Words used in the singular include the plural,
and words in the plural include the singular; words used in the masculine
gender include the feminine, and words in the feminine gender include
the masculine. The word "person" includes natural persons, corporations,
associations and partnerships. The word "building" includes the word
"structure," and both shall always be construed as if followed by
the words "or part thereof." The word "occupied" includes the words
"arranged," "designed" or "intended to be used." The word "may" is
permissive, and the words "shall" and "will" are always mandatory.
[Amended 4-2-1992 by Ord. No. 92-1; 8-13-1998 by Ord. No.
98-4]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter have the meanings indicated:
That which conforms to accepted principles, tests or standards
of nationally recognized technical or scientific authorities.
A building subordinated to the principal building on a lot,
and used for purposes customarily incidental to those of the principal
building.
Any person, other than subdivider or developer, who, acting
as legally empowered representative for the subdivider, submits subdivision
or land development plans for the purpose of obtaining approval thereof.
As applied to a building, any change or rearrangement in
the structural parts or in the exit facilities; or any enlargement,
whether by extension on any side or by increase in height, or the
moving from one location or position to another.
The fastening of a mobile home to its mobile home stand in
order to prevent upset or damage due to wind, erosion, flooding or
other natural forces.
A landowner or developer, as hereinafter defined, who has
filed an application for approval of a subdivision or land development
plan, including his heirs, successors and assigns.
Every application for subdivision or land development, tentative,
preliminary or final, required to be filed and approved prior to start
of construction or development, including application for all permits.[1]
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, buffers may be included as part
of the required setbacks and yard areas. Buffers are divided into
two types:
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 areas.
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, odors, glare, etc., between the sides.
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.
A combination of materials to form a permanent structure
having walls and a roof.
The maximum horizontal area covered by buildings at or above
grade expressed as a percentage of the lot area.
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 285, Zoning, may be erected above ground level. For a rear (interior) lot the building setback line shall be measured from the lot line nearest and most parallel to the ultimate right-of-way line.
The portion of a road intended for vehicular use.
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 roads, off-road
parking areas, and areas set aside for public facilities.
Any parking area used by three or more dwelling units and
having space for six or more motor vehicles.
The Upper Frederick Township Comprehensive Plan, consisting
of maps, charts, written and graphic materials, as well as any revisions
thereto.
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. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners. "Dispose" or "disposition" of a unit is a voluntary
transfer of any legal or equitable interest in that unit, other than
as security for an obligation.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
See "continuing care retirement community (CCRC)," as defined in Chapter 285, Zoning.
[Added 6-13-2013 by Ord. No. 2013-03]
Any enclosed structure which has the purpose of carrying
stormwater and intermittent or constant surface drainage water flow.
A road with access at one end and terminated at the other
by a paved vehicular turnaround.
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.
If the condominium has been created, "declarant"
means:
Any person who has executed a declaration, or
an amendment to a declaration to add additional real estate, other
than persons holding interests in real estate solely as security for
an obligation, persons whose interests in the real estate will not
be conveyed to unit owners, or, in the case of a leasehold condominium,
a lessor who possesses no special declarant rights and who is not
an affiliate of a declarant who possesses special declarant rights.
Any person who succeeds under § 3304
of the Uniform Condominium Act of 1980 (relating to transfer of special
declarant rights) to any special declarant rights.
If the condominium has not yet been created,
"declarant" means any person who offers to dispose of or disposes
of his interest in a unit not previously disposed of.
If a declaration is executed by a trustee of
a land trust, "declarant" means the beneficiary of the trust.
The number of dwelling units per developable acre.
Any landowner or agent of such landowner who makes or causes
to be made a subdivision of land or land development.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile homes, roads and other paving, utilities, dredging,
filling, grading, excavation or drilling operations.
An area bounded by roads, and natural or man-made features.
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,
roads, parking facilities, pedestrian 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.
The natural or man-made features of the land that are specifically
designed to store or carry surface water runoff.
A private way providing for vehicular and pedestrian access
between a public road and a parking area within a lot or property.
A building in which people reside.
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with cooking, living,
sanitary and sleeping facilities.
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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated or bulldozed, as well as,
the conditions resulting therefrom.
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.
See "rear lot."[2]
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the usual and rapid accumulation
of surface waters from any source.
[Added 2-11-2016 by Ord.
