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.
ACCELERATED EROSIONThe removal of the surface of the land through the combination of man's activities and natural processes at a rate greater than would occur from natural processes alone.
ACCELERATION LANEThe portion of a roadway adjoining the traffic lane constructed for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can safely merge with traffic.
ACCEPTED ENGINEERING PRACTICEThat which conforms to accepted principles, tests or standards of nationally recognized technical, scientific, and/or engineering authorities.
ACCESSORY STRUCTURE OR BUILDINGA structure or building detached from a principal building on the same lot and customarily incidental and subordinate to the principal building.
ACCESS STRIPA piece of land which provides physical access to, and legal road frontage for a lot, but which does not comply with the minimum lot width regulations of this chapter. Access strips provide access to flag, rear or interior lots.
ACT 247The Municipalities Planning Code of July 31, 1968, 53 P.S. § 10101 et seq., as amended from time to time.
AISLEThe traveled way by which cars enter and depart parking spaces.
APPLICANTA person who has filed an application for approval of subdivision, land development plan, variance, special exception or conditional use, including his/her heirs, successors, agents and assigns. The term also includes landowner, developer, builder and/or other persons responsible for the plans and construction or building or other improvements on any parcel of land.
APPLICATION FOR SUBDIVISION OR LAND DEVELOPMENTEvery application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plan, or for the approval of development plan.
AUTHORITYA public organization created pursuant to the Municipality Authorities Act of 1945, P.L. 382, No. 164, 53 P.S. § 301 et seq.
AVERAGE VEHICLE OCCUPANCYA numerical value calculated by dividing the number of employees scheduled to start work between the hours of 6:00 a.m. and 10:00 a.m. by the number of vehicles arriving between those hours.
BLOCKA unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to development.
BONDAny form of surety bond in an amount and form satisfactory to Borough Council. All bonds shall be approved by Borough Council whenever a bond is required by regulations.
BUFFERAn 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, "buffer" may be included as part of the required setbacks and yard areas.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. (Also see "accessory structure" and "principal building.")
BUILDING ENVELOPEThe 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.
CALIPERTree diameter measured at a depth of breast height (dbh).
CAPITAL IMPROVEMENT PLANA plan setting forth, by category of public facility, those public improvements and that portion of their costs that are attributable to servicing new development within a designated service area for such public facilities over a period of specified years.
CARTWAYThe paved portion of a street or highway designed for vehicular traffic.
COMMON OPEN SPACEA parcel or parcels of land within a development site designed and intended for the use or enjoyment of the residents of the development, not including streets, off-street parking areas and areas set aside for public facilities. Common open space shall not be part of individual residential lots, and shall be substantially free of structures but may contain such recreational facilities for residents as are shown in the approved development plan.
COMPREHENSIVE PLANThe Comprehensive Plan and amendments thereto, including maps, charts, and/or descriptive matter officially adopted by the Borough Planning Commission and Borough Council, indicating recommendations for the continuing development of the municipality and including all elements required by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
CONCURRENCYThe requirement that development applications demonstrate that adequate public services be available at prescribed levels of service concurrent with the impact or occupancy of the developed property.
CONDOMINIUMReal 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 portions, created under either the Pennsylvania Unit Property Act of July 3, 1963, 68 P.S. § 700.101 et seq., or the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.
CONTIGUOUSSharing a boundary for purposes of this chapter, properties on opposite sides of a public right-of-way shall not be considered contiguous.
CROSSWALKA right-of-way for pedestrian travel across a street connecting two blocks.
CULVERTA drain, ditch, or conduit not incorporated in a closed system, that carries drainage water under a driveway, roadway, or paved area.
CURBLINEA line formed by the face of the existing curb or in its absence, the outer edge of the shoulder, along which a curb would be other wise located.
CURB RETURNThe connecting link between a street curb and the curb of a driveway.
CUT RETURNAn 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.
