Township of Franconia, PA General Provisions

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

[Amended 3-10-1980 by Ord. No. 97; 9-14-1987 by Ord. No. 136; 11-12-1990 by Ord. No. 177; 7-12-1993 by Ord. No. 196; 12-12-1994 by Ord. No. 215; 4-14-1997 by Ord. No. 251; 7-14-1997 by Ord. No. 255; 3-8-1999 by Ord. No. 271; 5-16-2005 by Ord. No. 331; 8-18-2014 by Ord. No. 377]

General usage. 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 "owner" shall mean a person who is the registered owner of real estate to be subdivided and/or developed in accordance with the provisions of this chapter. The word "street" indicates "road." 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. The word "township" means the Township of Franconia, Montgomery County, Pennsylvania; the term "Board of Supervisors" means the Board of Supervisors of the Township of Franconia; and the term "Zoning Hearing Board" means the Zoning Hearing Board of the Township of Franconia. The word "Authority" means the Franconia Sewer Authority.

Definition of terms. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated:

ACCELERATED EROSION

The removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone.

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 a lot and used for purposes customarily incidental to those of the principal building.

AGRICULTURAL ACTIVITIES

The work of producing crops and raising livestock including tillage, plowing, disking, harrowing, pasturing and installation of conservation measures. Construction of new buildings or impervious area is not considered an agricultural activity

ALLEY

A right-of-way on which no structures front, serving as the secondary means of access to two or more properties.

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 any increase in height; or the moving from one location or position to another. As applied to land, a change in topography as a result of the moving of soil and rock from one location or position to another; also the changing of surface conditions by causing the surface to be more or less impervious; land disturbance.

ANCHORING

The fastening of the 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 person as landowner, equitable landowner, or developer, as hereinafter defined, who has filed an application for approval of a subdivision, development plan, regulated earth disturbance activity, or other regulated activity defined herein, including his heirs, successors and assigns under this chapter.

APPLICATION FOR DEVELOPMENT PLAN

Applications required to be filed and approved prior to the start of subdivision or development.

AS-BUILT DRAWINGS

Engineering or surveyed site drawings maintained by the project contractors and layout surveyor during construction of the project and upon which documentation of the actual constructed locations of the buildings, site improvements and changes to the original approved final plans are noted. A licensed professional engineer or land surveyor shall review contractor's and layout surveyor's records for completeness which are to be added to polyester film copies for filing with the Township.

BANKFULL

The channel top-of-bank, or point from where water begins to overflow onto a floodplain.

BASEFLOW

Portion of stream discharge derived from groundwater; the sustained discharge that does not result from direct runoff or from water diversions, reservoir releases, piped discharges, or other human activities.

BEST MANAGEMENT PRACTICE (BMP)

Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated earth disturbance activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this chapter. Nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.

BIORETENTION

A stormwater retention area that utilizes woody and herbaceous plants and soils to remove pollutants before infiltration occurs.

BLOCK

An area bounded by streets.

BOARD

The Board of Supervisors of Franconia Township, Montgomery County, Pennsylvania.

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 areas. Buffers are divided into three types:

(1)

OPEN BUFFERA buffer normally comprised of grass, ground cover and/or possibly other landscaping material having a specified depth, but not necessarily having significant vertical components to achieve a certain height or density, the purpose of which is to achieve adequate spacing and attractive landscaping between two or more actively used areas.

(2)

SCREEN BUFFERA buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to effectively block the view from one side to another during all seasons of the year and to reduce the transmittal of noise and odors between the sides.

(3)

SOFTENING BUFFERA buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to ease and soften.

BUFFER (RIPARIAN)

The area of land immediately adjacent to any stream, measured perpendicular to and horizontally from the top-of-bank on both sides of a stream. (See "top-of-bank.")

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. A builder is not necessarily the owner.

BUILDING

A combination of materials to form a permanent structure having walls or supports and a roof. Included shall be all mobile homes and trailers used for human habitation.

BUILDING COVERAGE

The maximum horizontal area covered by buildings at or above grade.

BUILDING ENVELOPE

The building envelope shall exclude the area of any required setbacks, buffer yards and natural resource protected land specified in this chapter. The purpose of identifying a building envelope is to provide sufficient area for the general location of the building, driveway, patio, other improvements and site alterations while meeting natural resources protection standards and minimum setback requirements of this chapter.

[Added 11-19-2018 by Ord. No. 400]

BUILDING SETBACK LINE

The line which establishes the minimum depth of front yard for a particular district, set forth in Chapter 145, Zoning, as measured from the ultimate right-of-way line.

CALIPER

Diameter of a tree's trunk measured 12 inches above the ground.

CARTWAY

The portion of a street or alley intended for vehicular use; the traveled part of the street, not including shoulders.

CENTRALIZED WATER SYSTEM

Water supply system(s), either publicly or privately owned, that serve the public, meaning service is not restricted by type of user or land use.

CHANNEL

An open drainage feature through which stormwater flows. Channels include, but shall not be limited to, natural and man-made drainageways, swales, streams, ditches, canals, and pipes flowing partly full.

CHANNEL EROSION

The widening, deepening, or headward cutting of channels and waterways caused by stormwater runoff or bankfull flows.

CISTERN

An underground reservoir or tank for storing rainwater.

CODE OF REGULATIONS

Such governing regulations as are adopted pursuant to this chapter for the regulation and management of condominium properties, including amendments thereof as may be adopted from time to time.

COMMON ELEMENTS

Includes (in reference to Article V):

(1)

The land on which the building is located and portions of the building which are not included in a unit.

(2)

The foundations, structural parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways and entrances and exits of the building.

(3)

The yards, parking areas and driveways.

(4)

Portions of the land and buildings used exclusively for the management, operation or maintenance of the common elements.

(5)

Installation of all central services and utilities.

(6)

All apparatus and installations existing for common use.

(7)

All other elements of the building necessary or convenient to its existence, management, operation, maintenance and safety or normally in common use.

(8)

Such facilities as are designated in the declaration as "common elements."

