Words and terms used in this chapter shall have the meaning given in this section. 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 combined action of man's activity and the natural processes of a rate greater than would occur because of the natural process alone.
ACCEPTED ENGINEERING PRACTICEThat which conforms to accepted principles, tests or standards of nationally recognized technical, scientific, and/or engineering authorities.
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.
APPLICANTA person who has filed an application for approval of subdivision or land development plans, including his/her heirs, successors, agents, and assigns. This term also includes landowner, developer, builder, and/or other persons responsible for the plans and construction of buildings, and/or other improvements on a parcel of land.
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 purposes of this chapter, the 100-year flood, as referenced in the current Douglass Township Flood Insurance Study, prepared by the Federal Emergency Management Agency, Federal Insurance and Mitigation Administration. Also see definition under "floodplain."
BASE FLOOD ELEVATIONThe 100-year flood elevation in the Douglass Township Flood Insurance Study, prepared by the Federal Emergency Management Agency, Federal Insurance and Mitigation Administration.
BIORETENTION AREASBioretention areas are stormwater facilities that are shallow depressions filled with sandy soil, topped with a thick layer of mulch, and planted with dense vegetation.
[Added 4-19-2021 by Ord. No. 2021-01]
An area bounded by streets or streets and natural or man-made features.
BMP (BEST MANAGEMENT PRACTICE)Methods, measures, or practices used to prevent or reduce surface runoff and/or water pollution including, but not limited to, structural and nonstructural stormwater management practices and operation and maintenance procedures. See also "nonstructural best management practice (BMP)."
BOARD OF SUPERVISORSThe elected governing body of the Township; also referred to as the "Supervisors."
BUFFERAn 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 Article
IV, Design Standards, of this chapter.
A constructed edifice designed to stand more or less permanently, covering a space of land, usually covered by a roof and more or less completely enclosed by walls, and serving as a dwelling, storehouse, factory, gas or liquid storage tank, shelter for animals, or other useful structure, distinguished from structures not designed for occupancy (such as fences or monuments) and from structures not intended for use in one place (as boats or trailers) even though subject to occupancy, of which at least 51% of value is located aboveground (see "structure" definition).
CALIPERCaliper of the trunk is a diameter measurement taken six inches above the ground up to and including four inches caliper size, and 12 inches above the ground for larger sizes. Caliper of trees is a standard measurement used in the grading of nursery stock.
[Added 3-19-2007 by Ord. No. 2007-01]
Large, shade trees with deciduous foliage (leaves lasting only one growing season, bare in winter), generally reaching at least 40 feet in height at maturity.
[Added 3-19-2007 by Ord. No. 2007-01]
The portion of a street, alley or driveway intended for vehicular use.
COMMON OPEN SPACEA 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."
COMPREHENSIVE PLANThe current, officially adopted Comprehensive Plan for the Township, including all other amendments thereto.
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.
CUL-DE-SACA street with access at one end from a through street; terminated at the other end with a paved turnaround.
CURBLINEThe outermost edge of a cartway.
CUTAn excavation; the difference between a point of the original ground and a designated point of lower elevation on the final grade. Also, the material removed in an excavation.
DBH or DBHDiameter at breast height; a measure of trunk diameter in inches, taken at 4 1/2 feet above the ground. The measured section should be unbranched and representative of the typical age of the tree species. Dbh measurement is applied to existing trees (compared to caliper used for nursery stock).
[Added 3-19-2007 by Ord. No. 2007-01]
A tree in which there is leaf-fall in the autumn with new leaves produced in the spring after a winter spent in dormancy.
[Added 4-19-2021 by Ord. No. 2021-01]
The Pennsylvania Department of Environmental Protection.
DEVELOPABLE ACREAGEFor the purpose of calculating density per developable acre, the developable acreage shall equal the gross land area of the proposal, minus the following acreage:
A. All land within existing and/or proposed rights-of-way for all public and/or private roads.
All overhead and underground utility easements and/or rights-of-way.
Soils with slopes of 15% or greater as defined by the soil Survey of Montgomery County, 1967.
All alluvial soil floodplain or the extent of the 100-year floodplain delineated in the Flood Insurance Study for Douglass Township, Montgomery County, Pennsylvania, dated November 15, 1983, as prepared by the Federal Emergency Management Agency, Federal Insurance and Mitigation Administration.
