A.
Unless a contrary intention appears clearly, the following words
and phrases shall have, for the purposes of this chapter, the meanings
given in the following clauses. Any word or phrase not defined specifically
herein is intended to be used with its meaning in standard usage.
B.
For the purpose of this chapter, words and phrases used herein
shall be interpreted as follows:
(1)
Words used in the present tense include the future.
(2)
The word "person" includes a corporation, partnership, association
or other legal entity as well as an individual.
(3)
The word "lot" includes the word "plot" or "parcel."
(4)
The term "shall" is mandatory.
(5)
The words "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designed
to be occupied."
(6)
Words used in the singular number shall include the plural,
and the plural the singular, unless the context indicates clearly
to the contrary.
(7)
The words "Franklin Park Borough" or "Borough" refer to Franklin
Park Borough.
(8)
The word "Commission" and the words "Planning Commission" refer
to the Franklin Park Borough Planning Commission.
(9)
The words "governing body" or "Borough Council" refer to the
Franklin Park Borough Council.
(10)
The words "municipal" or "municipality" refer
to Franklin Park Borough.
(11)
The word "Board" or the words "Zoning Hearing
Board" refer to the Franklin Park Borough Zoning Hearing Board.
B.
AGRICULTURE
AMUSEMENT PARK
BLOCK
CHANNEL
CLEAR SIGHT TRIANGLE
COMMONWEALTH
CONSERVATION DISTRICT (ACCD)
COUNTY
CUL-DE-SAC
CULVERT
DEP
DESIGN STORM
DETENTION BASIN
DEVELOPMENT
DISCHARGE
DISCHARGE CONTROL POINT
DRAINAGE AREA
EROSION
EXCAVATION
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FILL
FRONTAGE
GRADING
GREENWAY LAND
HAZARD
IMPERVIOUS SURFACE
IMPROVEMENT
LAKES AND PONDS
LAND DEVELOPMENT
(1)
(a)
(b)
(c)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
(e)
(f)
LAND DEVELOPMENT, MAJOR
LAND DEVELOPMENT, MINOR
LAND DEVELOPMENT PLAN
LAND DISTURBANCE
LANDSLIDE SUSCEPTIBILITY
MAJOR LAND DEVELOPMENT
MAJOR SUBDIVISION
MINOR LAND DEVELOPMENT
MINOR SUBDIVISION
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MONUMENT
MULTIFAMILY DWELLING
MUNICIPALITIES PLANNING CODE (MPC)
NATIONAL FLOOD INSURANCE ACT (NFIA)
NET ACRE
PERMIT
PRIMARY CONSERVATION AREAS
PROFESSIONAL CONSULTANTS
PUBLIC HEARING
PUBLIC IMPROVEMENTS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
PUBLIC MEETING
PUBLIC NOTICE
RETAINING WALL
RETENTION BASIN
RIGHT-OF-WAY
RIGHT-OF-WAY, ULTIMATE
RUNOFF
SCS
SECONDARY CONSERVATION AREAS
SERVICE BUILDING
SEWER CONNECTION
SEWER RISER PIPE
SITE
SOIL-COVER-COMPLEX METHOD
SOILS ENGINEER
SOIL SURVEY
STEEP SLOPES
STORM SEWER
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SUBDIVISION PLAN
TIME OF CONCENTRATION
TRACT
TRAFFIC IMPACT STUDY (TIS)
WATERCOURSE
WATER SERVICE PIPE
WATERSHED
WETLANDS
WOODLANDS
Unless otherwise specified, all terms defined in Chapter 212, Zoning, shall apply to this chapter. The following definitions shall apply to this chapter:
Growing or producing for sale or use domestic livestock,
farm grains, feed or hay, fruits, vegetables, dairy products, poultry,
eggs, seed crops or other products typical of farm activity of the
locality.
A tract or area used principally as a location for permanent
amusement structures or rides.
A unit of land, usually containing lots, bounded by existing
or proposed streets and public land, railroad rights-of-way, waterways
or any other barrier to the continuity of development.
A natural stream that conveys water; a ditch or open channel
excavated for the flow of water.
A triangular-shaped area of undisrupted vision 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.
The Commonwealth of Pennsylvania.
The Allegheny County Conservation District.
Allegheny County, Pennsylvania.
A dead-end street having a suitable turnaround for the safe
and convenient reversal of traffic movement.
A pipe, conduit or similar structure, including appurtenant
works, which carries a stream under or through an embankment or fill.
Pennsylvania Department of Environmental Protection.
The magnitude of precipitation from a storm event measured
in probability of occurrence (e.g., fifty-year storm) and duration
(e.g., 24 hours) and used in designing stormwater management control
systems.
