[Ord. No. 342, 1/17/1990, § 200]
1.
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.
[Ord. No. 342, 1/17/1990, § 201; as amended by
Ord. No. 374, 11/17/1993, §§ 2, 3]
Words and terms used in this chapter shall have the meanings
given in this Part. 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 privately owned right-of-way, on which no new dwellings,
stores, or other principal buildings are intended to front, serving
as the secondary means of access to two or more properties.
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 or developer or agent
of the landowner, who has filed an application for a stormwater management
permit.
See definition under "floodplain."
An area bounded by streets or streets and natural or man-made
features.
The elected governing body of the Borough of Hatfield; also
referred to as "Council."
An area 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.
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.
The portion of a street, alley, or driveway intended for
vehicular use.
A parcel or parcels of land, or a combination of land and
water within a development site designed and intended for the use
or enjoyment of residents of a development not including streets,
off-street parking areas and areas set aside for public facilities.
Also referred to as "open space." May be public or private.
The current, officially adopted Comprehensive Plan for the
Borough and all amendments thereto.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
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.
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.
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 plan
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 turnoff.
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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and competent in the fields encompassed by these regulations.
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.
YEAR FLOODD — A flood that has one chance in one hundred or a 1% chance of being equaled or exceeded in any one year. For the purposes of this chapter, the 100-year flood (base flood) as defined by the Federal Insurance Administration in the Flood Insurance Study.
BASEA flood, the flood which has been selected to serve as the basis upon which the flood plain management provisions of this and other ordinances have been prepared. For the purposes of this chapter, it shall be the 100-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 100-year flood elevation as referenced in the Flood Insurance Study. Within the approximated flood plain, alluvial soils flood plain, or other similarly documented areas, the 100-year flood elevation shall be established as a point on the boundary of the flood really 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 chapter 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 100-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 Floodproofing Regulations published by the Office of the Chief Engineers, U.S. Army, publication number EP 1165 2314 (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.
REGULATORY FLOOD ELEVATIONThe 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
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 dimension of the structure.
The term does not, however, include:
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.
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. Nonplant 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: highest point measurable.
Mansard: deckline.
Gable, hip gambrel: height between the eaves and ridge.
For a building with two or more roof heights: to the higher
roof.
Chimneys, spires, towers, mechanical penthouses, tanks and similar
projections not intended for human occupancy shall be excluded.
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.
A structure designed to direct runoff into the ground, (e.g.,
French drains, seepage pits, seepage trench).
Land development shall mean any of the following activities:
The improvement 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.
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.
Land development as defined herein shall not include the addition
of an accessory building subordinate to an existing principal building
on a lot or lots.
A subdivision of land.
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.
A contiguous 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 the area lying between the street center line and the ultimate right-of-way or equivalent right-of-way line.
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.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the placement thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designed 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.
The planning agency created by the Borough Council in accordance
with Article II, "Planning Agencies," of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10201 et seq. If a Borough Planning
Commission is not created, then the Borough Council may assign the
powers and duties of the Borough Planning Commission to a Planning
Committee comprised of members appointed from the Borough Council,
in which case all references herein to the Borough Planning Commission
shall refer to the Planning Committee.
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."
A surface such as stone, rock, concrete or other material
which prevents some percolation of water into the ground.
The instance along the center line of a street from the driver's
eye height of 3 1/4 feet to the furthest visible point six inches
above the street surface.
A method of runoff computation developed by SCS which is
based upon relating soil type and land use/cover to a runoff parameter
called a curve number.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture.
A system of pipes or other conduits which carries intercepted
surface runoff, street water and other waters, or drainage, but excludes
domestic sewage and industrial wastes.
The plan for managing runoff adopted by Montgomery County
for the Neshaminy Creek Watershed as required by the Act of October
4, 1978, P.L. 864 (Act 167), and known as the "Stormwater Management
Act," 32 P.S. § 680.1 et seq.
A public or private right-of-way serving primarily 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.
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. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Borough.
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, tying, anchoring,
or other protection against the forces of the elements. Also see "building"
definition.
The smallest unit of watershed breakdown for hydrologic modeling
purposes for which the runoff control criteria have been established
in the Neshaminy Creek Watershed Stormwater Management Plan.
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 residential
dwellings, shall be 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.
The dividing line between a lot and the outside limit of
a street ultimate right-of-way.
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 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, and similar appurtenances.