DE MINIMUS IMPROVEMENTSNonresidential property improvements which would, by their use, require less than five parking spaces with a maximum footprint of the addition being less than 1,000 square feet.
DESIGN STORMThe magnitude of precipitation from a storm event measured in probability of occurrence (i.e., a fifty-year storm) and duration (24 hour storm) and used in computing stormwater control devices.
DEVELOPERAny 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.
DEVELOPMENTAny man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, streets and other paving, utilities, mining, dredging, filling, grading, excavation, or drilling operations.
DEVELOPMENT PLANThe 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.
DRAINAGEThe natural or man-made features of land that are specifically designed to store or carry surface water runoff.
DRIVEWAYA private way providing for vehicular access between a public street and a parking area within a lot or property.
DWELLING UNITOne or more rooms designed, occupied or intended for occupancy as a separate living quarter with cooking, sleeping and sanitary facilities provided in the dwelling unit for the exclusive use of a single family maintaining a household.
EASEMENTA vested or acquired right to use land other than as a tenant, for a specific purpose, such right being held by someone other than the owner who holds title to the land.
ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, and competent in the profession encompassed by these regulations.
EQUIVALENT DEVELOPMENT UNITA standardized measurement of the consumption, use or generation equivalent to that of a new single-family residential development unit.
ESCROWA deposit of cash with the Borough or escrow agent to secure the promise to perform some future act.
EXCAVATIONAny act by which natural materials are dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, as well as the conditions resulting therefrom.
FILLAny 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.
FLOODPLAIN RELATED TERMSA. 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.
B. 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.
C. COMPLETELY DRY SPACESpace which will remain totally dry during flooding; the structure is designed and constructed to permit the passage of water and water vapor.
D. ESSENTIALLY DRY SPACEA space which will remain dry during flooding; except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
E. 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.
F. FLOODA temporary condition of partial or complete inundation of normally dry land areas.
G. 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.
H. 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.
I. 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.
J. FLOODPLAIN DISTRICTSThose floodplain districts specifically designated in this chapter as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), Flood-Fringe District (FF) and General Floodplain District (FA).
K. FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
L. 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, United States 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 (WI) 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.
M. FLOODWAYThe channel of a river or other watercourse and the adjacent land area required to carry and discharge a flood of the one-hundred-year magnitude as specifically defined in this chapter.
N. OBSTRUCTIONAny 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 designated floodplain district 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.
O. ONE-HUNDRED-YEAR FLOODA flood that has one chance in 100 or a 1% 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.
Q. (1) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged, and is being restored, before the damage occurred.
(2) 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:
(a) 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
(b) Any alteration of a structure listed on a National Register of Historic Places or a state inventory of historic places.
FRONTAGEThat side of a lot abutting on a street or right-of-way and ordinarily regarded as the front of the lot, but it should not be considered the ordinary side of a corner lot, or rear of a double frontage lot.
GRADEThe slope of a street, parcel of land, utility lines, drainageways, etc., specified in percent and shown on plans as required herein.
GROUND COVERLow 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.
GUARANTEE, MAINTENANCEAny security which may be required from the developer by the Borough after final acceptance by the Borough of improvements installed by the developer. Such security may include irrevocable letter of credit, escrow account or surety bond with a bonding company or commonwealth or federally chartered financial institution.
GUARANTEE, PERFORMANCEAny security which may be required from the developer by the Borough in lieu of the requirement that certain improvements be made before the Borough approves a developer's subdivision or land development plan. Such security may include irrevocable letter of credit, escrow account or surety bond with a bonding company or commonwealth or federally chartered financial institution.
HEIGHT OF BUILDINGThe vertical distance measured from the average elevation of the existing grade at the location of the building to the highest point of a flat or multilevel roof or, for gable, hip or gambrel roofs to the mean height between the eaves and ridge. Chimneys, spires, towers, mechanical penthouses, tanks, and similar projections not intended for human occupancy shall be excluded.
