Township of New Hanover, PA DEFINITIONS

[Ord. No. 3/29/1990B, as amended by Ord. No. 21-07, 8/5/2021]

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 the absence of a legal definition, its meaning as commonly accepted by practitioners including civil engineers, surveyors, architects, landscape architects, and planners.

As used in this chapter, the following terms shall have the meanings indicated:

ACCELERATED EROSION

The 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 LANE

The 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 PRACTICE

That which conforms to accepted principles, tests or standards of nationally recognized technical, scientific, and/or engineering authorities.

ACCESS DRIVE

A privately owned, constructed, and maintained vehicular access from a public or private right-of-way to off-street parking or loading spaces.

ACCESS STRIP

A 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.

ACCESSORY STRUCTURE OR BUILDING

A structure or building detached from a principal building on the same lot and customarily incidental and subordinate to the principal building.

ACT 247

The Municipalities Planning Code of July 31, 1968, 53 P.S. § 10101 et seq., as amended from time to time.

AISLE

The traveled way by which cars enter and depart parking spaces.

ALLEY

A 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.

APPLICANT

A 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 of buildings or other improvements on any parcel of land.

APPLICATION DATE

The date of the day when an application for development is filed with the Township in accordance with submission requirements outlined in Part 3. This date is not necessarily the date when the ninety-day plan review period begins. Authority. A public organization created pursuant to the Pennsylvania Municipality Authorities Act of 1945 (P.L. 382, No. 164).[1]

APPLICATION FOR SUBDIVISION OR LAND DEVELOPMENT

Every application, whether preliminary or final, required to be filed and approved prior to the 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 a development plan.

AVERAGE VEHICLE OCCUPANCY

A 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.

BEST MANAGEMENT PRACTICE (BMP)

Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated activities; to meet Pennsylvania water quality requirements; to promote groundwater recharge; and to otherwise meet the purposes of this chapter. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this chapter, "nonstructural BMPs or measures" refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas "structural BMPs or measures" are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.

BLOCK

A 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.

BOND

Any form of surety bond in an amount and form satisfactory to the Township. All bonds shall be approved by the Township whenever a bond is required by regulations.

BUFFER

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, "buffer" may be included as part of the required setbacks and yard areas.

BUILDER

See "applicant."

BUILDING

Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, equipment, goods or materials of any kind or nature. (Also see "accessory structure" and "principal building.")

BUILDING ENVELOPE

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, legal rights-of-way, or other areas defined in the Zoning Ordinance.[2]

CALIPER

Tree trunk diameter measured in inches at six inches above ground level for trees four inches or less in diameter or 12 inches above ground level for larger trees.

CAPITAL IMPROVEMENT PLAN

A 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.

CARTWAY

The paved portion of a street or highway designed for vehicular traffic.

COMMON FACILITIES

All of the real property and improvements set aside for the common use and enjoyment of the residents, including, but not limited to, buildings, open land, private roads, parking areas, walkways, recreation areas, landscaped areas, drainage easements, and any utilities that service more than one unit, such as sewer and water facilities.

COMMON OPEN SPACE

A parcel or parcels of land within a development site designed and intended for the use and enjoyment of the Township residents or occupants of the development or community or for the protection of natural or historic resources, 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 recreational facilities for park users or historic buildings as are shown in the approved development plan.

COMPREHENSIVE PLAN

The Comprehensive Plan and amendments thereto, including maps, charts, and/or descriptive matter officially adopted by the Township, indicating recommendations for the continuing development of the municipality and including all elements required in Article III of the Pennsylvania Municipalities Planning Code.[3]

CONCURRENCY

The 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.

CONDOMINIUM

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 portions, created under either the Pennsylvania Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium Act.[4]

CONSERVATION DISTRICT

A conservation district, as defined in Section 3(c) of the Conservation District Law [3 P.S. § 851(c)], which has the authority under a delegation agreement executed with the Pennsylvania Department of Environmental Protection to administer and enforce all or a portion of the erosion and sediment control program in their county.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.

