For 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.
H.
The word "street" indicates "road" and "land."
I.
The word "watercourse" includes "drain," "ditch" and "stream."
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 physical access to and legal
road frontage for a lot, but which does not meet the minimum lot width
requirements of this chapter. Access strips provide access to rear
or interior lots.
A minor, vehicular right-of-way, publicly or privately owned,
on which no principal structures front, which serves as the secondary
means of access to two or more properties which otherwise front on
a public street; except in a conservation subdivision, where an alley
may serve as primary access to a principal structure when the structure
faces a common green.
[Amended 9-16-2009 by Ord. No. 09-9-1]
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 sketch, preliminary, or final,
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 plat or plan, or
for the approval of a development plan.
See definition under "floodplain."
The area of a tract outside public and private rights-of-way,
access easements, or access strips.
[Added 9-16-2009 by Ord. No. 09-9-1]
A unit of land bounded by streets or by a combination of
natural or man-made features.
The elected governing body of Marlborough Township; also
referred to as "the Supervisors" or "the Board."
An area designed and functioning to separate the elements
and uses of land which abut it and 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.
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 having a roof supported by columns or walls
designed and intended for shelter, habitation, storage, and the like.
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.
The line 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 (or 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.
Caliper of the trunk is a diameter measurement taken six
inches above the ground up to and including four-inch caliper size,
and 12 inches above the ground for larger sizes. Caliper of trees
is a standard measurement used in the grading of nursery stock.
The portion of a street, alley, or driveway intended for
vehicular use, typically paved.
All the real property and improvements, including without
limitation, landscaped areas, buffers, greenway land not included
within title lines of any privately owned lot, street rights-of-way
not dedicated to Marlborough Township, owned in common by residents
within the development which is served by the facilities.
[Added 9-16-2009 by Ord. No. 09-9-1]
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 rights-of way; nor does it include the yards or lots of single or multifamily dwelling units or parking areas as required by Chapter 275, 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 ratio.
A nonprofit organization comprised of homeowners or property
owners, the function of which is to maintain and administer property
owned in common by members of the association or by the association,
to protect and enhance the value of the property owned individually
by each of the members. Homeowners' associations and condominium
associations are types of community associations.
[Added 9-16-2009 by Ord. No. 09-9-1]
The Marlborough Township Comprehensive Plan and amendments
thereto, including maps, charts, and/or descriptive matter officially
adopted by the Township Planning Commission and Township Supervisors,
intended to express the policies that guide future development of
the municipality, including all elements required by the Pennsylvania
Municipalities Planning Code.[1]
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those separate portions. All or a portion of the exterior common open space or greenway land and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., as amended, and in accordance with the provisions for open space, greenway land, roads or other development features in this chapter and Chapter 275, Zoning.
[Added 9-16-2009 by Ord. No. 09-9-1]
Lands upon which primary resources are located. All primary
conservation areas are located within greenway lands.
[Added 9-16-2009 by Ord. No. 09-9-1]
Lands containing secondary resources that are conserved as
a part of greenway land.
[Added 9-16-2009 by Ord. No. 09-9-1]
A large, privately owned and maintained lot, often containing
an existing dwelling, farm complex, or historic structure, comprising
part of the required greenway land in a conservation subdivision.
[Added 9-16-2009 by Ord. No. 09-9-1]
A residential subdivision that preserves at least 50% of
the buildable land on a tract, plus floodplain, wetlands and steep
slopes, as greenway land.
[Added 9-16-2009 by Ord. No. 09-9-1]
The area of land resulting from a calculation that subtracts from the base tract area the acreage sum of certain features on the land, each of which is multiplied by a density factor set forth in Chapter 275, Zoning. The constrained land calculation does not include area inside any public right-of-way or access easement.
[Added 9-16-2009 by Ord. No. 09-9-1]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile or manufactured 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 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.
Diameter at breast height; a measure of trunk diameter in
inches, taken at 4 1/2 feet above the ground. The measured section
should be unbranched and representative of the typical age of the
tree species. Dbh measurement is applied to existing trees (compared
to caliper used for nursery stock).
The maximum number of dwellings per acre permitted on a tract.
[Added 9-16-2009 by Ord. No. 09-9-1]
A facility for the temporary storage of stormwater runoff.
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, drilling operations, or storage of materials
or equipment.
[Amended 12-9-1996 by Ord. No. 96-9]
The provisions for guiding development, including 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, parking facilities, ways, 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 natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
A private way providing for vehicular and pedestrian access
between a public street and a parking area within a lot or property.
