For purposes of this chapter, certain words
shall be interpreted as follows:
A.
Words used in the present tense include the future.
B.
The singular number includes the plural, and the plural
includes the singular.
C.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for," and "occupied for."
D.
The word "person" includes an individual, corporation,
partnership, incorporated association, and/or any other similar entity.
E.
The words "include" or "including" shall not limit
the term to the specified examples, but are intended to extend the
meaning to all other instances of like kind and character.
F.
The word "building" shall always be construed as if
followed by the words "or part thereof."
G.
The word "may" is permissive, and the words "shall"
and "will" are always mandatory.
Words and terms used in this chapter shall have
the meanings given in this article. 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.
That which conforms to accepted principles, tests or standards
of nationally recognized technical, scientific, and/or engineering
authorities.
A piece of land which provides physical access to and legal
road frontage for a lot, but which does not comply with the minimum
lot width regulations of this chapter. Access strips shall be a minimum
of 50 feet wide and provide access to rear or interior lots. The area
of an access strip shall not be included in the minimum lot area or
minimum front yard setback required under the provisions of this chapter.
A minor vehicular right-of-way, public or private, on which
no principal structures front, which serves as the secondary means
of access to two or more properties which otherwise front on a public
street.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns. Also, a person who has filed an application for zoning,
building, occupancy or any other type of permit, including his/her
heirs, successors, agents, assigns and/or builders or other persons
responsible for the plans and construction of buildings or other improvements
on any parcel of land. (See "developer" and "landowner.")
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including but not limited to an application for a building permit,
for the approval of a subdivision plan, or for the approval of a development
plan or land development plan.
The date of the day when an application for development is filed with the Township. This date is not necessarily the date when the ninety-day plan review period begins. [See § 425-305G(1).]
See definition under "floodplain-related terms."
An area of land bounded by streets or by a combination of
streets and railroad rights-of-way, waterways or any other physical
barrier to development.
The elected governing body of the Township; also referred
to as "the Supervisors" or "the Board."
An area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them. Unless otherwise specified, buffer may be included as part of the required setbacks and yard areas. Buffers may be further defined and regulated by this or other Township ordinances to include screen and softening buffer categories. See Article V of this chapter for design requirements.
See "applicant."
Any structure, whether built conventionally or in a manner
generally referred to as "mobile," "modular," or "manufactured," having
a roof supported by columns or walls and intended for the shelter,
housing or enclosure of any person, animal, process, equipment, goods
or materials of any kind or nature. (See "structure.")
BUILDING, ACCESSORYA building detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
BUILDING, PRINCIPALA building in which is conducted the principal (main) use of the lot on which it is located.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side and rear yard areas, and encompasses the area of the lot not
found in the yard areas and rights-of-way.
CALIPERA standard measurement of tree trunk diameter used in the grading of nursery stock. Caliper is measured six inches above the ground for trees up to and including four-inch caliper size and 12 inches above the ground for larger sizes.
DIAMETER AT BREAST HEIGHT (DBH or dbh)A measurement of tree trunk diameter for existing trees on a site proposed for subdivision or land development. DBH is measured at 4 1/2 feet above the ground. The measured section should be unbranched and typical of the tree species being measured.
The portion of a street, alley or driveway intended for vehicular
use.
An official of the Township appointed in conformance with
the Second Class Township Code[1] to enforce the regulations of the Township.
All the real property and improvements set aside for the
common use and enjoyment of the residents, including, but not limited
to, buildings, open land, private roads, parking areas, walkways,
recreation areas, landscaped areas, drainage easements, and any utilities
that service more than one unit, such as sewer and water facilities.
See "open space, common."
The Upper Perkiomen Valley Regional Comprehensive Plan, adopted
in 2001, and amendments thereto, including maps, charts and/or descriptive
matter, intended to express Township policies to guide future development
of the Township and including all elements required by the Pennsylvania
Municipalities Planning Code.[2]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Any street with only one access from a through street.
A drain, ditch or conduit, not incorporated in a closed system,
that carries drainage water under a driveway, roadway or paved area.
The elevation of the top of a curb at a given point with
a reference to a designated datum.
The outermost edge of a cartway, equivalent to the edge of
paving where curbs are not utilized.
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.
See "stormwater basins."