No. 2016-03]
All floodplain-related terms shall be as defined in Chapter 140, Floodplain Management; the definitions contained therein are made part of this chapter by reference.
[Added 2-11-2016 by Ord.
No. 2016-03]
The length of the lot line abutting a public right-of-way.
A slope of a street or parcel of land specified in percent
and shown on plans as specified herein. (See "slope.")
The total area included within the exterior walls of a building,
exclusive of open courts.
Natural mulch or nondeciduous or low-growing plants installed
or planted in such a manner as to provide a continuous cover over
the ground.
The height of a building shall be measured from the mean
level of the ground surrounding the building to a point midway between
the highest and the lowest points of the roof; provided, that chimneys,
spires, towers, elevator penthouses, tanks and similar projections
shall not be included in calculating the height.
A device which is part of the frame or attaches to the frame
of a mobile home and connects it to a motorized vehicle for the purpose
of transporting.
Grading, paving, curbing, streetlights and signs, fire hydrants,
wells, water mains, sanitary sewers, storm drains, sidewalks, parking
areas, landscaping or recreation area.
The improvement 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, 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, buildings or building groups
or other features.
A subdivision of land.
The following activities are specifically excluded
from the definition of land development: (i) the conversion of an
existing single-family detached or single-family semidetached dwelling
into not more than three residential units, unless such units are
intended to be a condominium; and (ii) the addition of an accessory
building including, but not limited to, farm buildings, sheds and
garages, on a lot or lots subordinate to an existing principal building;
however, in those instances where the area of the accessory building
exceeds 1,000 square feet, the proposed construction shall be reviewed
by the Township Engineer and Board of Supervisors for the purpose
of determining that the construction will comply with all zoning requirements
and will not result in any adverse impact to the lot or adjacent properties
including, but not limited to, drainage runoff and traffic patterns
and circulations. Any recommendation of the Township Engineer and/or
Board of Supervisors shall be complied with as a condition of the
building permit. All costs of review by the Township Engineer shall
be paid by the applicant. Nothing herein shall preclude the Township
from requiring the submission of a land development plan where the
accessory building exceeds 1,000 square feet, and it is deemed necessary
by the Board of Supervisors.
The legal owner or owners of land, or a building thereon,
or a portion of either.
A designated parcel, tract or area of land established by
a plat or otherwise, as permitted by law, and to be used, developed
and/or built as a unit.
The total horizontal area of the lot lying within the lot
lines; provided, that for the area of any lot abutting a road the
area shall be measured to the ultimate right-of-way line. Lot area
shall exclude any public right-of-way but include the area within
any easement. Lots shall be measured in square feet in lots up to
three acres in size and for lots over three acres it shall be measured
in acres.
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, 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 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.
That part of an individual lot which has been reserved and
prepared for the placement of the mobile 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.[3]
Any advertisement, inducement, solicitation or attempt to
encourage any person to acquire any interest in a unit, other than
as security for an obligation. An advertisement in a newspaper or
other periodical of general circulation, or in any broadcast medium
to the general public, of a condominium not located in this commonwealth,
is not an offering if the advertisement states that an offering may
be made only in compliance with the law of the jurisdiction in which
the condominium is located.[4]
A reasonably level area outside a street right-of-way, available
for the parking of one motor vehicle, and consisting of an all-weather
surface, either covered garage space or uncovered parking lot space,
which has direct access from a street, alley or driveway, exclusive
of passageways, driveways, or other means of circulation or access.
[Amended 1-14-2010 by Ord. No. 2010-02]
A graphic or written representation or document.
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 III of this chapter.
A tentative, preliminary or final plan including written
and graphic material showing the provision for development of a tract.
The division of a single lot, tract or parcel of land, not a part of a prior subdivision within the last three years, into no more than four 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 road that is legally open to the public, not involve any new road or the extension of Township facilities or the creation of any public improvements and requires a variance(s) from Chapter 285, Zoning, for no more than one of the proposed lots on which new construction will or may occur, and is in general conformance with the Township Comprehensive Plan and other plans.
A plan prepared for discussion with the Planning Commission showing the proposed road and lot layout, the deed restrictions, easements and all other items required under Article III of this chapter, for the entire parcel of land being subdivided.
A plan prepared for recording showing all rights-of-way of roads, the lot lines, easements and all other items required under Article III of this chapter.
