer, builder,
and/or other persons responsible for the plans and construction of
buildings and/or other improvements on any parcel of land.
Every application, whether tentative, preliminary, final,
or minor, is 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 plot or plan, or for the
approval of a development plan.
See definition under "floodplain."
An area bounded by streets or streets and natural or man-made
features.
The elected governing body of the Lower Frederick Township;
also referred to as the "Supervisors" or the "Board."
An area within a property designed to separate the uses of
land which abut it and which functions to ease the transition between
them. Unless otherwise specified, buffers may be included as part
of the required setbacks and yard areas. Buffers may be divided into
two or more types as explained in the design standards of this chapter.
The net area of a lot, reduced by adjustment factors detailed in Chapter 170, Zoning.
[Added 4-6-2004 by Ord. No. 04-02]
A person, who is not necessarily the owner of the land or
agent of the same, who by contract or other agreement is charged with
the responsibility of construction of buildings or other structures,
or of making any construction improvements on any parcel of land.
See "applicant."
Any structure, whether built conventionally or in a manner
generally referred to as "mobile," "modular," or "manufactured," and
having enclosed walls and roof, permanently located on the land, the
ordinary use of which requires people to enter the structure.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side, and rear yard areas, and encompasses the area of the lot not
found in the yard areas and rights-of-way.
This line is parallel to the ultimate right-of-way line of
the street (or streets) on which the lot abuts, which establishes
the closest point to the street (streets) that a building may be located.
The distance between this line and the ultimate right-of-way line
shall be equal to the front yard requirement for the particular district.
Diameter of a tree's trunk measured 12 inches from the ground.
The portion of a street, alley, or driveway intended for
vehicular use.
An area of land and/or water used for recreation, resource protection, buffers, or common use and restricted for such uses for residents of a development and possibly for the general public. Common open space does not include land occupied by buildings, roads, or road right-of-way; nor does it include the yards or lots of single or multifamily dwelling units or parking areas as required by Chapter 170, Zoning. Common open space shall be left in a natural state except in the case of recreation uses, which may contain impervious surface. Such impervious surfaces shall be included in the calculation of the impervious surface ration. Also referred to as "open space."
The current, officially adopted Comprehensive Plan and all
amendments thereto, that constitutes a policy guide to decisions about
the physical, social, and economic development of the Township.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
A right-of-way for pedestrian travel across a street connecting
two blocks.
A local street with access at one end and terminating at
the other end by a paved vehicular turnaround.
The outermost edge of a cartway, equivalent to the edge of
paving where curbs are not utilized.
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in an excavation.
A storage facility for the temporary storage of stormwater
runoff.
The net area, reduced by adjustment factors detailed in Chapter 170, Zoning.
[Added 4-6-2004 by Ord. No. 04-02]
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
or land development. See "applicant."
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other paving, utilities, mining,
dredging, filling, grading, excavation, or drilling operations.
The provisions for guiding development, including a plat
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, common open space, and public facilities.
The phrase "provisions of the development plan" shall mean the written
and graphic materials referred to in this definition.
The removal of surface water or groundwater from land by
drains, grading, or other methods.
A private way providing for vehicular and pedestrian access
between a public street and a parking area within a lot or property.
A right-of-way or other right granted by a property owner
for the use of a designated part of his/her property for public, quasi-public,
or private purposes, including utilities, drainageways, and access.
Review stamp of the Montgomery County Planning Commission.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, and competent in the fields encompassed by these
regulations.
The detachment and movement of soil and rock fragments by
the action of water, ice or wind.
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated or bulldozed, as well as
the conditions resulting therefrom.
Any act by which natural materials are placed, pushed, dumped,
pulled, transported or moved to a new location above the natural surface
of the ground or on top of the stripped surface, as well as the conditions
resulting therefrom.
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared. For the purposes of this chapter, it shall be the one-hundred-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration.
BASE FLOOD ELEVATIONThe one-hundred-year-flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain, or other similarly documented areas, the one-hundred-year-flood elevation shall be established as a point on the boundary of the floodplain nearest to the construction site in question.
FEMA and FIAThe Federal Emergency Management Agency and the Federal Insurance Administration who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this chapter, it also delineates floodplain areas.
FLOOD INSURANCE STUDYThe examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this and other ordinances.
FLOODPLAINA relatively flat or low land area adjoining a stream, river, or watercourse, which is subject to partial or complete inundation during a one-hundred-year flood, or any area subject to the unusual and rapid accumulation of surface water from any source; also referred to as "flood-prone area."
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Such measures are set forth in Flood Proofing Regulations published by the Office of the Chief Engineers, U.S. Army, publication number EP 1165 2 314 (June 1972 and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the Completely Dry Spaces (W1) and Essentially Dry Spaces (W2) classes referenced in these regulations. In said publication where reference is made to "below" (or above) the "BFD" (base flood datum), it shall be interpreted as meaning below (or above) the base flood elevation.
