Definition of terms. Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated:
100-YEAR FLOOD
A flood that has one chance in 100 or a 1% chance of being
equaled or exceeded in any year. For the purposes of this chapter,
the 100-year flood (base flood) as defined by the Federal Emergency
Management Agency in the current "Flood Insurance Study, Trappe Borough."
ACCEPTED ENGINEERING PRACTICE
That which conforms to accepted principles, tests or standards
of nationally recognized technical or scientific authorities.
ACCESSORY BUILDING
A building subordinate to the principal building on the lot
used for purposes customarily incidental to those of the principal
building.
AGENT
Any person, other than subdivider, who, acting for the subdivider,
submits subdivision or land development plans for the purpose of obtaining
approval thereof.
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.
ALTERATION
An alteration, as applied to a building, is any change or
rearrangement in the structural parts, or any enlargement, whether
by extending on any side or by increasing in height, or adaptation
in any way to a different use, or moving from one location or position
to another, or in the case of a nonconforming use, any structural
change which would prolong the life of such use.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for approval of subdivision or land development
plans, including his heirs, successors, agents and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including, but not limited to, an application for building
permit, for the approval of a subdivision, plot or plan or for the
approval of a development plan.
ASTM
The American Society for Testing and Materials.
BASE FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
prepared; for purposes of this chapter, the 100-year flood, as referenced
in the current Food Insurance Study, Trappe Borough, prepared by the
Federal Insurance Administration, Federal Emergency Management Agency.
BASE FLOOD ELEVATION
The 100-year flood elevation, as referenced in the Flood Insurance Study, prepared by the Federal Insurance Administration, Federal Emergency Management Agency. Within the approximated floodplain, as delineated in the Flood Insurance Study, the base flood elevation shall be established as a point on the boundary of the Floodplain District as defined in Article
XX of Chapter
340, Zoning, closest to the construction site in question.
BLOCK
An area bounded by streets or streets and natural or man-made
features.
BOROUGH COUNCIL
The Trappe Borough Council, Montgomery County, Pennsylvania.
BUFFER
An area designed to separate the uses of land which abut
it and which functions to ease the transition between them. Unless
otherwise specified, buffers may be included as part of the required
setbacks and yard areas. Buffers are divided into two types:
(1)
BUFFER, OPENA buffer normally comprised of grass, ground cover, and/or possibly other landscaping material having a specified depth, but not necessarily having significant vertical components to achieve a certain height or density, the purpose of which is to achieve adequate spacing and attractive landscaping between two or more actively used areas.
(2)
BUFFER, SCREENA buffer comprised of natural and/or man-made material arranged in a certain specified depth, height, and density to effectively block the view from one side to another during all seasons of the year, and to reduce the transmittal of noise and odors between the sides.
BUILDER
A person, who is charged with the responsibility of construction
of buildings or other structures, or of making any construction improvements
on any parcel of land.
BUILDING
Any structure, whether built conventionally or in a manner
generally referred to as a "mobile or modular" home having enclosing
walls and roof, permanently affixed to the land.
BUILDING COVERAGE
The maximum horizontal area covered by buildings at or above
grade.
BUILDING SETBACK LINE
A line within a lot, so designated on a subdivision plan or land development plan between which line and the ultimate right-of-way line, no building or other structure or portion thereof, except as provided in Chapter
340, Zoning, may be erected above ground level.
CALIPER
Diameter of a tree's trunk measured 12 inches above
the ground.
CARTWAY
The portion of a street or alley intended for vehicular use.
COMMON OPEN SPACE
A parcel or parcels of land, or a combination of land and
water within a development site designed and intended for the use
or enjoyment of residents of a development, not including streets,
off-street parking areas and areas set aside for public facilities.
COMMON PARKING
Any parking area used by three or more dwelling units and
having space for six or more motor vehicles.
COMPREHENSIVE PLAN
Maps, charts, descriptive matter officially adopted by the
Borough showing, among other things, recommendations for the most
appropriate use of land; for the most desirable density of population;
for a system of thoroughfares, parkways, and recreation areas; for
the general location and extent of facilities for water, sewer, light,
and power; for the general location, character and extent of community
facilities.
