Words used in the singular include the plural,
and words used 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 "of 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 11-26-1990 by Ord. No. 217; 2-28-2000 by Ord. No.
305]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated:
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 same
lot, and used for purposes customarily incidental to those of the
principal building.
AGENT
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.
ALTERATION
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.
ANCHORING
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.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for approval of subdivision or land development
plan, including his heirs, successors and assigns.
APPLICATION FOR SUBDIVISION OR DEVELOPMENT
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.
BANKFULL FLOW LEVEL
The elevation of the water level from a two-year storm event.
This can be visually determined as the top of the stream bank or can
be computed for the watercourse.
[Added 5-13-2002 by Ord. No. 338]
BASE FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter and other
ordinances have been prepared; for purposes of this chapter, the one-hundred-year
flood, as referenced in the current Flood Insurance Study, Upper Pottsgrove
Township, prepared by the Federal Emergency Management Agency, Federal
Insurance Administration.
BASE FLOOD ELEVATION
The one-hundred-year flood elevation as referenced in the
Flood Insurance Study, prepared by the Federal Emergency Management
Agency, Federal Insurance Administration. Within the approximated
floodplain the one-hundred-year flood elevation shall be established
as a point on the boundary of the approximated floodplain nearest
to the construction site in question.
BIO-RETENTION AREA
Area consisting of sand and soil mixtures and planted with
native plants which filter a variety of pollutants from stormwater
runoff from overland flows or from a diversion structure.
[Added 5-13-2002 by Ord. No. 338]
BIO-SWALE AREA
A constructed open-channel drainageway vegetated with wet
tolerant grasses or other vegetation suitable for pollutant filtration
and also intended to increase stormwater infiltration. A bio-swale
can be installed as a planter strip in parking lots to collect and
filter the first 1/2 inch of rainfall off the paved surfaces.
[Added 5-13-2002 by Ord. No. 338]
BOLLARDS
A short, thick post used to prevent the movement of cars
and trucks onto or into an area.
[Added 5-13-2002 by Ord. No. 338]
BUFFER
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 area. Buffers are divided into two
types:
A.
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.
B.
BUFFER SCREENA buffer screen 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.
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 combination of materials forming any structure which
is erected on the ground and permanently affixed thereto, designed,
intended, or arranged for the housing, sheltering, enclosing, or structurally
supporting persons, animals, or property of any kind.
BUILDING COVERAGE
The maximum horizontal area covered by buildings at or above
grade expressed as a percentage of the lot area.
BUILDING SETBACK LINE
A line within a property defining the minimum required distance between any building or structure (except as may be otherwise permitted by the Zoning Ordinance (Chapter
350), within which no building or structure may be erected above the ground level. Such line shall be measured at right angles from the street right-of-way line and shall be parallel to said right-of-way line. For a rear (interior) lot, the building setback line shall be measured from the nearest and most parallel lot line to the right-of-way line.
CALIPER
Caliper of the trunk is a diameter measurement taken six
inches above the ground up to and including four inches caliper size,
and 12 inches above the ground for larger sizes. Caliper of trees
is a standard measurement used in the grading of nursery stock.
[Added 5-13-2002 by Ord. No. 338]
CANOPY TREE
Large, shade trees with deciduous foliage (leaves lasting
only one growing season, bare in winter), generally reaching at least
forty feet in height at maturity.
[Added 5-13-2002 by Ord. No. 338]
CARTWAY
The portion of the street right-of-way, paved or unpaved,
intended for vehicular use.
COMMON OPEN SPACE
A parcel or parcels of land, or an area of water, 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.
COMMON PARKING
Any parking area used by three or more dwelling units and
having space for six or more motor vehicles.
COMPREHENSIVE PLAN
The Upper Pottsgrove Township Comprehensive Plan, consisting
of maps, charts, written and graphic materials, as well as any revisions
thereto.
CONDOMINIUM
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 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.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
alteration or relocation of a building or structure, including the
placement of mobile homes.