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate. A detention
basin is designed to drain completely after a storm event.
Any activity, construction, alteration, change in land use
or similar action that affects stormwater runoff characteristics.
Rate of flow, specifically fluid flow; a volume of fluid
flowing from a conduit or channel or being released from detention
storage, per unit of time; commonly expressed in cubic feet per second
(cfs), million gallons per day (mgd), gallons per minute (gpm) or
cubic meters per second (cms).
A point of hydraulic concern, such as a bridge, culvert or
channel section, for which the rate of runoff is computed or measured
in the watershed plan.
The contributing area to a single drainage basin, expressed
in acres, square miles or other units of area; also called a "catchment
area," "watershed" or "river basin"; the area served by a drainage
system or by a watercourse receiving stormwater and surface water.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
The federal agency that is responsible for responding to
national emergencies and that establishes emergency response guidelines
and requirements for states and municipalities to follow.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location, and shall include the conditions resulting therefrom.
That side of a lot abutting on a street and ordinarily regarded
as the front of the lot.
Excavation or fill or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
The portion of a site area that is set aside for the protection
of natural features, farmland, scenic views, and other valuable natural
features.
A danger or potential danger to the life, limb or health
of the general public or an adverse effect or potential adverse effect
on the safety, use or stability of property, waterways, public ways,
structures, utilities and storm sewers used by the general public.
"Hazard" shall also include stream pollution.
Those surfaces with a coefficient of runoff greater than
0.85. All buildings, parking areas, driveways, roads, sidewalks and
any areas in concrete or asphalt shall be considered impervious surfaces
within this definition. In addition, other areas determined by a professional
engineer selected by the municipality to be impervious within the
meaning of this definition will also be classified as impervious surfaces.
Construction of any building or structure, or an addition
or enlargement thereof, as well as any street, driveway, paved area
or stormwater management facility.
Natural or artificial bodies of water which retain water
year round. Artificial ponds shall be created by dams or result from
excavation. The shoreline of such water bodies shall be measured from
the maximum condition rather than permanent pool, if there is any
difference. Lakes are bodies of water two or more acres in extent.
Ponds are bodies of water less than two acres in extent.
The improvement, as defined herein, of one lot or two or more
contiguous lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively;
A single nonresidential building on a lot or lots, regardless
of the number of occupants or tenants, including any structural alteration
to an existing building which results in additional lot coverage;
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 developing streets, common
areas, leaseholds, condominiums, building groups or other features.
Subdivision, as defined herein.
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code.[2]
The following shall not be considered land 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.
Accessory uses and/or structures as defined in Chapter 212, Zoning.
The conversion of an existing single-family dwelling or two-family
dwelling into not more than three dwelling units, unless such units
are intended to be a condominium.
The addition of an accessory building, including farm buildings
less than 600 square feet, on a lot or lots subordinate to an existing
principal building.
An addition to an existing nonresidential structure that totals
less than 10% of the total gross floor area of the existing nonresidential
structure on the site.
The addition or conversion of buildings or rides within the
confines of an amusement park, except the expansion of an amusement
park onto newly acquired acreage.
See "major land development."
See "minor land development."
A plan prepared in accordance with the application requirements
of this chapter for approval of a land development, as defined herein.
Any activity involving grading, tilling, digging or filling
or the stripping of vegetation, or any other activity which causes
land to be exposed to the danger of erosion.
Areas of moderate to high susceptibility to landsliding produced
by the influence of natural and/or man-related activity. Plans for
development within these areas must be submitted by a professional
engineer or landscape architect licensed in the Commonwealth of Pennsylvania,
approved by the governing body.
Any land development not meeting the definition of "minor
land development" and specifically including:
Any subdivision not meeting the definition of "minor subdivision."
Any proposed residential development of fewer than five dwelling
units fronting on an existing street, which does not involve any new
street(s), public or private, or extension of municipal facilities,
new improvements or public easements.
A subdivision plan of not more than five lots, which does
not require provisions for a new street.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
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 thereon of mobile homes.
A concrete form or metal rod used to mark a designated survey
point.
A residential building or portion of a building which contains
three or more dwelling units, including, but not limited to, apartments
and townhouses.
The Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101
through 11202, as reenacted and amended.
This act established the federally backed Flood Insurance
Program. Through the program, homeowners in participating communities
which meet certain standards may purchase flood insurance from private
insurance companies which is then backed by the full faith of the
federal government.
All ground remaining in a development after deducting the
acreage necessary for roads, public infrastructure and community service
facilities.
A permit to construct, alter or extend any development or
building.