CONDOMINIUM
An estate in real property consisting of an individual interest
in a portion of a parcel, together with a separate interest in a space
within a structure and possible immediately adjacent exterior space
outside the structure. This form of ownership may be applied in residential,
professional office, commercial and industrial land use.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
CORNER LOT
A lot at the point of intersection of and abutting on two
or more intersecting streets, the angle of intersection being not
more than 135°. It is the land occupied or to be occupied by the
corner building and its accessory buildings.
CUL-DE-SAC
A street with access at one end and terminated at the other
by a paved vehicular turnaround.
CURB LINE
The outermost edge of a cartway or road.
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.
DENSITY
The number of dwelling units (persons, families or dwellings)
per gross acre or developable acre (whichever may apply).
DEVELOPER
Any landowner, agent or such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
or land development.
DEVELOPMENT or LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
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
(b)
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.
(3)
Development involving:
(a)
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;
(b)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
(c)
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
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.
The phrase "provisions of the development plan" shall mean the written
and graphic materials referred to in this definition.
DRAINAGE
The natural or man-made features of the land that are specifically
designed to store or carry surface water runoff.
DRIVEWAY
A private way for vehicular and pedestrian access between
a public street and a parking area within a lot or property.
DWELLING
A building designed for and occupied exclusively as a dwelling
for one family.
DWELLING UNIT
A building or portion thereof providing complete housing
facilities for one family.
EASEMENT
A right-of-way or other right granted by a property owner
for the use of a designated part of his property for certain public
or quasi-public purposes.
ENDORSEMENT
The review stamp of the Montgomery County Planning Commission.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
EROSION
The removal of surface materials by the action of natural
elements.
EXCAVATION
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated or bulldozed, as well as
the conditions resulting therefrom.
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 therefrom.
FLOOD
A temporary condition of partial or complete inundation of
normally dry land area.
FLOODPLAIN
That area defined in the Floodplain Conservation District of Chapter
340, Zoning, Article
XX; the floodplain definition contained therein is made part of this chapter by reference.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Such measures are set forth
in floodproofing regulations published by the Office of the Chief
Engineers, U.S. Army, Publication Number EP 1165 2 314 (June 1972,
and as subsequently amended). Floodproofing measures for all new construction
and substantial improvements of structures shall satisfy the requirements
of the completely dry spaces (W1) and essentially dry spaces (W2)
classes referenced in these regulations. In said publication, where
reference is made to "below" (or above), the BFD (base flood datum)
it shall be interpreted as meaning below (or above) the base flood
elevation.
FRONTAGE
The length of the lot line abutting a public or private right-of-way.
GRADE
A slope of a street or parcel of land specified in percent
and shown in plans specified herein.
GROSS FLOOR AREA
The total area included within the exterior walls of a building,
exclusive of open courts.
GROUND COVER
Natural mulch or non deciduous or low-growing plants installed
or planted in such a manner as to provide a continuous cover over
the ground.
HEIGHT
A building's vertical measurement from the mean level
of the ground surrounding the building to a point midway between the
highest and lowest points of the roof.
IMPROVEMENT
Grading, paving, curbing, streetlights and signs, fire hydrants,
wells, water mains, sanitary sewers, storm drains, sidewalks, parking
areas, landscaping or recreation area.
LANDOWNER
The legal or beneficial owner or owners of land, or a building
thereon, or a portion of either, including the holder of an option
or contract to purchase (whether or not such option or contract is
subject to any condition), a lessee if he is authorized under the
lease to exercise the rights of the landowner, or other person having
a proprietary interest in land, shall be deemed to be a landowner
for the purposes of this chapter.
LOT
A parcel of land which is occupied or is to be occupied by one principal building or other structure or use, together with any accessory building or structures or uses customarily incidental to such principal building or other structure or use, and any such open spaces as are arranged or designed to be used in connection with such principal building or other structure or use, such open spaces and the area and dimensions of such lot not being less than the minimum specified in Chapter
340, Zoning.