In a conservation subdivision, a second dwelling unit permitted
on a single lot. The ADU is subordinate to and smaller than the principal
dwelling unit. See also "accessory structure or building."
[Added 9-16-2009 by Ord. No. 09-9-1]
The primary dwelling unit on a single-family detached residential
lot.
[Added 9-16-2009 by Ord. No. 09-9-1]
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.
A natural woodland area that may have an exemplary forest
plant community or support a rare or endangered species. Woodland
sites listed in "A Natural Areas Inventory of Montgomery County Pennsylvania,"
in the Pennsylvania Natural Diversity Index (PNDI), along steep slopes
and/or riparian corridors would be considered ecologically significant
woodland.
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 fragment 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.
Structural features, which may or may not be deemed historic,
including but not limited to dwellings, agricultural buildings, outbuildings,
fences, gates, stone walls, cemeteries, mileposts, man-made ponds
and dams. Scenic views are also cultural features.
[Added 9-16-2009 by Ord. No. 09-9-1]
Nonstructural elements of the landscape, including but not
limited to floodplain, wetlands, steep slopes, rock outcrops, woodland,
forest, individual trees, animal habitat, plant or animal endangered
species, meadow, field, pasture and cropland.
[Added 9-16-2009 by Ord. No. 09-9-1]
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 (FEMA) and the Federal Insurance Administration (FIA) which 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) is as defined by the Federal Insurance Administration in the Flood Insurance Study.
[Amended 12-9-1996 by Ord. No. 96-9]
REGULATORY FLOOD ELEVATIONThe one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
[Amended 12-9-1996 by Ord. No. 96-9]
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.
An area of greenway land, surrounded by streets on at least
two and often three or four sides, around which dwellings are organized.
[Added 9-16-2009 by Ord. No. 09-9-1]
A parcel or parcels of land and/or water within a conservation
subdivision or land development set aside for the protection of natural
and cultural resources. It is also intended for the use and enjoyment
by the residents of such development and possibly the general public.
Greenway land is substantially free of structures, but may contain
such improvements as are in the finally approved development plan,
and does not include individually owned private yards, except in the
case of approved conservancy lots. Greenway land may be a combination
of natural or naturalized areas (such as the municipal greenway network
and rural trails) and more manicured areas (such as common greens,
squares, parks and playing fields). Greenway land is permanently restricted
against further development. The terms "greenway" and "greenway land"
are synonymous.
[Added 9-16-2009 by Ord. No. 09-9-1]
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.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak).
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;
Residential chimneys, mechanical penthouses, and similar projections
not intended for human occupancy shall be excluded.
Any structure or site that is listed in the Marlborough Township
Open Space Plan or Historic Inventory or the Upper Perkiomen Regional
Comprehensive Plan as historic.
[Added 9-16-2009 by Ord. No. 09-9-1]
Any structure that is:
[Added 12-9-1996 by Ord. No. 96-9]
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A nonprofit organization comprised of homeowners or property
owners, planned and operated under negotiated and approved rules and
regulations, for the purpose of administering the needs of residents
through the maintenance of community-owned property. See "community
association."
[Added 9-16-2009 by Ord. No. 09-9-1]
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.
Predominantly nonnative, tree, shrub, vine, or herbaceous
species that grow or reproduce aggressively, usually because they
have few or no natural predators, and which can so dominate that they
out-compete native plant species. Invasive plant species shall be
those listed on the Pennsylvania Department of Conservation and Natural
Resources Invasive Plants in Pennsylvania, as amended.
[Added 9-16-2009 by Ord. No. 09-9-1]
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.
Any activity which exposes soils alters topography and/or
alters woody vegetation, except for removal of a safety hazard, diseased
trees, or invasive vegetation.
[Added 9-16-2009 by Ord. No. 09-9-1]
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.
[2]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 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 "rear" or "interior lot."
Lots developed under any zoning district other than the Conservation
Subdivision Overlay District.
[Added 9-16-2009 by Ord. No. 09-9-1]
Any tree of six inches or more in dbh, whether standing alone,
in tree masses, or woodlands. A mature tree shall be a healthy specimen
and shall be a desirable species, as determined by a registered landscape
architect.
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 erections 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 275, Zoning.
An informal plan submitted to the Township for discussion
prior to formal preliminary plan submittal. Engineering on sketch
plans is limited to that required to convey the development concept.
Sketch plans are not formally approved and vest no rights for the
applicant.
[Added 9-16-2009 by Ord. No. 09-9-1]
The map or plan of a subdivision or land development, whether
preliminary or final.
See "conservation area, primary."