A draft showing proposed roads, lots, buildings and topography,
that is to be used as the basis for informal discussion between the
representatives of the Township Planning Commission and the owner
or agent.
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of Chapter 285, Zoning.
Any area designated for landscaping purposes.
A formal meeting held pursuant to public notice by the Board
of Supervisors or planning agency, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. 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.
Also known as "interior" or "flag lot." A lot which conforms
in all respects to the dimensional requirements of the district in
which it is located, except that road frontage and access is limited
to an access strip.
A parcel of land separating a road from adjacent properties.
A strip of land, over which are provided access rights for
various purposes, including vehicular travel, storm drainage and utility
lines. "Rights-of-way" are further defined as follows:
LEGAL RIGHT-OF-WAYThe road right-of-way legally in the public domain. Generally, an old, legal right-of-way will be substandard by comparison with current requirements, may overlap the lot as described by deed description and shall be superseded by the ultimate right-of-way.
ULTIMATE RIGHT-OF-WAYThe road right-of-way projected as necessary for adequate handling of current or future traffic volume, as defined in the Township's Official Map Summary and upon approval of a plan in compliance with this chapter, the ultimate right-of-way shall become the legal right-of-way.
A right-of-way, publicly 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. Classifications of roads are defined in § 240-19D.
A road connecting local residential roads to primary arterials
and which carries a lesser volume of traffic than a primary arterial.
Roads in industrial and commercial subdivisions shall generally be
considered collector roads.
The surface water discharge or rate of discharge of a given
watershed after a fall or rain or snow that does not enter the soil
but runs off the surface of land.
The surface water runoff that can be reasonably anticipated
upon maximum development of that area of the watershed located upstream
from the subject tract, as permitted by prevailing zoning or the Township
Comprehensive Plan.
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."
A woody perennial plant having persistent woody stems, branching
from the base.
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 road surface.
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.
Panels specifically designed for the purpose of screening
the underside of a mobile home by forming an extension of the vertical
exterior walls of the mobile home and covering the entire distance
between the bottom of the exterior walls and the ground elevation
below.
The face of an embankment of 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.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its physical properties.
A report entitled, Soil Survey of Montgomery County, Pennsylvania,
published April, 1967, by the Soil Conservation Service, United States
Department of Agriculture which is available through the Extension
Service, Agricultural Agent, the Pennsylvania State University.[5]
See "ultimate right-of-way line."
Any man-made object, constructed or erected, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land (ground improvements excepted).
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, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.[6]
Where, in the judgment of the Engineer, at least 90% 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.
A low lying stretch of land which gathers or carries surface
water runoff.
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."
See "traditional neighborhood design (TND) option within a continuing care retirement community (CCRC)," as defined in Chapter 285, Zoning.
[Added 6-13-2013 by Ord. No. 2013-03]
Any woody plant with a well defined stem bearing leaves or
needles; deciduous or evergreen.
The line parallel to the center line of any public or existing
private road which defines the boundary of the ultimate right-of-way.
Any area of land that is given to one category of land use
and is used to compute the net density of that use.
Any paved ground surface, except a road, used by any type
of vehicle whether moving or at rest.
See "buffer, screen."
A permanent or intermittent stream, river, brook, creek,
channel, or canal, or ditch for water, whether natural or man-made.
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.
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 this chapter, measured from the ultimate right-of-way line.
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line.
A line which locates and delineates the minimum yard setback
requirements, measured from the front, rear and side lot lines.
[1]
Editor’s Note: The former definitions of “base
flood” and “base flood elevation,” which immediately
followed, were repealed 2-11-2016 by Ord. No. 2016-03.
[2]
Editor’s Note: The former definitions of “flood,”
“floodplain” and “floodproofing,” which immediately
followed, were repealed 2-11-2016 by Ord. No. 2016-03.
[3]
Editor’s Note: The former definition of “new construction,”
which immediately followed, was repealed 2-11-2016 by Ord. No. 2016-03.
[4]
Editor’s Note: The former definition of “one-hundred-year
flood,” which immediately followed, was repealed 2-11-2016 by
Ord. No. 2016-03.
[5]
Editor’s Note: The former definition of “start
of construction,” which immediately followed, was repealed 2-11-2016
by Ord. No. 2016-03.
[6]
Editor’s Note: The former definition of “substantial
improvement,” which immediately followed, was repealed 2-11-2016
by Ord. No. 2016-03.