LOT AREA
The total horizontal area of the lot lying within the lot
lines, provided that no area of land lying within any street line
shall be deemed a portion of any lot area; the area of any lot abutting
a street shall be measured to the ultimate right-of-way.
MATURE TREE
Any tree of 12 inches or more in caliper, 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 municipality.
MOBILE HOME
A single-family detached dwelling intended for permanent
occupancy, which may not meet local building codes but does meet the
standards set by the U.S. Department of Housing and Urban Development;
contained in one unit, or in two or more units designed to be joined
into one integral unit capable of again being separated for repeated
towing, which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed
so that it may be used with or without a permanent foundation, including
any roofed addition such as extra rooms, covered patios, porches,
etc.
MODULAR HOME
Any structure designed as a single-family or multifamily
dwelling (except mobile home) which is wholly or in substantial part
made, fabricated, formed or assembled in manufacturing facilities
for installation, or assembly and installation, on the building site
in such a manner that all concealed parts or processes of manufacture
cannot be inspected at the site without disassembly, damage or destruction.
The construction materials and specifications must conform to those
of conventionally built homes.
NEW CONSTRUCTION
Structures for which the start of construction as herein
defined commenced on or after the effective date of this chapter.
This term does not apply to any work on a structure existing before
the effective date of this chapter.
PARKING SPACE
A space for the temporary stopping, standing or storage of one or more motor vehicles, constructed in accordance with §
295-8D of this chapter.
PLAN
A graphic or written representation or document.
PLAN, IMPROVEMENT CONSTRUCTION
A plan showing the construction details of streets, drains, sewers, bridges, culverts, and other improvements as required by this chapter showing the details required by Article
IV of this chapter.
PLAN, LAND DEVELOPMENT
A tentative, preliminary or final plan including written
and graphic material showing the provision for development of a tract,
when plans of subdivision would not be applicable.
PLAN, MINOR LAND DEVELOPMENT
A land development that contains only one residential building with fewer than five dwelling units; has not been part of a land development submitted within the past three years; presently fronts on a physically improved street that is legally open to the public, will not involve the construction of any new street or road, the extension of municipal facilities or the creation of any other public improvements, does not require a variance(s) from Chapter
340, Zoning, for development and is in general conformance with the Borough Comprehensive Plan.
PLAN, MINOR SUBDIVISION
The division of a single lot, tract or parcel of land, not a part of a prior subdivision within the past three years, into no more than two lots, tracts or parcels of land for the purpose, whether immediate or future, of lease, transfer of ownership or the act of building structures and installing site improvements for residential use; such lots shall front on a physically improved street that is legally open to the public, not involve any new street or road or the extension of municipal facilities or the creation of any public improvements; and does not require a variance(s) from Chapter
340, Zoning, for any of the proposed lots on which new construction will or may occur, and is in general conformance with the Borough Comprehensive Plan and other plans.
PLAN, PRELIMINARY
A plan prepared for discussion with the Planning Commission and Borough Council showing the proposed street and lot layout, the deed restrictions, easements and all other items required under Article
IV of this chapter for the entire parcel of land being subdivided and/or developed.
PLAN, RECORD
A plan prepared for recording purposes showing the ultimate right-of-way width of streets, the lot lines, easements, and all other items required under Article
IV of this chapter.
PLAN, TENTATIVE SKETCH
A draft showing proposed streets, lots, or buildings related
to topography, that is to be used as the basis for informal discussion
between the representatives of the Borough Planning Commission and
the subdivider, developer or builder.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days or less than 14 days from the date
of the hearing.
RESERVE STRIP
A parcel of land separating a street from adjacent properties.
RIGHT-OF-WAY
A legal right of passage over another's ground, which
is created by deed or other legal document. It can be a path or thoroughfare
which one may lawfully use, a strip of land devoted to or over which
a public road is built, or land used by a public utility or for other
public purposes.
RUNOFF
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil,
but runs off the surface of land.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
SHRUB
A woody perennial plant having persistent woody stems, branching
from the base.
SIGHT DISTANCE
The distance of unobstructed view along the center line of
a street from four feet above the road surface to the farthest visible
point four inches above the street surface.