COMMON OPEN SPACE

A parcel or parcels of land or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities. The common open space shall essentially be free of buildings.

COMMON PARKING

Any parking area used by three or more dwelling units and having space for six or more motor vehicles.

COMPREHENSIVE PLAN

The Franconia Township Comprehensive Plan, consisting of maps, charts and textual matter, as well as any revisions thereto.

CONDOMINIUM

An estate in real property consisting of an individual interest in a space within a structure and/or a portion of property, together with an undivided interest in common elements.

CORNER CLEARANCE

The distance, at an intersection of two highways, between the near edge of the access driveway approach and the point of intersection of the pavement edges or the curbline extended.

CONSERVATION DISTRICT

The Montgomery County Conservation District.

COUNCIL

A homeowners' association or other entity who shall manage the business, operation and affairs of a condominium property on behalf of the unit owners. (Size is to be stated in the code of regulations for the property.)

CROSSWALK

A right-of-way for pedestrian use across a block, connecting two of the bounding streets.

CUL-DE-SAC

A street with access at one end and terminated at the other by a paved vehicular turnaround.

CULVERT

A structure with its appurtenant works, which carries water under or through an embankment or fill.

CURVE NUMBER

A modeling value used in the Hydrological Soil Cover Complex Method. It is a measure of the percentage of precipitation which is expected to run off from the watershed and is a function of the soil, vegetative cover, and tillage method as defined by the NCRS.

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.

DAM

A man-made barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or another fluid or semi-fluid. A dam may include a refuse bank, fill or structure for highway, railroad or other purposes which impounds or may impound water or another fluid or semi-fluid.

DECLARATION

The instrument by which the owner of property submits the property to the provisions of 68 Pa.C.S.A. § 3101 et seq., the Pennsylvania Uniform Condominium Act, and all amendments thereto.

DECLARATION OF REVOCATION

A statement of intent to convert a condominium to a fee simple or rental property or structure, signed by 100% of the unit owners and the holders of all mortgages, judgments or other liens affecting the units.

DECLARATION PLAN

A survey of the property to be submitted to the provisions of 68 Pa.C.S.A. § 3101 et seq., the Pennsylvania Uniform Condominium Act, which shall bear the verified statement of a licensed land surveyor certifying that the declaration plan fully and accurately:

(1)

Shows the property, the location of the building(s) thereon, the building and the layout of the floors of the building(s); including the units and the common elements; and

(2)

Sets forth the name by which the property will be known and the unit designation for each unit therein.

DENSITY

The number of dwelling units per developable acre.

DEP

The Pennsylvania Department of Environmental Protection.

DESIGN PROFESSIONAL (QUALIFIED)

A Pennsylvania registered professional engineer, registered landscape architect or registered professional land surveyor with competency to develop stormwater and watershed management plans and proficient in such design.

DESIGN STORM

The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a five-year storm) and duration (e.g., 24 hours), used in the design and evaluation of stormwater and watershed management systems.

DETENTION BASIN

An impoundment designed to collect and retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. Detention basins are designed to drain completely soon after a rainfall event and become dry until the next rainfall event.

DETENTION DISTRICT

Those subareas of a watershed in which some type of detention is required to meet the Plan requirements and the goals of an Act 167 Plan.

DETENTION VOLUME

The volume of runoff that is captured and released into the waters of the commonwealth at a controlled rate.

DEVELOPABLE ACREAGE

All that land within the lot lines of a tract excluding the following:

[Amended 11-19-2018 by Ord. No. 400; 1-20-2020 by Ord. No. 409]

(1)

Lands located within any public or private right-of-way or the ultimate right-of-way of an existing street as required by this chapter.

(2)

Lands subject to existing easements or rights-of-way.

(3)

Lands subject to open space requirements and/or natural resources to be protected, whichever is greater. The natural resources may be counted towards required open space up to a maximum of 50% of the open space area.

(4)

Existing permanent drainage easements containing an open channel.

DEVELOPER

Any landowner, equitable owner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land, land development or to undertake any regulated earth disturbance activities at a project site in the Township as defined herein.

DEVELOPMENT

See "developer," "development plan," "earth disturbance activity." The term includes redevelopment.

DEVELOPMENT PLAN

The provisions for guiding land alterations and development, including a plan of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of the 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.

DEVELOPMENT SITE

The specific tract of land where any land development, redevelopment or earth disturbance activities in the Township are planned, conducted or maintained.

DIFFUSED DRAINAGE DISCHARGE

Drainage discharge that is not confined to a single point location or channel, including sheet flow or shallow concentrated flow.

DISCHARGE

1. (verb) To release water from a project, site, aquifer, drainage basin or other point of interest; 2. (noun) The rate and volume of flow of water such as in a stream, generally expressed in cubic feet per second. See also "peak discharge."

DISCHARGE POINT

The point of discharge for a stormwater facility.

DISCONNECTED IMPERVIOUS AREA (DIA)

An impervious or impermeable surface that is disconnected from any stormwater drainage or conveyance system and is redirected or directed to a pervious area, which allows for infiltration, filtration, and increased time of concentration as specified in Appendix F, Disconnected Impervious Area.

DISTURBED AREAS

Nonstabilized land area where an earth disturbance activity is occurring or has occurred.

DITCH

A man-made waterway constructed for irrigation or stormwater conveyance purposes.

DOWNSTREAM PROPERTY LINE

That portion of the property line of the lot, tract, or parcels of land being developed, located such that overland or pipe flow from the project site would be directed towards it by gravity.

DCNR

The Pennsylvania Department of Natural Resources and Conservation.

DRAINAGE

The surface flow of storm water over the either on the surface of the land or subsurface through permeable soils and geological formations.

DRAINAGE CONVEYANCE FACILITY

A stormwater and watershed management facility designed to transport stormwater runoff that includes channels, swales, pipes, conduits, culverts, and storm sewers.

DRAINAGE EASEMENT

A right granted by a landowner to a grantee, allowing the use of private land for stormwater and watershed management purposes.