CONTIGUOUS

Properties sharing a common boundary. Properties on opposite sides of a public right-of-way shall not be considered contiguous.

CROSSWALK

An improved right-of-way for pedestrian travel across a street connecting two blocks.

CUL-DE-SAC

A local street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic.

CULVERT

A conduit not incorporated in a closed storm sewer system, that carries drainage water under a driveway, roadway, or paved area.

CURB ELEVATION or CURB LEVEL

The elevation of the top of a curb at a given point with reference to a designated datum.

CURB RETURN

The connecting link between a street curb and the curb of a driveway.

CURBLINE

A 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 otherwise located.

CUT

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.

DE MINIMIS IMPROVEMENTS

Nonresidential 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 of new building.

DESIGN STORM

The magnitude and temporal distribution of precipitation from a storm event, measured in probability of occurrence (e.g., a five-year storm) and duration (e.g., 24 hours), used in the design and evaluation of stormwater management systems.

DEVELOPER

Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, streets and other paving, utilities, mining, dredging, filling, grading, excavation, or drilling operations.

DEVELOPMENT PLAN

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.

DISCONNECTED IMPERVIOUS AREA (DIA)

An impervious or impermeable surface which is disconnected from any stormwater drainage or conveyance system and which directs water to a pervious area which allow for infiltration, filtration, and retention of stormwater.

DISTURBED AREA

An unstabilized land area where vegetation has been removed and soil has been exposed, graded, or removed.

DRAINAGE STRUCTURES

The natural or man-made features of land that are specifically designed to store or carry surface water runoff.

DRIVEWAY

A private way providing for vehicular access between a public street and a parking area or garage within a lot or property.

DWELLING UNIT

One or more rooms designed, occupied, or intended for occupancy as separate living quarters with cooking, sleeping, and sanitary facilities for the exclusive use of a single occupant, multiple occupants, or a family maintaining a household.

EARTH DISTURBANCE

A construction or other human activity which alters the surface of the land, including, but not limited to, clearing and grubbing; grading; excavations; embankments; road maintenance; building construction; or the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.

EASEMENT

A vested or acquired legal 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.

ELEVATION

A vertical distance above or below a fixed reference level; or a flat scale drawing of the front, rear, or side of a building.

ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania and competent in the profession as established under the Pennsylvania Engineer, Land Surveyor, and Geologist Registration Act.[5]

EQUIVALENT DEVELOPMENT UNIT

A standardized measurement of the consumption, use, or generation of water equivalent to that of a new single-family residential development unit.

ESCROW

A deposit of cash with the Township or escrow agent to secure the promise to perform some future act.

EXCAVATION

Any act by which natural materials are dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed, as well as the conditions resulting from such activities.

EXISTING CONDITION

The dominant land cover during the five-year period immediately preceding a proposed regulated activity.

FENCE

A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a freestanding wall.

FILL

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 from such activities.

FLOODPLAIN-RELATED TERMS

BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter 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 is the computed elevation to which floodwater is anticipated to rise during a base flood.

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." Both are within the U.S. Department of Homeland Security.

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, the floodway and flood fringe which make up the 100-year floodplain will be used.

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 DISTRICTSThose specifically designated areas delineated in the Municipal Zoning Ordinance which include land which will be inundated primarily by the 100-year flood. Included would be areas identified as the Floodway District (FW), Flood-Fringe District (FF) and General Floodplain District (FA).

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).

FLOODWAYThe channel of a river, stream, or other watercourse and the adjacent land area required to carry and discharge a flood of the 100-year magnitude.

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 which is placed where the flow of the water might carry the same downstream to damage property or threaten lives.

YEAR FLOODD — A 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 "100-year flood" (base flood) is as defined by the Federal Insurance Administration in the Flood Insurance Study pertaining to the Township.

REGULATORY FLOOD ELEVATION (RFE)The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

SUBSTANTIAL DAMAGEDamage of 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.

SUBSTANTIAL IMPROVEMENT

(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.