DEVELOPERA person who seeks to undertake any regulated earth disturbance activities at a project site in Douglass Township. See "applicant."
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, the storage of equipment and materials, streets or other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations and the subdivision of land.
[Amended 11-3-1997 by Ord. No. 97-4]
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, parking facilities, ways, common open space, and public facilities. The phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The specific tract or parcel of land where any regulated activity is planned, conducted, or maintained.
DISTRIBUTION STORAGE CAPACITYThe capacity of system facilities to store water which is ready for distribution to customers.
[Added 2-2-1998 by Ord. No. 98-1]
The natural or man-made features of the land that are specifically designed to store or carry surface water runoff.
DRIVEWAYA private way providing for vehicular and pedestrian access between a public street and a parking area within a lot or property.
EARTH DISTURBANCE ACTIVITYA construction or other human activity which disturbs the surface of land including, but not limited to, clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, timber harvesting activities, road maintenance activities, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.
EASEMENTA 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.
ECOLOGICALLY SIGNIFICANT WOODLANDSA natural woodland area that may have an exemplary forest plant community or support a rare or endangered species. Woodland sites listed in "A Natural Areas Inventory of Montgomery County Pennsylvania," in the Pennsylvania Natural Diversity Index (PNDI), along steep slopes and/or riparian corridors would be considered ecologically significant woodlands.
[Added 3-19-2007 by Ord. No. 2007-01]
A conveyance area that is used to pass peak discharge greater than the maximum design storm controlled by the stormwater facility.
ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania.
EROSIONThe process by which the surface of the land, including water/stream channels, is worn away by water, wind, or chemical action.
EROSION AND SEDIMENT CONTROL PLANA plan that is designed to minimize accelerated erosion and sedimentation. Said plan must be submitted to and approved by the appropriate Conservation District before construction can begin.
EVERGREEN TREEA woody plant capable of reaching a minimum mature height of 20 feet; with foliage (needles) persistent for more than one full year, resulting in year-round (evergreen) foliage screening capacity.
[Added 3-19-2007 by Ord. No. 2007-01]
Any 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 100-year flood as referred to in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance and Mitigation Administration.
BASE FLOOD ELEVATIONThe 100-year flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soil floodplain, or other similar documented areas, the 100-year flood elevation shall be established as a point on the boundary of the floodplain nearest to the construction site in question.
FEMA and FIAThe Federal Emergency Management Agency and the Federal Insurance and Mitigation Administration who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of FIA.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purpose 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 as delineated in the Flood Insurance Study for Douglass Township, dated November 15, 1983, as prepared by FEMA and FIA; areas shown as alluvial soils in the Soil Survey of Montgomery County, Pennsylvania, by the United States Department of Agriculture, Natural Resources Conservation Service; or any area subject to the unusual and rapid accumulation of surface water from any source; also referred to as "flood-prone area."
FLOODPLAIN AREASFloodplain Conservation District as defined by Chapter
265, Zoning, of the Douglass Township Code, as amended.
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Such measures are set forth in Flood Proofing Regulations published by the Office of the Chief Engineers, U.S. Army, publication number EP 1165 2 314 (June, 1972 and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the "Completely Dry Spaces (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.
YEAR FLOODD — A flood that has one chance in 100 or 1% 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 and Mitigation Administration in the Flood Insurance Study.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(1) Before the improvement or repair is started; or
If the structure has been damaged, and is being restored, before the damage occurred.
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 the alteration affects the external dimensions of the structure. The term does not, however, include either: |
(1) Any projects 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 |
(2) Any alteration of a structure listed on a National Register of Historical places or a State Inventory of Historic Places. |
FRONTAGEThe length of the lot line abutting a street right-of-way.
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. Non-plant ground cover may also include bark or wood chips, gravel, and stone provided they are maintained as a continuous previous cover.
GROUNDWATER RECHARGEThe replenishment of existing natural underground water supplies from rain or overland flow.
HEDGEROWTypically, a narrow linear vegetated area with a mix of woody trees and shrubs formed along farm fields and pastures. Hedgerows may be considered as a desirable visual characteristic of a rural landscape, warranting preservation during the land development process.
[Added 3-19-2007 by Ord. No. 2007-01]
The vertical distance measured from the average elevation of the existing grade at the location of a building to the highest point of the roof as further defined below.