DRAINAGE PLAN

The graphic documentation and supporting technical reports of the stormwater and watershed management system, to be used for a given development site, the contents of which are established in Section 302 and are subject to municipal review and issuance of a drainage permit.

DRIVEWAY

A private way providing for vehicular and pedestrian access between a public street and a parking area within a lot or property.

DWELLING

A building designed and constructed for residential purposes in which people live.

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.

EARTH DISTURBANCE ACTIVITY

A construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, road maintenance, utility excavations, building construction and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.

EASEMENT

The limited use of private land for right-of-way, sanitary or storm facilities, streams, the preservation of natural features, drainage ditches or for access to other parts of the property or open space/recreational areas, where the owner or lessee of the property shall not erect any structure, but shall have the right to make any other use of the land which is not inconsistent with the purpose of the easement.

EMERGENCY SPILLWAY

A conveyance area that is used to pass peak discharge greater than the maximum design storm controlled by the stormwater facility.

ENCROACHMENT

A structure or activity that changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water.

ENDORSEMENT

The review stamp of the Montgomery County Planning Commission.

ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania.

EQUIVALENT RIGHT-OF-WAY

A theoretical right-of-way dimension calculated from the center line of designated private roads, the width of which corresponds to that of public roads performing the same function.

EROSION

The process by which the surface of the land, including channels, is worn away by water, wind, or chemical action.

EROSION AND SEDIMENT CONTROL PLAN

A plan for a project site which identifies BMPs to minimize accelerated erosion and sedimentation.

ESTABLISHED FLOOD LEVEL

A point on the boundary of the flood-prone (floodplain) area which is closest to the development site.

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.

EXCEPTIONAL VALUE WATERS

Surface waters of high quality which satisfy Pennsylvania Code Title 25, Environmental Protection, Chapter 93, Water Quality Standards, § 93.4b(b) (relating to antidegradation).

EXISTING CONDITIONS

[Amended 3-20-2023 by Ord. No. 418]

(1)

The initial condition of a project site prior to the proposed alteration. If the initial condition of the site is undeveloped land, the land use shall be considered as "meadow" unless the natural land cover is proven to generate lower curve numbers or Rational "C" value, such as forested lands.

(2)

The dominant land cover during the five-year period immediately preceding a proposed regulated activity.

EXISTING RECHARGE AREA

Undisturbed surface area or depression where stormwater collects and a portion of which infiltrates and replenishes the groundwater.

FEMA

Federal Emergency Management Agency.

[Added 3-20-2023 by Ord. No. 418]

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 land areas from the overflow of streams, rivers, and other waters of this commonwealth.

FLOOD HAZARD BOUNDARY MAP

A map prepared by the Federal Insurance Administration of the United States Department of Housing and Urban Development designating the boundaries of areas having special flood hazards in Franconia Township. This map should only be used to comply with the pertinent requirements of the National Flood Insurance Program.

FLOODPLAIN

Any land area susceptible to inundation by water from any natural source or delineated by applicable FEMA maps and studies as being a special flood hazard area. Also includes areas that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania DEP Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time by DEP).

[Amended 11-19-2018 by Ord. No. 400; 3-20-2023 by Ord. No. 418]

FLOODPLAIN SOILS (ALLUVIAL SOILS)

Areas subject to periodic flooding or listed on the Official Soil Survey provided by the United States Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/), as soils having a flood frequency other than none. A landowner may submit detailed soil profiles and a report to the Township for the purpose of determining an alluvial soil classification, which the Township may or may not accept as the correct boundary of soils on floodplain.

[Added 11-19-2018 by Ord. No. 400]

FLOODPROOFING

Those measures intended to reduce the risk to persons and property from construction activities in flood-prone areas as set forth in floodproofing regulations published by the Office of the Chief of Engineers, United States Army, publication number EP 1165 2 314 (June 1972 and as subsequently amended). In said publication where reference is made to "below (or above) the RFD (regulatory flood datum)," it shall be interpreted as meaning below (or above) the established flood elevation. Said regulations are contained in the Building Code of Franconia Township, as amended.[1]

FLOODWAY

The channel of a watercourse and those portions of the adjoining floodplains, which are reasonably required to carry and discharge the one-hundred-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top-of-bank.

FLUVIAL GEOMORPHOLOGY

The study of landforms associated with river channels and the processes that form them.

FOREST MANAGEMENT/TIMBER OPERATIONS

Planning and associated activities necessary for the management of forestland. These include timber inventory and preparation of forest management plans, silviculture treatment, cutting budgets, logging road design and construction, timber harvesting and reforestation.

FREEBOARD

A vertical distance between the elevation of the design high-water and the top of a dam, levee, tank, basin, swale, or diversion berm. The space is required as a safety margin in a pond or basin.

GOVERNING BODY

Elected municipal officials of municipalities (e.g., Township supervisors or Township Council or borough council).

GRADE

1. (noun) A slope, usually of a road, channel or natural ground, specified in percent and shown on plans as specified herein. 2. (verb) To finish the surface of a roadbed, the top of an embankment, or the bottom of excavation.

GRASSED WATERWAY

A natural or man-made waterway, usually broad and shallow, covered with erosion-resistant grasses, used to convey surface water.

GREEN INFRASTRUCTURE

Systems and practices that use or mimic natural processes to infiltrate, evapotranspire, or reuse stormwater on the site where it is generated.

[Added 3-20-2023 by Ord. No. 418]

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.

GROUNDWATER

Water beneath the earth's surface that supplies wells and springs, and is often between saturated soil and rock.

GROUNDWATER RECHARGE

Replenishment of existing natural underground water supplies from rain or overland flow.

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.

HEC-HMS — THE U.S. ARMY CORPS OF ENGINEERS, HYDROLOGIC ENGINEERING CENTER (HEC)

Hydrologic Modeling System (HMS). This model was used to model the Neshaminy and Little Neshaminy Creeks Watershed during the Act 167 Plan development and was the basis for the standards and criteria of this ordinance.[2]

HIGH QUALITY WATERS

Surface waters having quality which exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water by satisfying Pennsylvania Code Title 25, Environmental Protection, Chapter 93, Water Quality Standards, § 93.4b(a).