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures; the placement
of manufactured homes; streets and other paving; utilities; filling,
grading, excavation, mining, dredging or drilling operations; or the
storage of equipment or materials; and the subdivision of land.
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.
The natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
A private cartway providing vehicular access between a public
street and a lot, property or development.
A 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.
A vertical distance above or below a fixed reference level;
or a flat scale drawing of the front, rear or side of a building.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and competent in the fields encompassed by this chapter.
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated or bulldozed, as well as
the conditions resulting therefrom.
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a freestanding wall.
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.
All floodplain-related terms shall be as defined in Chapter 240, entitled "Floodplain Management."
[Amended 8-11-2009 by Ord. No. 2009-06; 2-9-2016 by Ord. No. 2016-02]
The uprooting or removal of more than four trees of greater
than six inches in diameter per acre from any lot for the purpose
of allowing or encouraging the natural regeneration or preservation
of a tree stand on a lot which has a gross area prior to any subdivision
or land development of more than three acres, and which is undertaken
in compliance with a harvesting plan approved by Montgomery County
Conservation District.
[Added 10-16-2007 by Ord. No. 2007-09]
The length of the lot line abutting a street right-of-way.
The elevation of finished ground or paving; the slope of
a street, parcel of land, utility lines, drainageways, etc., specified
in percent and shown on plans as required herein.
A linear open space associated with a natural corridor, such
as a riverfront, stream valley, or a ridgeline, or along a built feature,
such as a railroad right-of-way, a canal, and a scenic roadway. A
greenway connects unique natural, historic, scenic and recreation
areas by means of a natural or landscaped corridor.
Low-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. Nonplant ground cover may also include
bark or wood chips, gravel and stone, provided they are maintained
as a continuous pervious cover.
The point at which vehicular traffic enters or exits a public
right-of-way from an abutting land use.
The physical additions, installations and changes required
to render land suitable for the use proposed, including, but not limited
to, streets, curbs, sidewalks, utilities and drainage facilities.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
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.
A subdivision of land.
Except that, the following activities shall
not be considered land development:
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.
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition); a lessee if he is
authorized under the lease to exercise the rights of the landowner;
or other person having proprietary interest in land.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed, built
upon, leased and/or transferred as a unit, for which a deed description
is recorded or is intended to be recorded at the Office of the Recorder
of Deeds for Montgomery County.
The horizontal land area of a lot, further defined as follows:
LOT AREA, GROSSCalculated total horizontal land area contained within the deeded boundaries of a lot. The gross lot area is applicable in determining whether or not a parcel of land contains sufficient land area when referred to as minimum tract size.
Gross lot area minus:
The areas of easements and public and private
rights-of-way, excluding the following: water or sanitary sewer lines
and their ancillary improvements that are not located within the building
envelope and not greater than 20 feet in width.
Ultimate rights-of-way.
The land area of access strips for rear, flag
or interior lots.
Net lot area is the minimum lot area required
for lot size by the various zoning districts.
LOT AREA, BUILDABLENet lot area contained by the building line, minus the area of any land in a floodplain conservation district, in a steep slope conservation district, or in a wetlands area.
A lot having contiguous frontage on two or more intersecting
roads.
A lot which conforms in all respects to the dimensional requirements
of the zoning district in which it is located, except that the only
road frontage and access is limited to 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.
MOBILE HOMEA single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards of the U.S. Department of Housing and Urban Development, as indicated by the structural engineering bulletin(s) provided to the Board of Supervisors by the applicant. It shall be 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. (See also "manufactured home.")
MANUFACTURED OR MODULAR HOMEA structure transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that, such term shall include any structure which meets all the requirements of this paragraph except size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary (HUD) and complies with the standards established under this title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, National Fire Protection Association (NFPA) 501, ANSI 119.1, in effect at the time of manufacture, is required. For the purposes of these provisions, a mobile home shall be considered a manufactured home.
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 that has been so designated
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes in compliance with the applicable
zoning requirements.
A component of a landscape existing or maintained as part
of the natural environment and having ecological value in contributing
beneficially to, among other things, air and water quality, erosion
control, groundwater recharge, noise abatement, visual amenities,
growth of wildlife, human recreation, reduction of climatic stress
and energy costs.