(3)

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 the National Register of Historic Places or a State Inventory of Historic Places.

FOOTCANDLE

Unit of light intensity stated in lumens per square foot and measurable with a luminance meter.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

FRONTAGE

That side of a lot abutting on a street or right-of-way and ordinarily regarded as the front of the lot.

FULL CUTOFF

The attribute of a light fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the light's intensity is emitted at or above an angle of 10° below the horizontal plane, at all lateral angles around the fixture.

GLARE

Excessive brightness in the field of view that causes a loss in visual performance or annoyance so as to jeopardize health, safety, and welfare.

GRADE

The slope of a street, parcel of land, utility lines, drainageways, etc., specified in percent and shown on plans as required herein.

GROUND COVER

Low-growing plant materials planted in a manner to provide continuous plant cover of the ground surface, 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.

GUARANTEE, MAINTENANCE

Any security which may be required from the developer by the Township after final acceptance by the Township of improvements installed by the developer. Such security may include an irrevocable letter of credit, cash escrow account or surety bond with a bonding company or commonwealth or federally chartered financial institution as further specified in this chapter.

GUARANTEE, PERFORMANCE

Any security which may be required from the developer by the Township in lieu of the requirement that certain improvements be made before the Township approves a developer's subdivision or land development plan. Such security may include an irrevocable letter of credit, escrow account or surety bond with a bonding company or commonwealth or federally chartered financial institution as further specified in this chapter.

HEIGHT OF BUILDING

The 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 multi-level 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.

HYDROLOGIC SOIL GROUP (HSG)

Infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSG's (A, B, C, and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The Natural Resources Conservation Service (NRCS) of the U.S. Department of Agriculture defines the four groups and provides a list of most of the soils in the United States and their group classification. The soils in the area of the development site may be identified from a soil survey report that can be obtained from local NRCS offices or Conservation District offices. Soils become less pervious as the HSG varies from A to D.

IMPACT FEE

A 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.

IMPOUNDMENT

A body of water, such as a pond, confined by a dam, dike, floodgate, or other barrier.

IMPROVEMENTS

The physical additions, installations, and changes required to render land suitable for the use proposed, including streets, curbs, sidewalks, utilities, and drainage facilities.

IMPROVEMENTS, ON-SITE

Improvements, 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, PUBLIC

Improvements, including, but not limited to, those contained in the definition of "improvements," that are intended for dedication to the Township or other municipal body or authority, either in fee or in easement.

INDIVIDUAL SEWAGE DISPOSAL SYSTEMS

A septic tank and drainage field or other type of sewage disposal system located on a single lot and serving one equivalent development unit.

INFILL DEVELOPMENT

Development that takes place within existing communities, making maximum use of the existing infrastructure instead of building on previously undeveloped land.

KARST

A type of topography or landscape characterized by surface depressions or sinkholes, rock pinnacles, uneven bedrock surface, underground drainage, and caves. Karst is formed on carbonate rocks, such as limestone and dolomite.

LAND DEVELOPMENT

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:

(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.

A subdivision of land.

Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.[6]

LANDOWNER

The 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.

LIGHT TRESPASS

Light emitted by a fixture or installation which is cast beyond the boundaries of the property on which the lighting fixture is placed.

LOT

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 the Recorder of Deeds for Montgomery County.

LOT AREA, BUILDABLE

Net lot area contained within the deeded boundaries of the lot minus the area of any land unsuitable for development due to natural conditions or various legal or physical restrictions.

LOT AREA, GROSS

Calculated land area contained within the deeded boundaries of a lot.

LOT LINE

Any property boundary line of a lot, further defined as follows:

(1)

"Front lot line" is the line identical with the street ultimate right-of-way line (also known as "street line").

(2)

"Rear lot line" is the line or lines most nearly parallel or concentric to the front lot line.

(3)

"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.

A lot which fronts on more than one street shall have a front lot line on each street frontage.

LOT WIDTH

The 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.