HITCH

A device which is part of the frame or attaches to the frame of a mobile home and connects it to a power source for the purpose of transporting the unit.

HOTSPOTS

An area where land use or activity generates highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Typical pollutant loadings in stormwater may be found in Chapter 8, Section 6, of the Pennsylvania Stormwater Best Management Practices Manual, Pennsylvania Department of Environmental Protection (PADEP), No. 363-0300-002 (2006).

HYDROGRAPH

A graph representing the discharge of water versus time for a selected point in the drainage system.

HYDROLOGIC REGIME

The hydrologic cycle or balance that sustains quality and quantity of stormwater, baseflow, storage, and groundwater supplies under natural conditions.

HYDROLOGIC SOIL GROUP (HSG)

Infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSGs (A, B, C, and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The NRCS defines the four groups and provides a list of most of the soils in the United States and their group classification. The soils in the area of the development site may be identified from a soil survey report that can be obtained from local NRCS offices or Conservation District offices. Soils become less pervious as the HSG varies from A to D.

[Amended 3-20-2023 by Ord. No. 418]

IMPOUNDMENT

A retention or detention basin designed to retain stormwater runoff and release it at a controlled rate.

IMPERVIOUS SURFACE

A surface that prevents the infiltration of water into the ground. "Impervious surface" includes, but is not limited to, any roof, parking or driveway areas, any new streets and sidewalks, decks, patios, and pool surfaces (including water, decking, and equipment pad) unless otherwise determined by the Township Engineer. Any surface areas designed to initially be gravel or crushed stone shall be considered impervious surfaces. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition shall be classified as impervious surface. The runoff curve number for stormwater management calculations, however, may be based on actual surfaces.

[Amended 3-20-2023 by Ord. No. 418]

IMPROVEMENT

Grading, paving, curbing, streetlights and signs, fire hydrants, wells, water mains, sanitary sewers, storm drains, sidewalks, parking areas or landscaping.

INFILL

Development that occurs on smaller parcels that remain undeveloped but are within or very close proximity to urban or densely developed areas. Infill development usually relies on existing infrastructure and does not require an extension of water, sewer or other public utilities.

INFILTRATION

Movement of surface water into the soil, where it is absorbed by plant roots, evaporated into the atmosphere, or percolated downward to recharge groundwater.

INFILTRATION STRUCTURES

A structure designed to direct runoff into the underground water (e.g., French drains, seepage pits, or seepage trenches).

INLET

The upstream end of any structure through which water may flow.

INTERMITTENT STREAM

A stream that flows only part of the time. Flow generally occurs for several weeks or months in response to seasonal precipitation or groundwater discharge.

INTERMEDIATE ISLAND

That section of the roadway right-of-way between the pavement edge or curb and the property line, which occurs between driveways.

KARST

A type of topography or landscape characterized by surface depressions, sinkholes, rock pinnacles/uneven bedrock surface, underground drainage, and caves. Karst is formed on carbonate rocks, such as limestone or dolomite.

LAND DEVELOPMENT

(1)

Any of the following activities:

(a)

The improvement of one lot 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; or

[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.

(b)

A subdivision of land.

(2)

A land development shall not include the following:

(a)

The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.

(b)

The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.

LANDOWNER

The legal or beneficial owner or owners of land, or a building thereon, or a portion of either, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LIMITING ZONE

A soil horizon or condition in the soil profile or underlying strata that includes one of the following:

(1)

A seasonal high water table, whether perched or regional, determined by direct observation of the water table or indicated by soil mottling.

(2)

A rock with open joints, fracture or solution channels, or masses of loose rock fragments, including gravel, with insufficient fine soil to fill the voids between the fragments.

(3)

A rock formation, other stratum or soil condition that is so slowly permeable that it effectively limits downward passage of effluent.

LOT

A designated parcel, tract, or area of land established by a plat or subdivision plan approved by Franconia Township and recorded in the Montgomery County Recorder of Deeds Office.

[Amended 1-20-2020 by Ord. No. 409]

LOT AREA

The area contained within the property lines of the individual lot(s), excluding any area within any public or private right-of-way and required ultimate right-of-way of an existing or proposed street.

[Amended 1-20-2020 by Ord. No. 409]

LOW-IMPACT DEVELOPMENT (LID) PRACTICES

Site design approaches and small-scale stormwater management practices that promote the use of natural systems for infiltration, evapotranspiration, and reuse of rainwater. LID can be applied to new development, urban retrofits, and revitalization projects. LID utilizes design techniques that infiltrate, filter, evaporate, and store runoff close to its source. Rather than rely on costly large-scale conveyance and treatment systems, LID addresses stormwater through a variety of small, cost-effective landscape features located on-site.

[Amended 3-20-2023 by Ord. No. 418]

MAIN STEM (MAIN CHANNEL)

Any stream segment or other runoff conveyance used as a reach in the Neshaminy and Little Neshaminy Creeks hydrologic model.

MANNING EQUATION

A method for calculation of velocity of flow (e.g., feet per second) and flow rate (e.g., cubic feet per second) in open channels based upon channel shape, roughness, depth of flow and slope. "Open channels" may include closed conduits so long as the flow is not under pressure.

MINIMIZE

To reduce to the smallest amount possible. "Minimize" does 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.).

MUNICIPALITY

Franconia Township, Montgomery County, Pennsylvania.

MUNICIPAL STORM SEWER SYSTEM (MS4)

As defined in 25 Pa. Code § 92.1.

MOBILE HOME

A single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards of the Pennsylvania Department of Community and Economic Development and appropriate federal agencies and is certified by them, 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.

MOBILE HOME DEVELOPMENT

A parcel of land under single ownership which has been planned and improved in compliance with the requirements of the Mobile Home Development District for the placement of mobile homes, conventionally built or modular single-family detached homes, or combinations thereof, for nontransient use, consisting of two or more mobile home lots and 15 acres or greater in size.