The Upper Hanover Township Open Space and Environmental Resource
Protection Plan Update, adopted in 2006, or any successor plan thereto.
It may also be referred to as the "open space plan."
[Amended 2-13-2007 by Ord. No. 2007-01]
Public or private lands and/or water designated for the use
and enjoyment of Township residents and/or the general public, incorporating
natural features such as woodland, water bodies or meadows, and including
Township parks, trails and other recreational facilities, but not
including streets, street rights-of-way, off-street parking areas,
and areas set aside for public facilities. Also includes "common open
space," as defined herein, and other private lands that are available
for the use of Township residents through access easements or other
written agreements. Also known as "open land."
A parcel or parcels of land within a development site designed
and intended for the use or enjoyment of the residents of the development,
not including streets, street rights-of-way, off-street parking areas,
and areas set aside for public facilities. Common open space shall
be substantially free of structures but may contain such recreational
facilities for residents as are shown in the approved development
plan.
A commercial establishment in a shopping center, located
in a freestanding building independent of other buildings, and frequently
near the road frontage of the center. Pad sites are generally characterized
by a need for nearby parking, rapid customer turnover, and vehicular
service bays or drive-through services.
[Added 1-11-2011 by Ord. No. 2010-06]
Any area that is predominantly open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
The Municipalities Planning Code, originally enacted as Act
247 of 1968, which establishes the basic authority for the exercise
of municipal land use controls in Pennsylvania. All subsequent amendments
are included. Abbreviated as "MPC" or "Act 247."[3]
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
The Upper Hanover Township Planning Commission.
A recorded boundary of a lot. Any property line that abuts
a street or other public way shall be measured from the right-of-way.
A parcel of land whose primary function is to separate a
street from adjacent properties, while not being used or capable of
being used as a building lot, open space or recreation area, or legitimate
environmental protection purposes.
See "stormwater basins."
Lotting which extends between two streets of differing classifications,
with vehicular access provided from the lesser street in order to
promote traffic flow and safety on the greater street.
A 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-way."
BANKFULL FLOWThe point above a waterway that defines the maximum height of channel flow of a waterway. It is either determined visually or computed as an elevation using the peak rate of runoff from a two-year storm event.
REFORESTATIONThe process of creating woodlands with three distinct layers of vegetation: canopy trees, understory shrubs or trees, and herbaceous ground-cover plants.
RIPARIAN AREALand adjacent to a stream, lake, pond or other waterway. Riparian areas form the transition between the aquatic and the terrestrial environment.
RIPARIAN BUFFERAreas of trees and other native vegetation surrounding municipally designated surface water bodies, including creeks, lakes, intermittent watercourses, and wetlands which intercept surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and function to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters.
SELECTION CUTTINGA method of removing small groups of trees scattered throughout a woodland in order to retain the biodiversity of the woodland while allowing limited harvesting of trees.
WATERWAYA stream, creek, river, pond, lake or other watercourse or water body.
The distance of unobstructed view along the center line of
a street from the driver's eye-height of 3.5 feet to the furthest
visible point six inches above the street surface.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture.[4]
Any tree of 24 inches in diameters or over, or a specifically
selected tree considered worthy of conservation by the Township because
of species, size, shape, form, historical importance or any other
significant characteristic.
[Added 10-16-2007 by Ord. No. 2007-09]
Facilities designed, constructed or modified to impound stormwater
runoff.
DETENTION BASINA basin that temporarily impounds stormwater runoff to be released at controlled rates.
RETENTION BASINA basin that retains a specified amount of water to be released only through evaporation or infiltration.
Water from rainfall or melting snow in a watershed in excess
of the natural absorbency of that watershed which flows over the ground
surface to collect in streams and channels.
A 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. Includes street, avenue, boulevard, road,
highway, freeway, parkway, lane, alley, viaduct, and any other ways
used or intended to be used by vehicular traffic or pedestrians, whether
public or private.
The dividing line between a lot and a street, identical to
the ultimate right-of-way line.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a development plan is submitted.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes. Ultimate rights-of-way are identified in § 425-403E of Article IV, Design Standards, of this chapter. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Township.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in this chapter.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. The term
"structure" shall include, but not be limited to, buildings, signs,
fences, walls, poles, towers, swimming pools, porches, garages, and
similar objects. "Structure" shall be interpreted as including the
words "or part thereof." (See "building.")