A. Flat: highest point measurable.
Gable, hip, gambrel: mean height between the eaves and ridge.
For a building with two or more roof heights, to the higher roof.
Chimneys, spires, towers, mechanical penthouses, tanks, and similar projections not intended for human occupancy shall be excluded.
HISTORIC STRUCTURESAny structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
By an approved state program as determined by the Secretary of the Interior; or
Directly by the Secretary of the Interior in states without approved programs.
IMPERVIOUS SURFACEA surface that prevents the infiltration of water into the ground. Impervious surfaces include, but are not limited to, streets, sidewalks, pavements, driveway areas, or roofs. Any surface areas designed to be gravel or crushed stone shall be regarded as impervious surfaces.
IMPROVEMENTThe physical additions, installations and changes required to render land suitable for the use proposed, including streets, curbs, sidewalks, utilities, and drainage facilities.
LAND DEVELOPMENTLand development shall mean.
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
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.
The following developments are excluded from the land development definition:
(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium; and
The addition of an accessory building on a lot, including farm buildings, subordinate to an existing principal building.
LANDOWNERThe legal or beneficial owner or owners of land, or a building thereon, or a portion of either, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having proprietary interest in land, shall be deemed to be a landowner for the purposes of this chapter.
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 Recorder of Deeds for Montgomery County.
LOT AREAThe horizontal land area of a lot, further defined as follows:
[Amended 11-3-1997 by Ord. No. 97-4]
A. GROSS LOT AREAThe total horizontal land area lying within the lot or tract boundaries.
(1) The area lying between the street center line and the ultimate right-of-way line or equivalent right-of-way line.
The land area of the access strip to rear, flag or interior lots.
One-half of all land area within slopes of 15% or greater, as defined by the soil survey or by accurate contour mapping.
The entire surface area of all lakes or ponds.
LOT, REARA lot which conforms in all respects to the dimensional requirements of the zoning district in which it is located, except that the only road frontage and access is limited to an access strip. This definition does not include the commonly used wedge-shaped lots located on a cul-de-sac turnaround. Also known as "flag" or "interior lot."
MANUFACTURED HOMEA mobile home or a transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, 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 with or without a permanent foundation. The term includes park trailers, travel trailers, and other similar vehicles which are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARKA parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
MATURE TREEAny tree of eight inches or more in dbh, whether standing alone, in tree masses, or woodlands. A mature tree shall be a healthy specimen and shall be a desirable species, as determined by the municipal consultant/arborist/forester.
[Added 3-19-2007 by Ord. No. 2007-01]
To reduce to the smallest amount possible. "Minimize" does not mean to "eliminate" but rather that the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect of the action (such as grading, clearing, construction, etc.).
[Added 3-19-2007 by Ord. No. 2007-01]
A factory-built, single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but bears a label certifying that it is build in compliance with the Federal Manufactured Housing Construction and Safety Standards, under the authority of the 42 U.S.C. §
5401. It shall be contained in one unit or in two or more units designed to 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 with or without a permanent foundation.
A parcel of land in a mobile home park provided with the necessary utility connections, partitions and other appurtenances necessary for the erection thereon of a single mobile home for the exclusive use of its occupants, though it may instead be designed and used for a modular or conventional single-family detached home rather than a mobile home.
MOBILE HOME PARKA development of a tract of land which has been planned and improved in compliance with the requirements of the Mobile Home Park Development Regulations for the placement of mobile homes, modular homes, or conventional single-family detached homes, or combinations thereof, for nontransient use, consisting of two or more mobile home lots and 10 acres or greater in size.
MUNICIPALITYDouglass Township, Montgomery County, Pennsylvania.
NPDESNational Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.
OFFICIAL MAPA map adopted by the Board of Supervisors showing all or part of the Township. This map may show the following public facilities: existing and proposed streets, watercourses, public grounds, parks, playgrounds, open space, pedestrianways, railroad and transit rights-of-way, flood-control basins, floodways and floodplains, and stormwater management areas.
OUTFALL"Point source" as described in 40 CFR
122.2 at the point where Douglass Township's storm sewer system discharges to surface waters of the commonwealth.
An open or covered area with a dust-free all-weather surface for the storage of one automobile, accessible via a driveway.