SIGHT TRIANGLE
The area of a triangle, whose legs are the sides of the cartway
and an accessway which intersects with it, each being not less than
10 feet long from the point of intersection and whose hypotenuse connects
the two legs.
SLOPE
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
SOIL STABILIZATION
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its engineering properties.
SOIL SURVEY
A report entitled, Soil Survey of Montgomery County, Pennsylvania,
published April 1967, by the Natural Resources Conservation Service,
United States Department of Agriculture, which is available in the
Borough or through the Extension Service, Agricultural Agent, the
Pennsylvania State University in Norristown.
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.
START OF CONSTRUCTION
Land preparation, such as cleaning, grading and filling;
the installation of streets and/or walkways; the excavation for a
basement, footings, piers, or foundations; the installation on the
property of accessory buildings; or the first placement of permanent
construction of a structure on a site, such as the pouring of slabs
or footings. For a structure (other than mobile home) without a basement
or poured footings, the "start of construction" would include the
first permanent framing or assembly of structure or any part thereof
on its piling or foundation.
STREET
A right-of-way, publicly or privately owned, serving primarily
as means of vehicular and pedestrian travel, furnishing access to
abutting properties, which may also be used to provide space for sewers,
public utilities, shade trees and sidewalks.
STREET LINE
The dividing line between a lot and the right-of-way of a
street, legally open or officially recorded by the Borough.
STREET, COLLECTOR
A street connecting local residential streets to primary
arterials and which carries a lesser volume of traffic than a primary
arterial. Streets in industrial and commercial subdivisions shall
generally be considered collector streets.
STREET, HALF
A street of less than the right-of-way and cartway width.
STREET, MARGINAL ACCESS
A street parallel and adjacent to a primary street providing
access to abutting properties by a cartway separated from the primary
street by a reserve strip.
STREET, PRIMARY ARTERIAL
A street intended to move heavy volumes of fast-moving traffic
to and from major attractors within the Borough and/or to serve as
a route for traffic between communities or large areas.
STREET, RESIDENTIAL
A street used primarily as the principal means of access
to local properties and which carries a small volume of traffic.
STRUCTURE
Any form or arrangement of building materials 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 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, or distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
excepted.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either 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 that alteration affects the external dimensions of the structure.
The term does not, however, include either 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
the National Register of Historic Places or a state inventory of historic
places.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the municipal engineer, at least
90% (based on the cost of the requirement improvements for which financial
security was posted pursuant to Section 509 of the Pennsylvania Municipal
Planning Code) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied, or operated
for its intended use.
SURVEY MONUMENT
A specified structure of masonry or steel permanently placed
on or in the ground for surveying reference.
SWALE
A low-lying stretch of land which gathers or carries surface
runoff.
TOPSOIL
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A Horizon."
TRACT AREA
The total acreage within the lot lines, excluding that area
continuously covered by water and rights-of-way of existing public
roads.
TREE
Any woody plant with a well-defined stem at least 2 1/2
inches in caliper measured at a height of 12 inches above the natural
grade.
TREE MASS
A grouping of three or more trees, each at least 2 1/2
inches in caliper within a 100-foot area.
ULTIMATE RIGHT-OF-WAY LINE
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road or highway legally opened
or officially plotted, or between a lot and a privately owned street,
road or way over which the owners or tenants of two or more lots each
held in single and separate ownership have the right-of-way.
USE AREA
Any area of land that is given to one category of land use
and is used to compute the net density of that use.
VEHICULAR USE AREA
Any paved ground surface, except a street, used by any type
of vehicle, whether moving or at rest.
VISUAL SCREEN
A barrier of living or nonliving landscape material put in
place for the purpose of obscuring the view of the premises screened;
also called a "buffer."
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the municipality.
WATERCOURSE
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water, whether natural or man-made.
WOODLAND
A stand of predominantly native vegetation covering at least
one acre, consisting of at least 50% cover of mature trees of varying
size.
YARD
An open, unoccupied space on the same lot with a building,
or other structure or use, open and unobstructed from the ground to
the sky.