STRUCTURE, ACCESSORYA structure detached from a principal building or structure on the same lot and customarily incidental and subordinate to the principal building or use.
STRUCTURE, PRINCIPALA structure that is the principal (main) use of the lot on which it is located. For example, billboard, radio tower, water tower.
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.
CONVENTIONAL LOTTING, SUBDIVISION OR DEVELOPMENTConventional lotting spreads similar-sized, minimum-dimension building lots rather uniformly across an entire tract, provides no open space or recreation areas, and includes wetlands, floodplains and/or steep slopes in yard areas. The maximum number of lots is determined by "fitting in" as many lots as can be done in compliance with the dimensional standards of the zoning district.
FLEXIBLE LOTTING, SUBDIVISION OR DEVELOPMENTFlexible lotting predetermines the maximum number of building lots, then permits their creation at standards that allow design flexibility, facilitate preservation of natural features, provide visual variety and areas for recreation, and permit clearly defined neighborhoods in a subdivision.
"Open space/clustering" is a form of flexible
lotting that requires common open space areas.
"Lot averaging" is a form of flexible lotting
that permits preservation of open space on privately owned lots, some
of which may be significantly larger than the minimum dimensional
standards require.
MAJOR SUBDIVISIONAll subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots; or any size subdivision requiring any new street or extension of the municipal facilities or the creation of public improvements.
MINOR SUBDIVISIONAny subdivision containing not more than three lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities or the creation of public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Ordinance or other pertinent regulations. Minor subdivisions are regulated by § 425-309 of this chapter and include lot line adjustments and simple conveyances, as defined herein.
Lot line adjustment. A proposal between two
abutting, existing, legally approved and recorded lots in which a
lot line between the two lots is proposed to be adjusted in terms
of its location or configuration. Reasons for lot line adjustments
include:
Correcting errors regarding locations of existing
improvements (e.g., if the driveway for Lot No. 1 is located on Lot
No. 2);
Relating the line to definitive physical characteristics
(e.g., to adjust the line to run along an existing hedgerow); and
Preferences of the landowners involved.
Simple conveyance. A proposal between two abutting,
existing, legally approved and recorded lots in which a portion of
one lot is being divided off to be conveyed to the owner of the abutting
lot. The land area to be conveyed in a simple conveyance may not comply
with one or more of the dimensional standards of the district in which
the lots are located.
A land surveyor, licensed as such in the Commonwealth of
Pennsylvania and competent in the skills needed to conduct the surveys,
lay out the subdivision plans and install all markers required by
the terms of this chapter.
The dividing line between a lot and the outside limit of
the ultimate right-of-way of a public street. Identical with "front
lot line" and "street line."
A barrier whose purpose is to obscure a view; generally comprised
of plant materials suitable for the purpose.
A natural or man-made area containing and retaining water
year round, such as a pond or lake.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales and rivers.
Those areas that are inundated and saturated by surface water
or groundwater at a frequency and duration sufficient to support (and
that under normal circumstances do support) a prevalence of vegetation
typically adapted for life in saturated soil conditions; includes
swamps, marshes, bogs and similar areas. Identification of wetlands
should be based upon the "Federal Manual for Identifying and Delineating
Wetlands," an interagency publication of the Corps of Engineers, Environmental
Protection Agency, Fish and Wildlife Service, and Soil Conservation
Service, dated January 1989 (or subsequent revisions).
Areas, groves or stands of mature or largely mature trees
(i.e., larger than six inches in DBH) covering an area greater than
1/4 acre, or groves of mature trees (greater than 12 inches in DBH)
consisting of more than 10 individual specimens.
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
(see "building envelope"). A yard is measured at right angles from
the right-of-way or lot line to the nearest building wall. "Yard"
is further defined as follows:
FRONT YARDA yard which extends across the full width of a lot for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the ultimate right-of-way line. For "flag," "rear" or "interior" lots, the front yard shall be oriented as parallel or concentric to the street from which access is provided, as is feasible, along the intervening property 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 ultimate right-of-way, rear and side
lot lines.
The person or agency appointed by the Board of Supervisors
to administer and enforce the provisions of the Zoning Ordinance.
The term "Zoning Officer" shall also include any duly appointed staff
or assistants.