ONE-HUNDRED-YEAR FLOODA flood that has one chance in 100, or a one-percent chance, of being equaled or exceeded in any one year. For the purposes of this chapter, the one-hundred-year flood (base flood) as defined by the Federal Insurance Administration in the Flood Insurance Study.
REGULATORY FLOOD ELEVATIONThe one-hundred-year-flood elevation plus a freeboard safety factor of one foot.
For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
Any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on a National
Register of Historic Places or a State Inventory of Historic Places.
The length of the lot line abutting a street right-of-way.
The slope of a street, parcel of land, utility lines, drainageways,
etc., specified in percent and shown on plans as required herein.
Low-growing plant materials planted in a manner to provide
continuous plant cover of the ground surface; lawn, ivy, and other
low plant materials are included. Non-plant ground cover may also
include bark or wood chips, gravel, and stone, provided they are maintained
as a continuous pervious cover.
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of the roof as further defined below:
Flat or mansard: highest point measurable;
Gable, hip, gambrel: mean height between the
eaves and ridge;
For a building with two or more roof heights,
to the higher roof;
Specialized structures which are not intended
for human occupancy and which commonly extend above maximum building
height limitations may be permitted to exceed the maximum permitted
building height, provided that the setback of such structures from
any property line is at least equal to the total height of the structure.
This provision is intended for chimneys, spires, towers, mechanical
penthouses, tanks, communication antennas, windmills, and similar
structures.
A professional certified as a registered landscape architect
by the American Society of Landscape Architects, a certified arborist
or board-certified master arborist by the International Society of
Arboriculture, a registered consulting arborist by the American Society
of Consulting Arborists, or a Pennsylvania-certified horticulturist
by the Pennsylvania Landscape and Nursery Association.
[Added 6-10-2020 by Ord. No. 2020-01]
The physical additions, installations and changes required
to render land suitable for the use proposed, including, but not limited
to, streets, curbs, sidewalks, utilities, and drainage facilities.
Land development shall mean:
The improvements of one lot or two or more contiguous
lots, tracts, or parcels of land for any purpose involving:
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
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.
A subdivision of land.
The following developments are excluded from
the "land development" definition:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium; or
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
The legal or beneficial owner or owners of land, or a building
thereon, or a portion of either, including the holder of an option
or contract to purchase (whether or not such option or contract is
subject to any condition), a lessee if he is authorized under the
lease to exercise the rights of the landowner, or other person having
proprietary interest in land, shall be deemed to be a landowner for
the purposes of the chapter.
A tract, parcel, or unit of land held by a landowner and/or
intended for use, development, lease, or transfer of ownership, and
for which a deed description is recorded or is intended to be recorded
at the office of the Recorder of Deeds for Montgomery County.
The horizontal land area of a lot, further defined as follows:
GROSS LOT AREAThe total horizontal land area lying within the lot or tract boundaries.
NET LOT AREAGross lot area minus:
A lot which conforms in all respects to the dimensional requirements
of the zoning district in which it is located, except that the only
road frontage and access is limited to an access strip. This definition
does not include the commonly used wedge-shaped lots located on a
cul-de-sac turnaround. Also known as "flag or interior lot."
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
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 without a permanent foundation.
MOBILE HOME LOTA 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 PARKA 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.
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
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 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 Chapter 170, Zoning.
The map or plan of a subdivision or land development, whether
preliminary or final.
Includes:
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with Act 247,[1] as amended.
A forum held pursuant to notice under the Act of October
15, 1998, P.L. 729, No. 93 (65 Pa.C.S.A. § 701 et seq.),
known as "Sunshine Act."[2]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
A parcel of land whose primary function is to separate a
street from adjacent properties, while not being used or capable of
being used as a building lot, open space or recreation area, or legitimate
environmental protection purposes.
Lotting which extends between two streets of differing classifications,
with vehicular access provided from the lesser street, in order to
promote traffic flow and safety on the greater street.
A strip of land over which are provided rights for various
purposes, including vehicular access and travel, storm drainage, and
utilities. Also see "street rights-of-way."
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.
The surface water runoff that can be reasonably anticipated
upon maximum development of that area of the watershed located upstream
from the subject tract, as permitted by prevailing zoning and the
Township Comprehensive Plan.
The distance of unobstructed view along the center line of
a street from the driver's eye height of 3.5 feet to the furthest
visible point six inches above the street surface.
The face of an embankment or cut section; and 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
100 feet of horizontal distance.
The process of returning soil to the static condition where
it will not slide, settle, or erode; is generally done by means of
establishing some type of groundcover.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture,
and any revision thereto.