CUL-DE-SAC
A road with access at one end and terminated at the other
end by a paved vehicular turnaround.
CULVERT
Any enclosed structure which has the purpose of carrying
stormwater and intermittent or constant surface drainage water flow.
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.
DBH or dbh
Diameter at breast height; a measure of trunk diameter in
inches, taken at 4 1/2 feet above the ground. The measured section
should be unbranched and representative of the typical age of the
tree species. Dbh measurement is applied to existing trees (compared
to caliper used for nursery stock).
[Added 5-13-2002 by Ord. No. 338]
DECLARANT
A.
If the condominium has been created "declarant"
means:
(1)
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.
(2)
Any person who succeeds under 68 Pa.C.S.A. § 3304
of the Uniform Condominium Act of 1980 (68 Pa.C.S.A. § 3101
et seq.), relating to transfer of special declarant rights, to any
special declarant rights.
B.
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.
C.
If a declaration is executed by a trustee of
a land trust, "declarant" means the beneficiary of the trust.
DENSITY
The number of dwelling units per developable acre.
DEVELOPER
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 land development.
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.
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,
roads, parking facilities, pedestrianways, 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 FACILITIES
The natural or man-made features of the land that are specifically
designed to store or carry surface water runoff.
DRIVEWAY
A private way providing for vehicular and pedestrian access
between a public road and a parking area within a lot or property.
DWELLING
A building or structure designed to be occupied as living
quarters.
DWELLING UNIT
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.
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.
ECOLOGICALLY SIGNIFICANT WOODLANDS
A natural woodland area that may have an exemplary forest
plant community or support a rare or endangered species. Woodland
sites listed in "A Natural Areas Inventory of Montgomery County Pennsylvania,"
in the Pennsylvania Natural Diversity Index (PNDI), along steep slopes
and/or riparian corridors would be considered ecologically significant
woodlands.
[Added 5-13-2002 by Ord. No. 338]
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
EROSION
The removal of surface materials by the action of natural
elements.
EVERGREEN TREE
A woody plant capable of reaching a minimum mature height
of 20 feet; with foliage (needles) persistent for more than one full
year, resulting in year-round (evergreen) foliage screening capacity.
[Added 5-13-2002 by Ord. No. 338]
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
a normally dry land area.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Such measures are set forth
in floodproofing regulations published by the Office of the Chief
Engineers, U.S. Army Publication Number EP1165 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, respectively, the
base flood elevation.
FLOODPLAIN
That area defined in the Floodplain District of the Township Zoning Ordinance (Chapter
350); the floodplain definition contained therein is made part of this chapter by reference.
FOREST DENSITY SURVEY
A method to estimate the number and size of trees in a wooded
area. All trees in a sample area are counted and their trunk diameters
measured. The sample is then used to calculate an estimate of the
trees for the entire wooded area.
[Added 5-13-2002 by Ord. No. 338]
FRONTAGE
The length of the lot line abutting a public right-of-way.
GRADE
A slope of a street or parcel of land specified in percent
(%) and shown on plans as specified herein. See "slope."
GROSS FLOOR AREA
The total area included within the exterior walls of a building,
exclusive of open courts.
GROUND COVER
Natural mulch or nondeciduous or low-growing plants installed
or planted in such a manner as to provide a continuous cover over
the ground.
HEDGEROW
Typically, a narrow linear vegetated area with a mix of woody
trees and shrubs formed along farm fields and pastures. Hedgerows
may be considered as a desirable visual characteristic of a rural
landscape, warranting preservation during the land development process.
[Added 5-13-2002 by Ord. No. 338]
HEIGHT
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.
HITCH
A device which is part of the frame or attached to the frame
of a mobile home and connects it to a motorized vehicle for the purpose
of transporting.
IMPROVEMENT
Grading, paving, curbing, streetlights and signs, fire hydrants,
wells, water mains, sanitary sewers, storm drains, sidewalks, parking
areas, landscaping or recreation areas.