MOBILE HOME LOT

A parcel of land in a mobile home development, provided with the necessary utility connections, patio and other appurtenances necessary for the erection thereon of a single mobile home, and the exclusive use of its occupants, though it may instead be designed, developed and used for a modular or conventionally built single-family detached home rather than a mobile home.

MOBILE HOME STAND

That part of an individual lot which has been reserved and prepared for the placement of the mobile home.

MODULAR HOME

A single-family or multifamily dwelling intended for permanent occupancy, made by assembling one or more factory-produced three-dimensional sections into an integral living unit, whose construction materials and specifications conform to those of conventionally built units.

MOTOR HOME

A travel trailer which combines the living section and the power source into a single unit.

MUNICIPAL ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for Franconia Township.

MUNICIPALITY

Franconia Township, Montgomery County, Pennsylvania.

NATURAL HYDROLOGIC REGIME

See "hydrologic regime."

NATURAL RECHARGE AREA

Undisturbed surface area or depression where stormwater collects, and a portion of which infiltrates and replenishes the groundwater.

NON-POINT-SOURCE POLLUTION

Pollution that enters a water body from diffuse origins in the watershed and does not result from discernible, confined, or discrete conveyances.

NONSTORMWATER DISCHARGES

Water flowing in stormwater collection facilities, such as pipes or swales, which is not the result of a rainfall event or snowmelt.

NONSTRUCTURAL BEST MANAGEMENT PRACTICE (BMPs)

Methods of controlling stormwater runoff quantity and quality, such as innovative site planning, impervious area and grading reduction, protection of natural depression areas, temporary ponding on site and other techniques.

NONSYSTEM WELLS

On-site well(s) for use by a landowner and not part of a public water system.

NPDES

National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.

NRCS

USDA Natural Resources Conservation Service [previously SCS (Soil Conservation Service)].

[Amended 3-20-2023 by Ord. No. 418]

OFFICIAL MAP SUMMARY

The map of current adoption showing the rights-of-way and approximate location of the lines of existing and proposed public streets for the whole of Franconia Township.

OUTFALL

"Point source," as described in 40 CFR 122.2, and the point where the Township's storm sewer system, or other storm sewer systems, discharges to surface waters of the commonwealth.

OUTLET (STORM SEWER SYSTEM)

Points of water disposal to a stream, river, lake, tidewater or artificial drain.

PARENT TRACT

The parcel of land from which a land development or subdivision originates, determined from the date of municipal adoption of this chapter.

PARKING SPACE

A space, surfaced to whatever extent necessary to permit use under all normal seasonal weather conditions, available for the parking of one motor vehicle, with the dimensions required by § 122-19 of this chapter.

PARKING LOT STORMWATER STORAGE

Involves the use of parking areas as temporary impoundments with controlled release rates during rainstorms.

PAVEMENT EDGE

The edge of the main traveled portion of any street or highway, exclusive of shoulder or berm.

PEAK DISCHARGE

The maximum rate of stormwater runoff from a specific storm event.

PENN STATE RUNOFF MODEL

A computer-based hydrologic model developed at the Pennsylvania State University.

PERMANENT-TYPE CONSTRUCTION

Plain or reinforced concrete, bituminous concrete or macadam of required thickness.

PERENNIAL STREAM

A stream which contains water at all times except during extreme drought.

PERVIOUS SURFACE

Any area not defined as impervious.

[Amended 3-20-2023 by Ord. No. 418]

PERSON

Any natural person, firm, partnership, copartnership, association or corporation, public or private, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

PIPE

A culvert, closed conduit, or similar structure (including appurtenances) that conveys stormwater, sanitary sewerage or other liquid as part of a system.

PLAN

A graphic or written representation or document which, in the case of condominiums, shall include a declaration, code of regulations and declaration plan.

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 II of this chapter.

PLAN, LAND DEVELOPMENT

A tentative sketch plan, preliminary, major or final plan, including written and graphic material showing the provision for development of a tract, when plans of subdivision would not be applicable.

PLAN, MINOR SUBDIVISION

The division of a single lot, tract or parcel of land, not a part of a prior subdivision, into not more than two lots, parcel 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 an existing street, not involve any new street or road or the extension of municipal facilities or the creation of any public improvements; and shall conform to all provisions of the Township Zoning Ordinance and this chapter and rules and regulations promulgated thereunder.

PLANNING COMMISSION

The Planning Commission of Franconia Township.

PLAN, PRELIMINARY MAJOR

A plan prepared for discussion with the Township Planning Commission and Board of Supervisors showing the proposed street and lot layout, the deed restrictions, easements and all other items required under Article II of this chapter for the entire parcel of land being subdivided.

PLAN, RECORD MAJOR

A plan prepared for recording showing the ultimate width of streets, the lot lines, easements and all other items required under Article II of this chapter.

PLAN, TENTATIVE SKETCH

A draft showing proposed streets, lots or buildings related to topography that is to be used as the basis for informal discussion between the representatives of the Township Planning Commission and the subdivider, developer or builder.

PLANTING AREA

Any area designated for landscaping purposes.

POINT SOURCE

Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, or conduit from which stormwater is or may be discharged, as defined in state regulations at 25 Pa. Code § 92.1.

POST CONSTRUCTION

Period after construction during which disturbed areas are stabilized, stormwater controls are in place and functioning and all proposed improvements in the approved land development plan are completed.

PREDEVELOPMENT

Undeveloped/natural condition or existing site conditions of a property prior to the filing an application for land development or regulated earthmoving.

PRETREATMENT

Techniques employed in stormwater BMPs to provide storage or filtering to trap coarse materials and other pollutants before they enter the system, but not necessarily designed to meet the water quality volume requirements of Section 406.

PROJECT SITE

The specific area of land where any land development or regulated earth disturbance activities in the Township are planned, conducted or maintained.

PROPERTY LINE CLEARANCE

The distance measured along the pavement edge or curb between the property frontage boundary line and the edge of the driveway.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Franconia Township Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code.[3]

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[4]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in Franconia 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 less than 30 days and the second publication shall be not less than seven days from the date of the hearing.

QUALIFIED PROFESSIONAL

Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this chapter.