A strip of land including the entire ultimate right-of-way,
publicly or privately owned, primarily serving as a means of vehicular
and pedestrian travel, furnishing access to abutting properties, and
which may also be used for utilities, shade trees, and stormwater
control.
Street classifications established by the American Association
of State Highway and Transportation Officials (AASHTO), which have
been adopted by the Pennsylvania Department of Transportation (PADOT)
in its design manual. Every street, road, or highway within the Township
is classified by its function as one of the following:
FREEWAYS AND LIMITED ACCESS HIGHWAYSExpressways with fully controlled access. Through traffic is given preference, with access permitted only at interchanges with selected public roads; at-grade crossing; and direct private driveway access are prohibited. The Pottstown Expressway is the only highway in the area under this classification, and there are no such highways within the Township.
ARTERIALSProvide a relatively high-speed, high-volume network for travel between major points. They are further classified into the following subclassifications, and are regulated as explained therein:
PRINCIPAL ARTERIALSCarry most trips entering or leaving an area. Routes 29 and 73 are principal arterials.
MINOR ARTERIALSInterconnect with and augment principal arterials. They accommodate trips of moderate length and emphasize access to services. No roads in the Township are classified as minor arterials.
COLLECTORSServe mainly to collect traffic from local streets and channel it to arterials. They carry moderate traffic volumes at moderate speeds. They are further divided into major and minor collector roads, but both have the same right-of-way and cartway width requirements.
MAJOR COLLECTORSServe the more important intracounty travel corridors. State Game Farm Road is the only major collector in the Township.
MINOR COLLECTORSProvide service to the remaining small communities. Delphi Road, Hendricks Road, Little Road, Main Street, Meng Road, Neiffer Road, Salford Station Road, Smith Road, Spring Mount Road, and Zieglerville Road are all classified as minor collectors.
LOCAL ROADS AND STREETSProvide access to most properties within the Township, linking them to the collector road network. They provide for travel over relatively short distances and have relatively low traffic volumes. Through traffic movement is discouraged on local roads. Local streets in the Township are all other streets not listed in one of the higher classifications. They can be further classified as follows:
RESIDENTIAL SUBDIVISION STREETSProvide vehicular access and street frontage to lots and dwellings within a residential subdivision.
NONRESIDENTIAL SUBDIVISION STREETSProvide vehicular access and street frontage for industrial or commercial lots and land uses.
MARGINAL ACCESS STREETSA street parallel or adjacent to a major street providing access to abutting properties by a cartway separated from the major streets by a reserve strip.
The dividing line between a lot and a street, identical to
the ultimate right-of-way line.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a plan is submitted.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes, according to the Ultimate Right-of-Way Map incorporated in the Lower Frederick Highway Map.[3] The ultimate right-of-way is the legal right-of-way where
it has been offered for dedication and accepted by the Township.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in this chapter.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tract, 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, devisees, transfer of ownership or building
or lot development. The subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, is exempted.
A land surveyor, licensed as such in the Commonwealth of
Pennsylvania, and competent in the skills needed to conduct the surveys,
lay out the subdivision plans and install all markers required by
the terms of this chapter.
A natural or man-made linear depression in the ground which
may be any depth or cross-sectional shape, and which has a negative
slope from one end to the other, which allows for the collection and
transportation of surface water.
Surface soils and subsurface soils which presumable are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the upper most soil layer called
the "A Horizon."
A grouping of six or more trees at least 1 1/2 inches
in caliper within a one-hundred-square-foot area.
The expected future right-of-way width computed from the
center line of an established right-of-way, as shown in the Ultimate
Right-of-Way Map of the Township adopted by the governing body as
part of the Official Map of the Township.[4]
The viewing area readily perceived by the observer, commonly
delineated by visual accents such as, but not limited to, tree lines
or ridges, geologic features, historic structures, stone walls, and
watercourses.
A barrier whose purpose is to obscure a view; generally comprised
of plant materials suitable for the purpose.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales, and rivers.
An inventory of the source, quantity, yield, and use of groundwater
and surface water resources for the whole Township or a portion of
the Township.
The line depicting the uppermost edge of wetland areas, or
the line separating the wetland areas from upland areas, as established
by a qualified professional utilizing the "Federal Manual for Identifying
and Delineating Jurisdictional Wetlands" dated January 1989, or as
revised. This delineation shall be verified by the regulatory agency
or agencies having the jurisdiction to verify said delineation.
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, in accordance
with the most current federal and state regulations. Wetlands generally
include swamps, marshes, bogs, and similar areas.
An open, generally unoccupied area of a lot which must remain
free of buildings, but which may contain lawn or planted areas, parking
and/or driveways, walks, walls, fences, easements, and similar appurtenances.