IMPACT FEEA fee imposed on new development to help finance the cost of new improvements or services. Impact fees do not include the dedication of rights-of-way or easements for such new facilities or construction of such improvements.
IMPERVIOUS SURFACEThose surfaces which are covered in any way so as not to allow the ground beneath to absorb water at a natural rate, including, but not limited to, buildings, walks, roofs, swimming pools, man-made ponds, and paved or stoned areas.
[Amended 7-9-2014 by Ord. No. 569]
IMPOUNDMENTA body of water, such as a pond, confined by dam, dike, floodgate or other barrier.
IMPROVEMENTSThe physical additions, installations and changes required to render land suitable for the use proposed, including streets, curbs, sidewalks, utilities, and drainage facilities.
IMPROVEMENTS, ON-SITEImprovements, including but not limited to those contained in the definition of "improvements," that are constructed on the applicant's property or along the road frontage of the tract being developed up to the center line of the road.
IMPROVEMENTS, PUBLICImprovements, including but not limited to those contained in the definition of "improvements," that are intended for dedication to the Borough, or other municipal body or authority, either in fee or in easement.
INDIVIDUAL SEWAGE DISPOSAL SYSTEMSA septic tank and drainage field or other type of sewage disposal system located on a single lot and serving one equivalent development unit.
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(1) 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
(2) 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.
C. Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(1.1).
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having proprietary interest in land.
LOTA 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 the Recorder of Deeds for Montgomery County.
LOT AREA, BUILDABLENet lot area contained by the building line, minus the area of any land in a floodplain conservation district, in a steep slope conservation district, or in a wetlands areas.
LOT AREA, GROSSCalculated land area contained within the deeded boundaries of a lot.
LOT AREA, NETGross lot area minus areas of public and private rights-of-way, easements, ultimate rights-of-way and access strips for flag lots.
LOT, CORNERA lot having contiguous frontage on two or more intersecting roads. The yard setback for each road frontage shall be the front yard setback for the district in which the lot is located.
LOT, FLAGA lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow private right-of-way.
LOT LINEAny property boundary line of a lot, further defined as follows:
A. Front lot line is the line identical with the street ultimate right-of-way line (also known as "street line").
B. Rear lot line is the line or lines most nearly parallel or concentric to the front lot line.
C. Side lot lines are the lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable. The remaining line shall be considered the rear lot line.
D. A lot which fronts on more than one street shall have a front lot line on each street frontage.
LOT WIDTHThe horizontal distance between side lot lines, measured at the building line, parallel or concentric to the ultimate right-of-way line. For a corner lot, lot width shall be measured parallel or concentric to the ultimate right-of-way line of the higher classification of street, where applicable.
MATURE TREEAny tree of six inches or more in caliper, whether standing alone or in a tree mass or woodlands. A mature tree shall be a desirable species as determined by the Shade Tree Commission or landscape architect.
MOBILE HOMEA transportable single-family dwelling intended for permanent occupancy in one unit or two units designed to joined into an integral unit, which arrives at the 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 mobile home need not meet local building codes, but shall meet the standards of the United States Department of Housing and Urban Development, as indicated in the Structural Engineering Bulletin(s) which shall be provided to the Borough by the applicant.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or mobile home lots for the placement of mobile homes.
MODULAR HOMEA single-family dwelling unit for permanent occupancy, made by assembling one or more factory produced, three-dimensional sections into one integral building, not capable of easily being separated for repeated towing, whose construction materials must conform to those of conventionally built units, as required by the Borough's Building Code, and must be placed on a permanent foundation. A copy of the Structural Engineering Bulletin(s) must be provided to the Borough Council, indicating approval of the dwelling or its components by the United States Department of Housing and Urban Development.
MONUMENTA tapered, permanent survey reference point of stone or concrete having a top four inches on each side and a length of 24 inches.
OFF-SITELocated out side the boundary lines of the lot or tract which is being subdivided or developed but within the right-of-way of a contiguous street.