[Added 3-20-2023 by Ord. No. 418]

RADIUS CURB

That section of curb forming an arc beginning at the end of a driveway and continuing to throat of the driveway.

RATIONAL FORMULA (METHOD)

A hydrological rainfall-runoff technique used to estimate storm runoff and peak flow.

RECHARGE

The replenishment of groundwater through the infiltration of rainfall, other surface waters, or land application of water or treated wastewater.

RECORD DRAWING

(1)

Plans for recording in the county courthouse executed by subdivision or land development plan applicant and acknowledged by the Township as "final approved" in accordance with this Code.

(2)

Original design documents revised to illustrate the as-built conditions, including all changes from the final approved plan as may have been subsequently approved by the design engineer pursuant to the review of the Township Engineer.

REDEVELOPMENT

Earth disturbance activities on land which has previously been disturbed or developed, including any development that requires demolition or removal of existing structures or impervious surfaces at a site and replacement with new impervious surfaces. (Maintenance activities such as pavement top-layer milling and repaving are not considered to be redevelopment. Interior remodeling projects and tenant improvements are also not considered to be redevelopment. Utility trenches in streets are not considered redevelopment unless more than 50% of the street width, including shoulders, is removed and repaved).

REGULATED ACTIVITIES

Actions or proposed actions that have an impact on stormwater runoff quality or quantity and that are specified in § 122-78B.

REGULATED EARTH DISTURBANCE ACTIVITY

Any earth disturbance activity subject to regulation under 25 Pa. Code Chapter 92,[5] 25 Pa. Code Chapter 102, or the Clean Streams Law.[6]

[Amended 3-20-2023 by Ord. No. 418]

REGULATORY FLOOD or INTERMEDIATE REGIONAL FLOOD

The one-hundred-year flood, which is a flood having an average frequency of occurrence on the order of once in 100 years, although the flood may occur in any year.

REGULATORY FLOOD ELEVATION or INTERMEDIATE REGIONAL FLOOD ELEVATION

The one-hundred-year flood elevation based upon the information contained in a floodplain information report prepared by the United States Army Corps of Engineers, the Federal Emergency Management Agency or other consulting engineer (where available).

RELEASE RATE

The percentage of existing conditions peak rate of runoff from a site or subarea to which the proposed conditions peak rate of runoff must be reduced to protect downstream areas.

REPAVING

Replacement of the impervious surface that does not involve excavation or reconstruction of an existing paved (impervious) surface.

REPLACEMENT PAVING

Reconstruction of and full replacement of an existing paved (impervious) surface.

RESERVE STRIP

A parcel of land separating a street from adjacent properties.

RETENTION BASIN

A structure in which stormwater is stored, in part, over an extended period of time and not released during or immediately after the storm event. Retention basins may designed for infiltration purposes, and may not have a direct outlet to a watercourse. The retention basin must infiltrate stored water in four days or less for purposes of this chapter as a BMP.

RETENTION VOLUME/REMOVED RUNOFF

The volume of runoff that is captured and not released directly into the surface waters of the commonwealth during or after a storm event.

RETURN PERIOD

The average interval, in years, within which a storm event of a given magnitude can be expected to recur. For example, the twenty-five-year return period rainfall would be expected to recur on the average of once every 25 years; or stated in another way, the probability of a twenty-five-year storm occurring in any one year is 0.04 (i.e., a 4% chance).

[Amended 3-20-2023 by Ord. No. 418]

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied by a street, alley, crosswalk or for other public or semipublic purposes. The usage of the term "right-of-way" for land-plotting purposes in Franconia Township shall mean that every right-of-way hereinafter established and shown on a final record plan is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.

RIPARIAN BUFFER

The area of land immediately adjacent to any stream, lake, pond, or wetland, intended to be permanently vegetated, measured perpendicular to and horizontally from the edge of a water body or top-of-bank on both sides of a stream. (See "top-of-bank.")

[Added 11-19-2018 by Ord. No. 400; amended 3-20-2023 by Ord. No. 418]

RISER

A vertical pipe extending from the bottom of a pond that is used to control the discharge rate from the pond for a specified design storm.

ROAD MAINTENANCE

Earth disturbance activities within the existing road cross-section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.

ROOF DRAINS

A drainage conduit or pipe that collects water runoff from a roof and leads it away from the structure.

ROOFTOP DETENTION

The temporary ponding and gradual release of stormwater falling directly onto flat roof surfaces using controlled-flow roof drains into building designs.

RUNOFF

Any part of precipitation that flows over the land.

[Amended 3-20-2023 by Ord. No. 418]

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.

RURAL AREA

An area where roadways have been built to typical rural highway standards without sidewalks and curbs.

SECTIONAL HOMES

See "modular home."

SEDIMENT

Soils or other materials transported by surface water as a product of erosion.

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."

SEDIMENT BASIN

A barrier, dam, retention or detention basin located and designed in such a way as to retain rock, sand, gravel, silt, or other material transported by water during construction.

SEDIMENT POLLUTION

The placement, discharge or any other introduction of sediment into the waters of the commonwealth.

SEEPAGE PIT/SEEPAGE TRENCH

An area of excavated earth filled with loose stone or similar coarse material, into which surface water is directed for infiltration into the underground water.

SEPARATE STORM SEWER SYSTEM

A conveyance or system of conveyances (including roads with drainage systems, Township streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff and not for collection or conveyance of septage or other liquids.

SETBACK

The distance between a building, structure, and/or parking area and any lot line or building.

[Amended 1-20-2020 by Ord. No. 409]

SETBACK LINE

That line that is the required minimum distance from any lot line or building and that establishes the area within which the principal structure must be erected or placed.

[Added 1-20-2020 by Ord. No. 409]

SHALLOW CONCENTRATED FLOW

Stormwater runoff flowing in shallow, defined ruts prior to entering a defined channel or waterway.

SHEET FLOW

A flow process associated with broad, shallow water movement on sloping ground surfaces that is not channelized or concentrated.

SHOULDER LINE

The intersection of the shoulder slope with the side slope or ditch slope.