LAND DEVELOPMENT
A.
The improvement of one or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure.
(2)
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.
C.
The term "land development" shall not include:
[Added 3-25-2002 by Ord. No. 337]
(1)
The conversion of an existing single-family
detached dwelling or single family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium;
(2)
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building; or
(3)
The addition or conversion of buildings or rides
within the confines of an enterprise which would be considered an
amusement park. For purposes of this subsection, an "amusement park"
is defined as a tract or area used principally as a location for permanent
amusement structures or rides. This exclusion shall not apply to newly
acquired acreage by an amusement park until initial plans for the
expanded area have been approved by proper authorities.
LANDOWNER
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 conditions), 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.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
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 area within the ultimate right-of-way but include the
area within any other 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.
MATURE TREE
Any tree of eight inches or more in dbh, whether standing
alone, in tree masses, or woodlands. A mature tree shall be a healthy
specimen and shall be a desirable species, as determined by the municipal
consultant/arborist/forester.
[Added 5-13-2002 by Ord. No. 338]
MINIMIZE
To reduce to the smallest amount possible. "Minimize" may
not mean to eliminate but rather that the most substantial efforts
possible under the circumstances have been taken to reduce the adverse
effect of the action (such as grading, clearing, construction, etc.).
[Added 5-13-2002 by Ord. No. 338]
MOBILE HOME
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.
MOBILE HOME LOT
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.
MOBILE HOME PARK
A parcel or contiguous parcels of land so designed and improved
that it contains two or more mobile home lots for the placement thereon
of mobile homes.
MOBILE HOME STAND
That part of an individual lot which has been reserved and
prepared for the placement of the mobile home.
MODULAR HOME
Any structure designed as a single-family or multifamily
dwelling (except mobile home) which 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.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Act
of May 2, 1945, P.L. 382, No. 164, known as the "Municipality Authorities
Act of 1945."
NEW CONSTRUCTION
Structures for which the "start of construction," as defined
in this section, 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.
OFFERING
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.
ONE-HUNDRED-YEAR FLOOD
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in any year. For the purposes of this
chapter, the one-hundred-year flood (base flood) as defined by the
Federal Emergency Management Agency, Federal Insurance Administration,
in the current "Flood Insurance Study, Upper Pottsgrove Township."
PARKING ROW
A single row of more than one parking space. Parking spaces
on two sides of the same aisle (double loaded) count as two rows.
[Added 5-13-2002 by Ord. No. 338]
PARKING SPACE
A space, surfaced to whatever extent necessary to permit
use under all normal seasonal conditions of weather, available for
the parking of one motor vehicle.
PARKING STALL
See "parking space."
[Added 5-13-2002 by Ord. No. 338]
PENNSYLVANIA NATURAL DIVERSITY INDEX (PNDI)
Established in 1982 as a joint venture of the Nature Conservancy
(Pennsylvania Science Office), the Pennsylvania Department of Conservation
and Natural Resources and the Western Pennsylvania Conservancy to
establish an inventory data base on outstanding natural habitat types
and sensitive plant and animal species.
[Added 5-13-2002 by Ord. No. 338]
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
III of this chapter.
PLAN, LAND DEVELOPMENT
A tentative, preliminary or final plan including written
and graphic material showing the provisions for development of a tract.
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 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 municipal facilities or the creation of any public improvements and requires a variance(s) from the Zoning Ordinance (Chapter
350) 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.
PLAN, PRELIMINARY
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.
PLAN, RECORD
A plan prepared for recording, showing all rights-of-way or roads, the lot lines, easements, and all other items required under Article
III of this chapter.
PLAN, TENTATIVE SKETCH
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.
PROFESSIONAL CONSULTANT
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.
[Added 3-6-2006 by Ord. No. 391]
PUBLIC NOTICE
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 not be more than 30 days, and the second publication shall not
be less than seven days from the date of the hearing.
REAR LOT
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 are limited
to an access strip.
RESERVE STRIP
A parcel of land separating a road from adjacent properties.