[Added 4-13-2013 by Ord. No. 2013-03]
PNDI was established in 1982 as a joint venture of the Nature Conservancy (Pennsylvania Science Office), the Pennsylvania Department of Conservation and Natural Resources and the Western Pennsylvania Conservancy to establish an inventory data base on outstanding natural habitat types and sensitive plant and animal species.
[Added 3-19-2007 by Ord. No. 2007-01]
An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PERVIOUS SURFACEA surface that allows the percolation of water into the underlying soil. Pervious surfaces include grass, mulched ground cover, planted areas, vegetated roofs, and permeable paving that maintains the covered lot surface's water permeability.
[Added 4-19-2021 by Ord. No. 2021-01]
A graphic representation of a proposal for subdivision and/or land development, including necessary written notes.
PLANTING ISLANDAn area of ground improved with soil between parking spaces or at the end of parking rows within the interior of a parking lot designed to screen surface parking, control traffic flow, and provide environmental benefits like shading and stormwater control. Planting islands shall be at least 400 square feet to be covered in mulch, grass, or other pervious cover for the planting of canopy trees and other landscaping for the purpose of providing stormwater control, shading, and/or beautification. Planting islands may be curbed or not.
[Added 4-19-2021 by Ord. No. 2021-01]
A pervious, linear area at least eight feet wide within the boundary of a parking lot which is either located along a single row of parking stalls or separates two facing rows of parking stalls. Planting strips shall run the length of the parking row, be underlain by soil, and shall be protected by curbs, wheel stops, or bollards for the planting of canopy trees and other landscaping for the purpose of providing stormwater control, shading, and/or beautification.
[Added 4-19-2021 by Ord. No. 2021-01]
Any discernible, confined, and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, or conduit from which stormwater is or may be discharged, as defined in state regulations at 25 Pa. Code §
92a.2.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The specific area of land where any regulated activities in Douglass Township are planned, conducted, or maintained.
RECREATIONAL VEHICLEA vehicle which is i) built on a single chassis; ii) 400 square feet or less when measured at the largest horizontal projection; iii) designed to be self-propelled or permanently towable by a light-duty truck: and iv) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel or seasonal use.
REDEVELOPMENTAny development that requires demolition or removal of existing structures or impervious surfaces at a site and replacement with new impervious surfaces. Maintenance activities such as top-layer grinding and re-paving are not considered to be redevelopment. Interior remodeling projects and tenant improvements are also not considered to be redevelopment.
REGULATED EARTH DISTURBANCE ACTIVITYDefined under NPDES Phase II regulations as earth disturbance activity of one acre or more with a point source discharge to surface waters or Douglass Township's storm sewer system or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part, or during any stage of a larger common plan of development.
RESERVE STRIPA parcel of land separating a street from adjacent properties.
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.
REVIEWThe action of an agency or individual authorized to examine a proposed subdivision plan such as the County Planning Commission and Township Planning Agency.
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 rights-of-ways."
ROAD MAINTENANCEEarth disturbance activities within the existing road cross-section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches, and other similar activities.
ROUTE 100 EXPRESSWAYAlso known as "principal access roadway," designed for relatively uninterrupted, high-volume mobility between areas, access to which is limited; may include a mixture of intersections (at grade) and interchanges (grade-separated). Source: Access Management Handbook Transportation Research Board, 2003.
[Added 3-19-2007 by Ord. No. 2007-01]
The maximum reliable yield available during a drought with a recurrence interval (T
R) of once every 50 years without ultimate depletion of the source, considering intrusion of water of undesirable quality, interference with existing water sources and protection of intended aquifer or in-stream uses.
[Added 2-2-1998 by Ord. No. 98-1]
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) primarily used for collecting and conveying stormwater runoff.
SEWAGE DISPOSALSewage disposal shall be defined as:
A. ON-SITEA structure or device for disposal of sewage on the same lot as a house, generally consisting of septic tank and tile field or seepage pit.
COMMUNITYA sanitary sewage collection system serving more than one lot with common treatment facilities, generally serving a neighborhood area and complying with state regulations.
PUBLICA sanitary sewage collection and disposal system owned and operated by an authorized municipal body.
SHRUBA woody plant, usually with multiple stems, each of which has a dbh of less than three inches. Shrubs are generally less than 20 feet tall at maturity.