LOT, CORNER

A 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. One of the other two sides should have a rear yard setback while the other would be the side yard.

LOT, FLAG

A lot not substantially fronting or abutting a public roadway and where access to the public roadway is limited to a narrow strip of land.

LOT, REAR

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 a narrow strip of land. This definition does not include the commonly used wedge-shaped lots located on a cul-de-sac turnaround. Also known as "flag or interior lot."

LOT, THROUGH

A lot that fronts upon two parallel streets that do not intersect at the boundaries of the lot. A through lot is referred to as a "reverse-frontage lot" when access is taken from only one street, usually a street with less traffic volume.

MATURE TREE

Any 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 HOME

A transportable single-family dwelling intended for permanent occupancy in one unit or two units designed to be 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 U.S. Department of Housing and Urban Development, as indicated in the Structural Engineering Bulletin(s) which shall be provided to the Township by the applicant. Also referred to as a "manufactured home."

MOBILE HOME PARK

A 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 of mobile homes.

MODULAR HOME

A 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 Township's Building Code, and must be placed on a permanent foundation. A copy of the Structural Engineering Bulletin(s) must be provided to the Township, indicating approval of the dwelling or its components by the U.S. Department of Housing and Urban Development.

MONUMENT

A tapered, permanent survey reference point of stone or concrete having a top four inches on each side and a length of 24 inches.

NATURAL FEATURE

A component of a landscape existing or maintained as part of the natural environment and having ecological value in contributing beneficially to, among other things, air and water quality, erosion control, groundwater recharge, noise abatement, visual amenities, growth of wildlife, human recreation, reduction of climatic stress and energy costs.

OFFICIAL MAP

The map adopted by Township pursuant to Article IV of the Municipalities Planning Code.

OPEN SPACE

Public 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 Township parks, trails, and other recreational facilities. It also includes common open space, as defined below, and other private lands which are available for the use of Township residents (i.e., through access easements). (See "open space, common.")

OPEN SPACE, COMMON

A parcel or parcels of land within a development site designed and intended for the use or enjoyment of the residents of the development and or the general public, not including streets, street rights-of-way, off-street parking areas, and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such recreational facilities for residents as are shown in the approved development plan.

PARK

Any area which is predominantly open space, is used principally for active or passive recreation, and is not used for a profit-making purpose.

PATHWAY

A 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 DISCHARGE

The maximum rate of flow of stormwater runoff at a given point and time resulting from a particular magnitude storm.

PENNSYLVANIA MUNICIPALITIES PLANNING CODE

The Municipalities Planning Code, originally enacted as Act 247 of 1968,[7] which establishes the basic authority for the exercise of municipal land use controls in Pennsylvania. All subsequent amendments are included. Abbreviated as "MPC" or "Act 247."

PERCOLATION TEST

One 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.

PLAN

A graphic representation of a proposal for subdivision and/or land development, including necessary written notes.

PLANNING COMMISSION

The Township Planning Commission.

PLAT

The map or plan or a subdivision or land development, whether preliminary or final.

PRINCIPAL BUILDING

A building which is considered the principal use of the lot on which it is located.

PRINCIPAL USE

The single dominant use or single main use on a lot.

PROPERTY LINE

A recorded boundary of a lot. Any property line which abuts a street or other public way shall be measured from the right-of-way.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body, Planning Commission, or other municipal agency, intended to inform and obtain testimony and public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, as amended.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[8] (". . .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 NOTICE

Notice 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.

RELEASE RATE

The level of control of the post-development peak rate of runoff to be achieved for a particular site, expressed as a percentage of the predevelopment peak rate of runoff.

RESERVE STRIP

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.

REVERSE-FRONTAGE LOTTING

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.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied at some future date by roads, railroads, transmission lines, pathways, oil and gas pipe lines, water lines, sewer lines, and other similar facilities.

SECURITY

A letter of credit, surety bond, certified check, or cash escrow provided by the applicant to secure its promises regarding public improvements associated with an approved subdivision or land development.