OFFICIAL MAPThe map adopted by Borough Council pursuant to Article
IV of the Municipalities Planning Code, 53 P.S. § 10401 et seq.
OPEN SPACEPublic or private lands designated for the use and enjoyment of residents of a development and/or the general public, incorporating natural features such as woodlands, streams, or meadows, and including state, county or Borough parks, trails and other recreational facilities. Also includes "common open space" as defined above, and other private lands which are available for the use of Borough residents (i.e., through access easements). (See "common open space.")
PATHWAYA designated land corridor containing a route designed for nonmotorized travel that connects local facilities, neighborhoods, commercial districts, etc., to a larger trail or sidewalk network. Sidewalks are not considered pathways.
PEAK DISCHARGEThe maximum rate of flow of stormwater runoff at given point and time resulting from a particular magnitude storm.
PERCOLATION TESTOne of the tests required to identify a suitable area for the location of an on-site septic system. The test measures the ability of the soil to absorb water.
PLANA graphic representation of a proposal for subdivision and/or land development, including necessary written notes.
PLATThe map or plan or a subdivision or land development, whether preliminary or final.
PRINCIPAL BUILDINGA building which is considered the principal use of the lot on which it is located.
PRINCIPAL USEThe single dominant use or single main use on a lot.
PUBLIC HEARINGA 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 the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
PUBLIC MEETINGA forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act." ("... any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency, held for the purpose of deliberating agency business or taking official action.")
PUBLIC NOTICENotice of a public hearing published in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and particular nature of the matter to be considered at the hearing. The publication of a public notice shall be in accordance with the Pennsylvania Municipalities Planning Code, as last amended, 53 P.S. § 10101 et seq.
RELEASE RATEThe level of control of the postdevelopment peak rate of runoff to be achieved for a particular site, expressed as a percentage of the predevelopment peak rate of runoff.
RESERVE STRIPA 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.
REVERSE FRONTAGE LOTTINGLotting 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.
RIGHT-OF-WAYA strip of land over which are provided rights for various purposes, including vehicular access and travel, storm drainage, and utilities. Also see "street right-of-way."
RIPARIAN BUFFERA permanent area of trees and shrubs located adjacent to streams, lakes, ponds and wetlands.
[Added 9-7-2022 by Ord. No. 613]
SECURITYA letter of credit, surety bond, or cash escrow provided by the applicant to secure its promises regarding public improvements associated with an approved subdivision or land development.
SEWAGE ENFORCEMENT OFFICERA licensed employee of the Montgomery County Health Department who issues permits, reviews permit applications, and sewage facilities planning modules, and conducts inspections and investigations necessary to implement the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., and regulations promulgated under it.
SEWAGE FACILITIES PLANA comprehensive plan for the provision of adequate sewage facilities which was adopted by Borough Council and approved by the Department of Environmental Protection.
SEWAGE FACILITIES PLANNING MODULECompleted forms submitted to the Sewage Enforcement Officer and PADEP for the purposes of revising the sewage facilities plan resulting from a proposed land development or subdivision.
SIGHT DISTANCE, STOPPINGThe 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.
SIGHT TRIANGLEA triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the site distance of motorists entering or leaving the intersection.
SPECIMEN TREEAny tree with a caliper that is 75% or more of the record tree of the same species in the Commonwealth of Pennsylvania Soil Survey. The Montgomery County Soil Survey, latest edition, prepared by the Natural Resources Conservation Service of the United States Department of Agriculture.
STORMWATER BASINA structure which provides for the storage and slow release of stormwater runoff during and after a storm. Referred to as a sediment, retention or detention basin.
A. WET BASINAn impoundment basin designed to retain stormwater runoff within a permanent pool of water or existing pond.
B. DRY BASINA naturalized impoundment basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.
STREET LINEA line identical to the ultimate right-of-way line.
STREET or ROADA 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. Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians.