[Added 9-16-2009 by Ord. No. 09-9-1]
Includes:
A formal meeting held pursuant to public notice by the governing
body, planning commission or other municipal agency, intended to inform
and obtain public comment, prior to taking action in accordance with
Act 247, as amended.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 338, No. 84), known as "Sunshine Act."[3]
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.
Recreation activities, including the facilities for such
activities, that are usually rigorously athletic and not quiet, and
have a noticeable impact on the surrounding neighborhood and environment.
Active recreation may include, but is not limited to, individual or
team sports, child's play, larger picnics, playgrounds over 8,000
square feet, ball courts, swimming pools, motorized boating, and recreational
events with a large number of participants and/or spectators.
[Added 9-16-2009 by Ord. No. 09-9-1]
Recreation activities, including the facilities for such
activities, that are usually quiet and not rigorously athletic, and
have a low impact on the surrounding environment. Passive recreation
may include, but is not limited to, trails and paths for pedestrians
and bicycles, nonmotorized boating, fishing, bird watching, tot lots
up to 8,000 square feet and quiet picnicking.
[Added 9-16-2009 by Ord. No. 09-9-1]
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.
Resources consisting of one-hundred-year floodplain (including
the floodway), wetlands and prohibitive steep slopes (above 25%).
In conservation subdivision, all lands containing primary resources
are called "primary conservation areas."
[Added 9-16-2009 by Ord. No. 09-9-1]
Natural or cultural features outside primary conservation areas that are worthy of conservation by inclusion in greenway land. See a prioritized list of such features in § 215-81A(2) of this chapter. Lands containing secondary resources that are conserved are called "secondary conservation areas."
[Added 9-16-2009 by Ord. No. 09-9-1]
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.
See "conservation area, secondary."
[Added 9-16-2009 by Ord. No. 09-9-1]
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity. Once this matter is
deposited or remains suspended in water, it is usually referred to
as "sediment."
A woody plant, usually with multiple stems, each of which
has a dbh of less than three inches. Shrubs are generally less than
20 feet tall at maturity.
The distance of unobstructed view along the center line of
a street from the driver's eye-height of 3.5 feet to the farthest
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.
[Added 9-16-2009 by Ord. No. 09-9-1]
Areas of natural land of 3,000 square feet or greater where
the grade is 15% or greater; these areas do not include man-made slopes.
Steep slopes are divided into two categories:
Slope shall be measured as the change in elevation over the
horizontal distance between consecutive contour lines. Slope shall
be measured over three two-foot contour intervals (six cumulative
vertical feet of slope). All slope measurements shall be determined
by a topographic survey signed and sealed by a registered surveyor
or engineer licensed to practice in Pennsylvania.
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 ground cover.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture,
and any revision thereto.
Vegetation that is a unique, rare, or otherwise specifically
selected tree or plant considered worthy of conservation by the municipality
because of its species, size, age, shape, form, historical importance,
or any other significant characteristics, including listing as a Species
of Special Concern by the Commonwealth of Pennsylvania. Examples of
what constitutes specimen trees are shown in the following table,
which is not considered all-inclusive. All healthy, noninvasive trees
not listed below, over 24 inches' diameter at breast height (dbh),
are considered specimen.
[Amended 9-16-2009 by Ord. No. 09-9-1]
|
Potential Specimen Trees
| |||
|---|---|---|---|
|
Species
|
Minimum Size
(inches dbh)
| ||
|
Ash
|
32
| ||
|
Beech
|
32
| ||
|
Cherry
|
24
| ||
|
Elm
|
30
| ||
|
Hemlock
|
30
| ||
|
Locust
|
30
| ||
|
Maple
|
32
| ||
|
Oak
|
32
| ||
|
Osage orange
|
20
| ||
|
Pine
|
30
| ||
|
Sassafras
|
20
| ||
|
Spruce
|
30
| ||
|
Sycamore
|
36
| ||
|
Tulip tree
|
36
| ||
|
Walnut
|
30
| ||
|
Hickory
|
32
| ||
A strip of land including the entire ultimate right-of-way,
publicly owned, primarily serving as a means of vehicular and pedestrian
travel, furnishing access to two or more abutting properties, and
which may also be used for utilities, shade trees, and stormwater
control. It includes, but is not limited to, street, avenue, boulevard,
road, highway, freeway, parkway, lane alley, viaduct.
Street classifications established by the American Association
of State Highway and Transportation Officials (AASHTO), which have
been adopted by the Pennsylvania Department of Transportation (PennDOT)
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.
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 63 are principal arterials.