SEDIMENT

Soils or other materials transported by surface water as a product of erosion.

SEWAGE ENFORCEMENT OFFICER

A 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[9] and regulations promulgated under it.

SEWAGE FACILITIES PLAN

A comprehensive plan for the provision of adequate sewage facilities which was adopted by the Township and approved by the Department of Environmental Protection under the Pennsylvania Sewage Facilities Act (Act 537).[10]

SEWAGE FACILITIES PLANNING MODULE

Completed 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, STOPPING

The distance of unobstructed view along the center line of a street from the driver's eye height of 3 1/2 feet above the pavement surface to the furthest visible point 24 inches above the street surface.

SIGHT TRIANGLE

A 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 sight distance of motorists entering or leaving the intersection.

SOIL SURVEY

The Montgomery County Soil Survey, latest edition, prepared by the Natural Resources Conservation Service of the United States Department of Agriculture.

SPECIMEN TREE

Any tree with a caliper that is 75% or more of the record tree of the same species in the Commonwealth of Pennsylvania.

STEEP SLOPES

Areas where the average slope equals or exceeds 15% which, because of this slope, are subject to high rates of stormwater runoff and therefore erosion and flooding. Steep slopes shall be determined by measuring the slope across three consecutive topographic contours, with topography established based upon field survey.

STORMWATER BASIN

A structure which provides for the storage and controlled release of stormwater runoff during and after a storm; also referred to as a "sediment, retention, or detention basin."

WET BASINAn impoundment basin designed to retain stormwater runoff within a permanent pool of water or existing pond.

DRY BASINA naturalized impoundment basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.

STORMWATER MANAGEMENT FACILITY

Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and infiltration structures.

STORMWATER MANAGEMENT PLAN

A plan adopted by Montgomery County pursuant to the Pennsylvania Storm Water Management Act (Act 167 of 1978).[11]

STORMWATER RUNOFF

Water from rainfall or melting snow in a watershed in excess of the natural absorbency of that watershed, which flows over the ground surface to collect in streams and channels.

STREET LINE

A line identical to the ultimate right-of-way line.

STREET or ROAD

Any way which serves to access and provide for transportation between multiple properties, whether under public or private ownership, and used or intended to be used by vehicular traffic or pedestrians, including street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, or other similar facilities.

ARTERIALA street serving a large volume of comparatively high-speed and long-distance traffic.

(1)

PRINCIPAL ARTERIALAn arterial serving the heaviest volumes of traffic in the municipality, providing the highest degree of vehicular mobility, and involving controls on access.

(2)

MINOR ARTERIALAn arterial serving high volumes, providing a high degree of mobility, and some limits on access.

COLLECTORA street designed and located to provide a means to accommodate traffic between neighboring communities and to interconnect arterial streets with local roads.

(1)

MAJOR COLLECTORA collector serving moderate levels of traffic within the municipality, providing a mix of mobility and access and linking adjacent communities.

(2)

MINOR COLLECTORA collector serving lower amounts of traffic, providing more access than mobility, and serving as a major road through residential neighborhoods.

LOCAL ROADA road intended to provide access to other roads from individual properties.

CUL-DE-SAC STREETA local street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic.

PRIVATE STREETA local street serving abutting lots that is not offered or required to be offered for dedication.

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.

MARGINAL ACCESS STREETA street parallel to and adjacent to a collector or arterial street which provides access to abutting properties and separation from traffic.

LOOP STREETA local street with access and egress at two points along the same collector street.

THROUGH STREETA street which connects to two different collector or higher-order streets.

STREET RIGHTS-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 subdivision or land development plan is submitted.

ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes, according to the Ultimate Right-of-Way Map incorporated in the Township Comprehensive Plan. The ultimate right-of-way becomes 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 street classifications contained in this chapter. Structure. Anything built, constructed, or erected which requires location on the ground or attachment to something located on the ground.

SUBDIVISION

The division or redivision of a lot, tract, parcel of land, or condominium 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. 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.