RIGHT-OF-WAY
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:
A.
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.
B.
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.
ROAD
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 §
310-19 of this chapter.
[Amended 4-19-2010 by Ord. No. 442]
ROAD, ARTERIAL
Those which provide for through traffic between areas. They
shall have a minimum right-of-way of 80 feet, appropriately widened
at intersections for turning lanes, channelization, etc., and may
contain:
[Added 4-19-2010 by Ord. No. 442]
A.
Four twelve-foot travel lanes.
B.
Two eight-foot shoulders.
ROAD, COLLECTOR
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.
ROAD, LOCAL
Those which provide for local traffic. They shall have a
minimum right-of-way width of 50 feet. Construction of the road, curbing
and sidewalks shall be in accordance with specifications hereinafter
included.
[Added 4-19-2010 by Ord. No. 442]
RUNOFF
The surface water discharge or rate of discharge of a given
watershed after a rainfall or snow that does not enter the soil but
runs off the surface of land.
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM
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.
SAFE YIELD
The maximum reliable yield available during a drought with
a recurrence interval (TR) of once every 50 years without ultimate
depletion of the source, considering intrusion of water of undesirable
quality, interference with existing water sources and protection of
intended aquifer or in-stream uses.
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 plant, usually with multiple stems, each of which
has a dbh of less than three inches. Shrubs are generally less than
20 feet tall at maturity.
[Amended 5-13-2002 by Ord. No. 338]
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 road 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.
SKIRTS
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.
SLOPE
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.
SOIL STABILIZATION
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its physical properties.
SOIL SURVEY
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, Agriculture Agent, Pennsylvania State University.
START OF CONSTRUCTION
The first placement of permanent construction of a structure
(other than a mobile home) on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation. Permanent
construction work does not include land preservation, such as clearing,
grading and fillings; nor does it include the installation of streets
and/or walkways; nor does it include the excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not as part of the main structure. For a structure (other than
a mobile home) without a basement or poured footings, the "start of
construction" includes first permanent framing or assembly of the
structure or any part thereof on its piling or foundation. For mobile
home subdivisions, "start of construction" is the date which the construction
of facilities for serving the site on which the mobile home is to
be affixed (including at a minimum, the construction of streets, either
final site grading or the pouring of concrete pads, and installation
of utilities) is completed.
STRUCTURE
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).
SUBDIVISION
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 the existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
the distribution to heirs or divisees, 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 residential
dwellings, shall be exempted.
SUBSTANTIAL IMPROVEMENT
A.
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.
B.
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:
(1)
Any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions.
(2)
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 Township 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.
SWALE
A low-lying stretch of land which gathers or carries surface
water 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."
TREE
Any woody plant with a well-defined stem bearing leaves or
needles; deciduous or evergreen.
TREE MASS
A grouping of three or more trees, with average eight inches
dbh minimum.
[Added 5-13-2002 by Ord. No. 338]
ULTIMATE RIGHT-OF-WAY LINE
The line parallel to the center line of any public or existing
private road which defines the boundary of the ultimate right-of-way.
UNDERSTORY TREE
Deciduous trees with characteristic flower or foliage color
of ornamental/aesthetic value. Understory trees are generally smaller
(20 to 40 feet mature height) than canopy trees.
[Added 5-13-2002 by Ord. No. 338]
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 road, used by any type
of vehicle whether moving or at rest.
WATERCOURSE
A permanent or intermittent stream, river, bank, creek, channel,
or canal, or ditch for water, whether natural or man-made.
WOODLAND
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater. Woodlands
can be characterized as containing at least 100 trees with at least
50% of those trees having a two-inch dbh or greater.
[Added 5-13-2002 by Ord. No. 338]
YARD
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:
A.
FRONT YARDA yard which extends across the full width of the 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.
B.
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.
C.
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.
YARD LINE
A line which locates and delineates the minimum yard setback
requirements, measured from the front, rear, and side lot lines.