MINOR ARTERIALSInterconnect with and augment principal arterials. They accommodate trips of moderate length and emphasize access to services.
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.
MINOR COLLECTORSProvide service to the remaining small communities.
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 the outside boundary
or ultimate right-of-way line of a public street, road, or highway
legally opened or officially plotted or between a lot and an existing
privately owned street, road, or way over which the owners or tenants
of two or more lots, each held in single and separate ownership, have
the right-of-way.
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, as shown on the Ultimate Right-of-Way Map of the Township adopted by the governing body as part of the Official Map of the Township. 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 form or arrangement of building material involving the
necessity of providing proper support, bracing, typing, anchoring,
or other protection against the forces of the elements.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership, or building
or lot development. Provided, however, that the subdivision 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, shall be exempted.
[Amended 1-11-1999 by Ord. No. 99-3]
MAJOR SUBDIVISIONAll subdivisions, not classified as minor subdivisions, including, but not limited to, subdivisions of four or more lots, or any size subdivision requiring any new street or road, extension of utility lines or municipal facilities, or the construction of public improvements.
MINOR SUBDIVISIONAny subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, the extension of utility lines or municipal facilities, or the construction of public improvements, not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Zoning Map, Chapter 275, Zoning, or other pertinent regulations. Minor subdivisions are regulated by § 215-21 of this chapter, and include lot line adjustments and simple conveyances, as defined herein.
LOT LINE ADJUSTMENTThe realignment or relocation of a lot line between two abutting, existing, legally approved and recorded lots. The reasons for lot line adjustments include:
Correcting errors regarding location of existing improvements
(e.g., the driveway for lot number 1 is located on lot number 2);
Relating the line to definitive physical characteristics (e.g.,
to adjust the line to run along an existing hedgerow); and
Preferences of the landowners involved.
SIMPLE CONVEYANCEThe transfer of ownership of a portion of one lot to the owner of the abutting lot, where there are two abutting, existing, legally approved and recorded lots.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 12-9-1996 by Ord. No. 96-9]
Any repair, reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
substantial damage, as defined herein, regardless of the actual repair
work performed. The term does not, however, include either:
[Amended 12-9-1996 by Ord. No. 96-9]
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
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.
The scene terminating the view down a road or street, as
at a "T" intersection or on the outside of a curve.
[Added 9-16-2009 by Ord. No. 09-9-1]
Surface soils and subsurface soils which presumably 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."
The uprooting or removal of more than four trees per acre
from any lot for the purpose of allowing or encouraging the natural
regeneration or preservation of a tree stand on a lot which has a
gross area prior to any subdivision or land development of more than
three acres and which is undertaken in compliance with an approved
woodland management plan.
A grouping or three or more trees, with average six inches'
dbh minimum.
The dividing line between a lot and the outside limit of
the ultimate right-of-way of a public street. Identical with street
line. (See "street rights-of-way.")
The viewing area readily perceived by the observer, commonly
delineated by visual accents such as, but not limited to, treelines
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.
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.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales, and rivers.
Those areas that are inundated or saturated by surface water
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.
The line depicting the uppermost edge of a 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.
Any activity that: alters the existing structure of a woodland
or hedgerow, including the cutting or removal of canopy trees, subcanopy
trees, understory shrubs and vines, and herbaceous woodland floor
species; constitutes a land disturbance within a woodland or hedgerow.
"Woodland disturbance" does not include the selective cutting or removal
of invasive plant species. (See "invasive plant species.")
[Added 9-16-2009 by Ord. No. 09-9-1]
A tree mass or plant community in which tree species are
dominant or co-dominant and the branches of the trees form a complete,
or nearly complete, aerial canopy. Any area, grove, or stand of mature
or largely mature trees (larger than six inches' dbh) covering an
area of 1/4 acre or more, or consisting of 10 individual trees larger
than six inches' dbh, shall be considered a woodland. The extent of
any woodland plant community or any part thereof shall be measured
from the outermost dripline of all the trees in the plant community.
[Amended 9-16-2009 by Ord. No. 09-9-1]
A description, by means of text and maps, of proposed actions
involving the removal of trees from a tract of land. Such a plan shall
have been prepared by a licensed professional with demonstrable expertise
in forest management, and shall document measures to be taken to:
protect water quality; minimize impacts from skid trails and logging
roads, land areas, and the tree removal process; and ensure site restoration.
The area(s) of a lot which must remain free of buildings
and may be used as lawn or planted areas, parking and/or driveways,
walks, walls, fences, easements, and similar appurtenances.