[Added 3-19-2007 by Ord. No. 2007-01]
The distance of unobstructed view along the center line of a street from the driver's eye-height of 3 3/4 feet to the furthest visible point six inches above the street surface.
SITE ELEMENTElements of a development whose visual or other impact requires planting buffers. "Site elements" include, but are not limited to, the following: parking lots; dumpsters, trash or recycling areas; service or loading docks; outdoor storage or sales yard; vehicle storage or sales yards; single-family attached dwellings' rear yards; multifamily (including high-rise) dwellings' rear yards; active recreation facilities; fenced detention basins; and sewage treatment plants or pump stations.
[Added 4-19-2021 by Ord. No. 2021-01]
The Montgomery County Soil Survey of 1967, prepared by the Natural Resources Conservation Service of the United States Department of Agriculture.
START OF CONSTRUCTIONIncludes substantial improvement and is the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of the slab or footings, the installation of piers, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. If the actual start of construction does not occur within 180 days, a time extension for the date of startup construction shall be granted only if a written requires is submitted by the applicant, which sets forth sufficient and reasonable cause for the Building Inspector to approve such a request.
STATE WATER QUALITY REQUIREMENTSAs defined understate regulations, protection of designated and existing uses (see 25 Pa. Code Chapters
93 and
96) including:
A. Each stream segment in Pennsylvania has a "designated use," such as "cold water fishery" or "potable water supply," which are listed in Chapter 93. These uses must be protected and maintained, under state regulations.
"Existing uses" are those attained as of November 1975, regardless whether they have been designated in Chapter 93. Regulated earth disturbance activities must be designed to protect and maintain existing uses and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in special protection streams.
Water quality involves the chemical biological and physical characteristics of surface water bodies. After regulated earth disturbance activities are complete, these characteristics can be impacted by addition of pollutants such as sediments, and changes in habitat through increased flow volumes and/or rates as a result of changes in land surface area from those activities. Therefore, permanent discharges to surface waters must be managed to protect stream bank, streambed and structural integrity of the waterway, to prevent these impacts.
STORMWATERThe surface runoff generated by precipitation reaching the ground surface.
STREET LINEThe dividing line between a lot and a street, 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.
STREET RIGHTS-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 plan is submitted.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes.
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.
STREET TREEA tree that is growing between the sidewalk and curb or along the public right-of-way or adjacent to the street line.
[Added 4-19-2021 by Ord. No. 2021-01]
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."
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 a court for distribution to heirs or devisees, transfer of ownership or building or lot development. The subdivision by lease of land for agricultural purposes in parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, is not required.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTA. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure, either:
(1) Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before the damage occurred.
For the purpose 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:
(1) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on a National Register of Historic Places or a State Inventory of Historic Places.
SURFACE WATERS OF THE COMMONWEALTHAny and all rivers, streams, creeks, rivulets, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface waters, or parts thereof, whether natural or artificial, within or on the boundaries of the commonwealth.
SURVEYORA land surveyor, licensed as such in the Commonwealth of Pennsylvania, and competent in the skills needed to conduct the surveys, layout the subdivision plans and install all markers as required by the terms of this chapter.
TREE MASSA grouping of three or more trees, with average eight inches dbh minimum.
[Added 3-19-2007 by Ord. No. 2007-01]
Deciduous trees with characteristic flower or foliage color of ornamental/aesthetic value. Understory trees are generally smaller (20 feet to 40 feet mature height) than canopy trees.
[Added 3-19-2007 by Ord. No. 2007-01]
All areas within the perimeter of the parking lot including planting islands, curbed areas, corner areas, parking spaces, aisles and all surfaces where vehicles are driven.
[Added 4-19-2021 by Ord. No. 2021-01]
A barrier whose purpose is to obscure the view; generally comprised of plant materials suitable for the purpose.
WATER SURVEYAn inventory of the source, quantity, yield, and use of groundwater and surface water resources within a municipality.
WATERCOURSEA place intended or used for the directed surface flow of water, including permanent and intermittent streams, brooks, creeks, channels, ditches, swales, and rivers.
WATERSHEDRegion or area drained by a river, watercourse, or other body of water, whether natural or artificial.
WOODLANDA biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. Woodlands can be characterized as containing at least 100 trees with at least 50% of those trees having a two inches dbh or greater.
[Added 3-19-2007 by Ord. No. 2007-01]
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.