SUBDIVISION, MAJOR

All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of four or more lots, or any size subdivision requiring a new street or extension of the municipal facilities or the creation of public improvements.

SUBDIVISION, MINOR

Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Ordinance, or other pertinent regulations. Minor subdivisions include lot line adjustments and simple conveyances, as defined herein:

LOT LINE ADJUSTMENTA proposal between two abutting, existing, legally approved and recorded lots in which a lot line between the two lots is proposed to be adjusted in terms of its location or configuration. Reasons for lot line adjustments include:

(1)

Correcting errors regarding locations of existing improvements (e.g., if the driveway for Lot No. 1 is located on Lot No. 2);

(2)

Relating the line to definitive physical characteristics (e.g., to adjust the line to run along an existing hedgerow);

(3)

Preferences of the landowners involved.

SIMPLE CONVEYANCEA proposal between two abutting, existing, legally approved and recorded lots in which a portion of one lot is being divided off to be conveyed to the owner of the abutting lot. The land area to be conveyed in a simple conveyance generally does not comply with one or more of the dimensional standards of the district in which the lots are located.

SURVEYOR

A land surveyor, registered as such in the Commonwealth of Pennsylvania, and competent in profession as established under the Pennsylvania Engineer, Land Surveyor, and Geologist Registration Act.[12]

TOPSOIL

The original upper layer of soil material to a depth of six inches, which is usually darker and more fertile than subsoil.

TRAFFIC IMPACT STUDY

A technical evaluation of the traffic impacts associated with a proposed subdivision or land development. Criteria for a traffic impact study are contained in § 22-819.

TRAIL

A designated land corridor containing an improved route designed for nonmotorized travel that provides recreational, aesthetic, alternate transportation, or education opportunities for people of all ages and abilities. Sidewalks are not considered trails though they can serve as trail connections.

TRIP

A 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 LINE

The dividing line between a lot and the outside limit of a street ultimate right-of-way; identical with "front lot line" and "street line."

VIEWSHED

The 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 SCREEN

A barrier for the purpose of limiting or obscuring a view; generally comprised of vegetation, structures, or earthworks suitable for the purpose.

WATER SUPPLY SYSTEM

A system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the local authorities. It includes the following definitions:

WATER FACILITIES, PUBLICA water distribution system serving all or a portion of the Township and operated by the Township, municipal authority, or certified public utility.

WATER FACILITIES, COMMONA water distribution system serving a single neighborhood or development.

WATERCOURSE

A depression which carries the flow of surface water, including permanent and intermittent streams, brooks, creeks, channels, ditches, swales, and rivers.

WETLAND

Those areas that are inundated and 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; includes swamps, marshes, bogs and similar areas. Development in "wetlands" is regulated by the U.S. Army Corps of Engineers and the Pennsylvania Department of Environmental Protection. Identification of "wetlands" should be based upon the "1987 Corps of Engineers Wetlands Delineation Manual."

YARD

The 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:

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 the Zoning Ordinance, measured perpendicular from the street right-of-way line, unless stated otherwise, toward the center of the lot.

REAR YARDThe space extending across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of the Zoning Ordinance, measured perpendicular from the rear lot line to the center of the lot.

SIDE YARDA space extending from the front yard to the rear yard, for a depth equal to the minimum side yard setback distance required by the specific regulations of the Zoning Ordinance, measured perpendicular from the side lot line toward the center of the lot. 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.

YARD LINE

A line which locates and delineates the minimum yard setback requirements, measured from the appropriate property lines.

ZONING OFFICER

The person or agency appointed by Township to administer and enforce the provisions of the Zoning Ordinance.[13] The term "Zoning Officer" shall also include any duly appointed staff or assistants.

[1]

Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.

[2]

Editor's Note: See Ch. 27, Zoning.

[3]

Editor's Note: See 53 P.S. § 10301 et seq.

[4]

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

[5]

Editor's Note: See 63 P.S. § 148 et seq.

[6]

Editor's Note: See 53 P.S. § 10503.