Shall consist of wetlands; streams and other watercourses;
ponds and other water bodies; floodplains; steep slopes greater than
25% and slide-prone areas.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
Any improvement, facility or service, together with its associated
public site or right-of-way, necessary to provide transportation,
drainage, public or private utilities, energy or similar essential
services. Any or all of the following shall be considered public improvements:
Grading.
Street pavement.
Curbs and gutters.
Sidewalks.
Crosswalks.
Waterlines.
Sanitary sewer lines and appurtenances.
Storm sewer lines and drainage structures.
Curb returns.
Driveway entrances in the right-of-way.
Guide rails.
Street signs.
Streetlights.
Fire hydrants.
Monuments.
Any prearranged gathering of the Borough Council, its committees,
or any Borough-appointed bodies which is attended or participated
in by a quorum of members held for the purpose of deliberating agency
business or taking official action.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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 be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing. In case of conflict,
the definition of "public notice" contained in the MPC,[3] as the same may be amended from time to time, shall prevail.
A structure composed of concrete, steel or other approved
building material constructed for the purpose of supporting a cut
or filled embankment.
A permanent lake or pond designed to also retard stormwater
by temporarily storing the excess runoff and releasing it at a lower
rate.
A legal street or a public way owned by a unit of government,
acquired by purchase, gift, dedication or condemnation, or owned by
private parties as a private street.
The right-of-way deemed necessary to provide adequate width
for future street, utility and other public improvements.
That part of precipitation which flows over the land.
The Soil Conservation Service, United States Department of
Agriculture.[4]
Shall consist of important natural and/or cultural features
on the site area, in addition to the primary conservation areas, that
are identified during the four-step design process. They shall include,
but not be limited to, mature woodlands; moderately steep slopes of
12% up to 25%; natural heritage areas identified in the Natural Heritage
Inventory; historic features such as old stone walls and foundations;
prime agricultural soils; and areas providing scenic vistas.
A structure housing sanitary, operations, office, recreational,
maintenance and other facilities.
Pipes, fittings and appurtenances from the drain outlet to
the inlet of the corresponding sewer riser pipe of the sewer system.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at a designed point.
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land, which may be adjoining and on which development
has been proposed, is occurring or has occurred.
A method of runoff computation developed by SCS and found
in its publication Urban Hydrology for Small Watersheds, Technical
Release No. 55, SCS, January 1975.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experiences in the
branch of soils engineering.
The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text, Soil Survey Interpretations
of Allegheny County, Pennsylvania, as prepared by the United States
Department of Agriculture Soil Conservation Service et al. When applicable,
"soil survey" shall mean the Soil Survey, Allegheny County, Pennsylvania,
when this publication is completed.
Areas of existing topography, where the difference in elevation
is over 20 feet for each one-hundred-foot horizontal distance or where
the slope equals or exceeds 25% from the top to bottom of the break
in grade.
A system of pipes or other conduits which carries intercepted
surface runoff, street water and other wash waters or drainage, but
excludes domestic sewage and industrial wastes.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development, provided that the subdivision by lease of land
for agricultural purposes into parcels of more than 10 acres, not
involving any new street or easement of access or any residential
dwelling, shall be exempted.
See "major subdivision."
See "minor subdivision."
A plan prepared in accordance with the application requirements
of this chapter for approval of a subdivision, as defined herein.
The time period necessary for surface runoff to reach the
outlet of a subarea from the hydraulically most remote point in the
tributary drainage area.
An area, parcel, site, piece of land or property which is
the subject of a development application.
A study conducted by a professional engineer with training
and expertise in road design and vehicular movement to determine if
the proposed roads in a given development are adequate and how the
additional traffic generated by a development will impact existing
roads to determine if those roads should be upgraded and/or if additional
traffic control measures are warranted.
A stream, intermittent stream, river, creek, channel or ditch
which carries water, whether natural or man-made.
All pipes, fittings, valves and appurtenances from the water
main of the distribution system to the water outlet of the distribution
system.
The entire region or area drained by a river or other body
of water, whether natural or artificial. A "designated watershed"
is an area delineated by the Pennsylvania Department of Environmental
Protection and approved by the Environmental Quality Board for which
counties are required to develop watershed stormwater management plans.
Any area which meets the criteria established in the 1989
Federal Manual for Identifying and Delineating Jurisdictional Wetlands,
as required by the Pennsylvania Department of Environmental Protection
(PA DEP), as the same may be amended or replaced.
Areas, groves or stands of mature or largely mature trees
[i.e., greater than six inches' caliper (diameter) at a height of
14 inches above the ground] covering an area greater than 1/4 of an
acre; or groves of mature trees [greater than 12 inches' caliper (diameter)
at a height of 14 inches above the ground] consisting of more than
10 individual trees.