SHRUB

A woody perennial plant having persistent woody stems branching from the base.

SIDEWALKS

A permanent hard paved walkway, continuous for a reasonable distance and an integral part of the highway development, solely for the use of pedestrians.

SIGHT DISTANCE

The distance of unobstructed view along the center line of a street from the driver's sight height to an elevated item in the street as defined by the Pennsylvania Department of Transportation's Highway Occupancy Driveway Sight Distance Regulations.

SIGHT TRIANGLE

Proper sight lines must be maintained at all intersections of streets. Measured along the center line, there should be a clear sight triangle of 75 feet from the point of intersection based on the posted speed limit. No building or present or future obstruction will be permitted in this area.

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.

SLDO

Subdivision and Land Development Ordinance.

SLOPE

The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.

SOIL COVER COMPLEX METHOD

A method of runoff computation developed by the NRCS that is based on relating soil type and land use/cover to a runoff parameter called curve number (CN).

SOIL STABILIZATION

Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.

SOIL SURVEY

A report entitled "Soil Survey of Montgomery County, Pennsylvania," published April 1967 by the Soil Conservation Service, United States Department of Agriculture, which is available in the Township or through the Extension Service, Agricultural Agent, the Pennsylvania State University in Norristown.

SOURCE WATER PROTECTION AREAS (SWPA)

The zone through which contaminants, if present, are likely to migrate and reach a drinking water well or surface water intake.

SPECIAL PROTECTION WATERSHEDS

Watersheds that have been designated in Pennsylvania Code Title 25, Environmental Protection, Chapter 93, Water Quality Standards, as exceptional value (EV) or high quality (HQ) waters.

SPILLWAY

A conveyance that is used to pass the peak discharge of the maximum design storm that is controlled by the stormwater facility.

STABILIZED MATERIAL

Any aggregate such as gravel, stone, slag or mixtures of such aggregates with soil, placed in such a manner as to provide a smooth, stable, all-weather surface not subject to undue raveling.

STATE WATER QUALITY REQUIREMENTS

The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.[7]

[Amended 3-20-2023 by Ord. No. 418]

STEEP SLOPES

A characteristic of natural terrain whereby the difference in the vertical elevation of the surface over a horizontal distance, known as rise over run and expressed as a percentage, is 15% or greater.

[Added 11-19-2018 by Ord. No. 400]

STORAGE INDICATION METHOD

A reservoir routing procedure based on solution of the continuity equation (inflow minus outflow equals the change in storage) with outflow defined as a function of storage volume and depth.

STORM FREQUENCY

The number of times that a given storm event occurs or is exceeded on the average in a stated period of years. See "return period."

STORM SEWER

A system of pipes and/or open channels that convey intercepted runoff and stormwater from other sources, but exclude domestic sewage and industrial wastes.

STORMWATER

The surface or drainage runoff generated by precipitation reaching the surface of the land or snow or ice melt.

[Amended 3-20-2023 by Ord. No. 418]

STORMWATER AND WATERSHED MANAGEMENT SITE PLAN

The plan prepared by the applicant or his representative of plats, construction details and supporting computations indicating how stormwater runoff will be managed at the particular site of interest according to this chapter (includes a site-specific stormwater management site plan in a non-NPDES or Act 167 context).

STORMWATER MANAGEMENT BEST PRACTICES

Those structural physical constructed facilities and nonphysical land management practices intended to reduce the rate and volume of rainfall runoff and improve runoff water quality is abbreviated as BMPs or SWM BMPs.

STORMWATER MANAGEMENT FACILITY

Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff quality, rate or quantity. Typical stormwater and watershed management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and infiltration structures.

STORMWATER MANAGEMENT PLAN

The watershed plans, known as the "East Branch Perkiomen Creek Watershed Act 167 Stormwater Management Plan" and "Neshaminy and Little Neshaminy Creeks Watershed Act 167 Stormwater Management Plan," for managing those land use activities that will influence stormwater runoff quality and quantity and that would impact the East Branch Perkiomen Creek and Neshaminy and Little Neshaminy Creek Watersheds adopted by Bucks and Montgomery Counties as required by the Act of October 4, 1978, P.L. 864 (Act 167).

STORMWATER MANAGEMENT SITE PLAN (SWM SITE PLAN)

The plan prepared by the developer or his representative indicating how stormwater runoff will be managed at the development site in accordance with this chapter. "Stormwater management site plan" will be designated as "SWM site plan" throughout this chapter.

[Added 3-20-2023 by Ord. No. 418]

STREAM

A natural watercourse.

STREAMBANK EROSION

The widening, deepening, or headward cutting of channels, streams and waterways, whether natural or man-made, caused by stormwater runoff or bankfull flows.

STREAM BUFFER (RIPARIAN BUFFER)

The land area adjacent to each side of a stream, essential to maintaining water quality. (See "buffer.")

STREAM ENCLOSURE

A bridge, culvert or other structure in excess of 100 feet in length upstream to downstream which encloses a regulated water of the commonwealth.

STREAM FREQUENCY

The number of times that a given storm event occurs or is exceeded on the average in a stated period of years. See "return period."

STREET, HALF

A street of less than the required right-of-way, that is, where a street is proposed or a right-of-way is provided along a property line where the center line of the street would be the property line.

STREET LINE

The dividing line between a lot and the right-of-way of a street, legally open or officially recorded by the township.

STREET, MARGINAL ACCESS

A street parallel and adjacent to a primary street providing access to abutting properties by a cartway separated from the primary street by a reserve strip.

STREET or ROAD

A right-of-way, publicly or privately owned, serving primarily as means of vehicular and pedestrian travel, furnishing access to abutting properties, which may also be used to provide space for sewers, public utilities, shade trees and sidewalks.

STREET, PRIMARY

A street carrying heavy traffic volumes of fast-moving traffic.

STREET, RESIDENTIAL

A street used primarily as the principal means of access to local properties and which carries a small volume of traffic.

STREET, SECONDARY

A street connecting local residential streets to primary streets and which carries a lesser volume of traffic.

STRUCTURE

Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, factories, sheds, cabins, mobile homes and other similar items.