A. ARTERIALA street serving a large volume of comparatively high speed and long distance traffic.
(1) PRINCIPALAn arterial serving the heaviest volumes of traffic in municipality, providing the highest degree of vehicular mobility and involving controls on access.
(2) MINORAn arterial serving high volumes, providing a high degree of mobility, and some limits on access.
B. COLLECTORA street designed and located to provide a means to accommodate traffic between neighboring communities and to interconnect arterial streets with local roads.
(1) MAJORA collector serving moderate levels of traffic within the municipality, providing a mix of mobility and access and linking adjacent communities.
(2) MINORA collector serving lower amounts of traffic, providing relatively more access than mobility, and serving as a major road through identifiable neighborhoods.
C. LOCAL ROADA road intended to provide access to other roads from individual properties.
D. CUL-DE-SAC STREETA local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic.
E. PRIVATE STREETA local street, serving abutting lots that is not offered or required to be offered for dedication.
F. ALLEYA public or 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 whose principal frontage is some other street.
G. MARGINAL ACCESS STREETA street parallel to and adjacent to a collector or arterial street which provides access to abutting properties and separation from traffic.
STREET RIGHT-OF-WAYRights-of-way for street purposes are defined as follows:
A. LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a development plan is submitted.
B. 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 Comprehensive Plan. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Borough.
STRUCTUREAny thing built, constructed, or erected which requires location on the ground or attachment to something located on the ground.
SUBDIVISIONThe 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 devisee, 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.
SURVEYORA 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.
TOPSOILThe original upper layer of soil material to a depth of six inches which is usually darker and richer than subsoil.
TRAFFIC IMPACT STUDYA technical evaluation of the traffic impacts associated with a proposed subdivision or land development. Criteria for a traffic impact study are contained in §
600-59.
TRAILA designated land corridor containing an improved route designed for nonmotorized travel that provides recreational, aesthetic, alternate transportation, or education opportunities for all ages and abilities. Sidewalks are not considered trails.
TRIPA single or one-way vehicle movement to or from a property or study area. Trips can be added together to calculate the total number of vehicles expected to enter or leave a specific land use or site over a designated period of time.
ULTIMATE RIGHT-OF-WAY LINEThe dividing line between a lot and the outside limit of a street ultimate right-of-way. Identical with "front lot line" and "street line."
VIEWSHEDThe viewing area readily perceived by the observer from a certain location or series of locations, commonly delineated by visual accents such as, but not limited to, tree lines or ridges, geologic features, historic structures, stone walls, and watercourses.
VISUAL SCREENA barrier whose purpose is to obscure a view; generally comprised of plant materials suitable for the purpose.
WATERCOURSEA place intended or used for the directed surface flow of water, including permanent and intermittent streams, brooks, creeks, channels, ditches, swales, and rivers.
WATER SUPPLY SYSTEMA system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the local authorities. Includes the following definitions:
A. WATER FACILITIES, PUBLICA water distribution system serving all or a portion of the Borough and operated by a certified public utility.
WETLANDThose areas that are inundated and 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; includes swamps, marshes, bogs and similar areas. Development in wetlands is regulated by the United States Army Corps of Engineers and the Pennsylvania Department of Environmental Protection. Identification of wetlands" should be based upon the Federal Manual for Identifying and Delineating Wetlands, an interagency publication of the Corps of Engineers, EPA, Fish and Wildlife Service, and Natural Resources Conservation Service, dated January, 1989.
YARDThe area(s) of a lot which must remain free of buildings or other structures, and may be used as lawn or planted area, parking or driveway space, in compliance with the provisions of this chapter. A yard is measured at right angles from the right-of-way or lot line to the nearest building wall. "Yard" is further defined as follows:
A. FRONT YARDA yard which extends across the full width of a lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the street legal right-of-way line, unless stated otherwise.
B. REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
C. SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line. However, corner lots shall be regarded as having two front yards for the frontage along a street. Therefore, the setback for a side yard with street frontage shall be the same as the front yard setback for the district in which the property is located.