SUBAREA (SUBWATERSHED)

The smallest drainage unit of a watershed for which stormwater and watershed management criteria have been established in the stormwater management plan.

SUBDIVISION

As defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247.[8]

SURFACE WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.

SURVEYOR

A professional land surveyor licensed as such in the Commonwealth of Pennsylvania.

SWALE

A low-lying stretch of land which gathers or carries surface water runoff.

SWM SITE PLAN

The documentation of the stormwater management system, including supporting graphs, specifications, construction details and technical analysis, to be used for a given development site, the contents of which are further defined herein. Also same as a stormwater and watershed management plan, or a subset thereof, for a specific land parcel proposed for building(s), building expansion, impervious or semi-impervious paving, grading or otherwise disruption of the existing topography, land surface or hydrologic regime.

TENURE

The form of occupancy of a unit, e.g., fee-simple sale, rental, condominium, cooperative, etc.

TIMBER OPERATIONS

See "forest management."

TIME OF CONCENTRATION (Tc)

The shortest time required for surface runoff to travel from the hydraulically most distant point of the watershed to a point of interest within the watershed. This time may be the combined total of overland flow time and flow time in pipes or channels as the shortest flow path.

TOP-OF-BANK

Highest point of elevation in a stream channel cross-section at which a rising water level just begins to flow out of the channel and over the floodplain.

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."

TOWNSHIP

Franconia Township, Montgomery County, Pennsylvania.

TRACT AREA

An area of a piece of land, property or properties that is the subject of a development application. It shall be defined as the area contained within the property lines of the tract, excluding any area within any public or private right-of-way and required, ultimate right-of-way of an existing street and as defined by an onsite, field survey.

[Amended 1-20-2020 by Ord. No. 409]

TRACT AREA, GROSS

An area of a piece of land, property or properties that is the subject of a development application. It shall be defined as the area contained within the property lines of the tract as determined by an on-site field survey.

[Added 1-20-2020 by Ord. No. 409]

TRAVEL TRAILER

A recreational vehicle requiring a separate power source for pulling it, which may include living, sleeping, eating and sanitary facilities, but which is designed for vacation travel and not for long-term or permanent occupancy.

TREE

Any woody plant with a well-defined stem at least 11/2 inches in caliper at 12 inches above the ground.

TREE MASS

A grouping of three or more trees, each at least 11/2 inches in caliper, within a one-hundred-square-foot area.

TREE, MATURE

Any tree of six inches or more in caliper, whether standing alone, in tree masses or woodlands. A mature tree shall be a healthy specimen and shall be a desirable species, as determined by the Municipal Landscape Architect.

TREE, SPECIMEN

Any tree with a caliper that is 75% or more of the record tree of the same species in the Commonwealth of Pennsylvania.

ULTIMATE RIGHT-OF-WAY

The expected future right-of-way computed from the center line of an established right-of-way, as shown on the Official Map Summary of Franconia Township.

ULTIMATE RIGHT-OF-WAY LINE

The line parallel to the center line of any public street which defines the boundary of the ultimate right-of-way.

URBAN AREA

An area where the roadways have been built to typical city street standards, including sidewalks and curbs.

USDA

United States Department of Agriculture.

[Added 3-20-2023 by Ord. No. 418]

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.

VEGETATED SWALE

A natural or man-made waterway, usually broad and shallow, covered with erosion-resistant grasses, used to convey surface water.

VEHICLE

Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway.

VEHICULAR USE AREA

Any paved ground surface, except a street, used by any type of vehicle, whether moving or at rest.

VERNAL POND (POOL)

Seasonal depressional wetlands that are covered by shallow water for variable periods from winter to spring, but may be completely dry for most of the summer and fall.

VISUAL SCREEN

A barrier of living or nonliving landscape material put in place for the purpose of obscuring the view of the premises screened; also called a "buffer."

WATER CONNECTION

The water connection consists of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home.

WATERCOURSE

A channel or conveyance of surface water, permanent stream, intermittent stream, river, brook, creek or a channel or ditch for water, whether natural or man-made.

WATER RISER PIPE

The water riser pipe is that portion of the water service pipe which extends vertically to the ground elevation and terminates at a designated point at each mobile home lot.

WATERSHED

Region or area drained by a river, watercourse or other body of water, whether natural or artificial.

WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, rivulets, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the commonwealth as defined by law.

WATER SYSTEMS

Water supply system(s), either publicly or privately owned, that serve the general public is (are) not restricted to type of user or land use.

WELLHEAD

(1)

A structure built over a well.

(2)

The source of water for a well.

WELLHEAD PROTECTION AREA

The surface and subsurface area surrounding a water supply well, well field, or spring supplying a public water system, through which contaminants are reasonably likely to move toward and reach the water source.

WETLANDS

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. Wetlands generally include swamps, marshes, bogs, fens and similar areas. More specifically, an area meeting the official wetland definition of the United States Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1; or the Pennsylvania Department of Environmental Protection Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations; or the most recently amended reports, will be considered a wetland for the purposes of this chapter.

[Amended 11-19-2018 by Ord. No. 400]

WET BASIN

Pond for stormwater runoff management that is designed to detain urban runoff and always contains water.

WOODLANDS

Areas, groves, or stands of mature or largely mature trees, the majority of which are greater than six inches' caliper measured four feet above grade, covering an area greater than 1/4 acre; or groves of mature trees without regard to minimum area consisting of more than 10 individual specimens which are greater than eight inches' caliper measured four feet above grade and form a contiguous canopy. Woodlands shall be measured from the dripline of the outer trees.

[Amended 11-19-2018 by Ord. No. 400]

YARD

An open, unoccupied space on the same lot with a building or buildings or use, open and unobstructed from the ground to the sky.

[1]

Editor's Note: See Ch. 47, Building Construction.

[2]

Editor's Note: See Art. X, Stormwater and Watershed Management.

[3]

Editor's Note: See 53 P.S. § 10101 et seq.

[4]

Editor's Note: See 65 Pa.C.S.A. § 701 et seq.

[5]