A.
For the purpose of this chapter, the words and terms
used herein shall be interpreted as follows:
(1)
Words in the singular include the plural, and those
in the plural include the singular.
(2)
Words used in the present tense include the future
tense.
(3)
Reference made in the masculine includes the feminine.
(4)
The words "should" and "may" are permissive; the words
"shall" and "will" are mandatory and directive.
(5)
The word "municipality" or "township" shall always
mean the Township of Abington.
(6)
The Township of Abington and Abington Township may
be used interchangeably.
B.
Any word or term not defined herein shall be used
with a meaning of standard usage.
Unless a contrary intention clearly appears,
the following words and phrases shall have, for the purposes of this
chapter, the meanings given in the following definitions:
The remaining portion of a tract of land after excluding
land without development opportunities, such as easements, rights-of-way,
floodplains, steep slopes and resource-protected areas, as described
in the Township Zoning Ordinance.[1]
Any person, other than the landowner, who is authorized,
in writing, to act on the behalf of an applicant for plan approval.
An individual, partnership, corporation or other entity who
files an application for subdivision or land development under the
provisions of this chapter, with the written permission of the landowner
of record.
The complete set of materials, including but not limited
to forms and plans, required for submission of plan approval under
the provisions of this chapter.
An area bounded by streets, public parks, cemeteries, rights-of-way
or boundary lines of the Township of Abington or any combination thereof.
A strip of land adjacent to the boundary of a property or
zoning district, not less in width than is designated in the Township
Zoning Code, on which is placed plantings or screening of sufficient
height and density to visually protect and screen an abutting property
or zoning district.
An individual, partnership, corporation or other entity who
by contract is charged with the responsibility of constructing buildings,
structures or construction of improvements on a parcel of land.
The total maximum horizontal covered land area at or above
grade, including but not limited to structures and accessory structures.
The vertical distance measured from the average elevation
of the proposed finished grade around the building to the highest
point of the roof for flat roofs, to the coping line for mansard roofs
and to the ridgeline for ridge, gable, hip and gambrel roofs.
The official of the township appointed to inspect structures
for compliance with the Building Code of Abington Township.[2]
A line within a lot designated on a plat, established by
deed or zoning ordinance, between which line and a street, property
or easement line on which the lot abuts, a principal building shall
not be erected.
The portion of a street or right-of-way, which is paved and
intended for vehicular use.
An area of unobstructed vision at street or driveway/street
intersections defined by lines of sight between points established
by this chapter.
A subcommittee of the Board of Commissioners which is involved
in the plan application review process.
The Abington Township Comprehensive Plan, adopted by the
Board of Commissioners.
A street intersecting with another street at one end and
terminating in a vehicular turnaround at the other end.
A ratio of the number of dwelling units per acre on developable
acreage.
A landowner, partnership, corporation or other entity who
makes or causes physical land development and land improvement to
occur.
Any man-made change to improve, unimprove or alter real estate,
including but not limited to erecting buildings or other structures,
the placement of mobile homes, installing streets, impervious paving,
utilities, excavating, filling, grading, mining, drilling, blasting
and subdivision of land.
The flow of water or liquid waste and the methods of directing
such flow, whether natural or artificial.
A strip of land intended for use as a means of vehicular
and pedestrian access from a public street to not more than one lot.
A building designed and constructed for residential purposes
in which people live or are intended to live.
A single room or two or more connected rooms constituting
a separate, independent housekeeping establishment for living, sleeping
and sanitation purposes and physically separated from other rooms
or dwelling units which may be in the same structure and containing
a kitchen with fixed cooking facilities arranged for occupancy by
an individual or one family.
A right-of-way or other right granted for the limited use
of private land for private, common or public use which is recorded
in the office of the Recorder of Deeds.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer of the Township of
Abington.
The removal of soil and surface materials by the action of
natural elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed, including the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other material
is 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, including the conditions resulting therefrom; the difference
in elevation between a point on the original ground and a designated
point of higher elevation on the final grade; the material used to
make fill.
The official designated by the Board of Commissioners to
perform fire inspections and assume firesafety for the township.
The one-hundred-year-flood elevation, as determined by the
Flood Hazard Boundary Map, plus free board safety factor of 1 1/2
feet.
Maps prepared by the Federal Insurance Administration of
the United States Department of Housing and Urban Development, the
Philadelphia District Corps of Engineers Study and the Soil Survey
of Montgomery County, which designates the boundaries of the floodplain
areas having special flood hazards in the Township of Abington.
The area which would be inundated by stormwater turnoff equivalent
to that which would occur with a rainfall of one-hundred-year frequency,
as indicated on the Flood Plain Conservation District Zoning Map.[3]
Soils in areas subject to periodic flooding and listed in
the Soil Survey of Montgomery County, Pennsylvania, United States
Department of Agriculture, Soil Conservation Service, April 1967,
as being on the floodplain or subject to flooding. Floodplain soils
include, but are not limited to: Bermudian silt loam; bouldery alluvial
land; Bowmansville silt loam; Coduras silt loam; Hatboro silt loam
and Rowland silt loam.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge the flood of the one-hundred-year
magnitude without causing more than a one-foot rise in the flood heights
at any point.
The slope of the land or public improvement, specified in
percent.
The grade required at points of street intersections as specified
herein.
The changing of the grade of existing ground surface of a
site by excavation or fill or combination of both.
The total area included within the exterior walls of a building.
Surfaces that do not absorb rainwater. All buildings, parking
areas, driveways, roads, sidewalks, swimming pools and any areas in
concrete or asphalt shall be considered impervious surfaces within
this definition. In addition, other surfaces determined by the Township
Engineer to fall within the scope of this definition shall be considered
"impervious."
A measure of the intensity of use of a parcel of land. It
is calculated by dividing the total area of all impervious surfaces
within the site by the area of the site.
Considered to include grading, paving, curbing, streetlights,
street signs, fire hydrants, water mains, gas mains, sanitary sewers,
storm sewers, detention basins, inlets and appurtenances, culverts,
bridges, sidewalks, crosswalks, monuments, telephone and electric
lines, shade trees, buffer and green space plantings, open space reconstruction,
recreational facilities, buildings, accessory structures and all construction
appurtenances incidental thereto.
See § 146-9C(2) under land development plan.
A parcel, tract or area of land, described by metes and bounds
and established by a plat or otherwise permitted by law, the description
of which has been recorded in the office of the Recorder by deed or
plat.
LOT AREAThe area contained within the property lines of a lot as shown on a subdivision or land development plan, excluding space within an existing or future right-of-way, but including the area of any easement.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets or at the point of abrupt change of a single street, where the interior angle is less than 135° and the radius of the street is less than 100 feet.
LOT, INTERIORAny lot which is not a corner lot.
LOT, DEPTHThe average distance between the front and rear lot lines.
LOT, FRONTAGEThe front of a lot shall be that lot line nearest to an improved public or private street. With regard to corner lots, all sides of a lot adjacent to street lines shall be considered frontage where front yard requirements prevail.
LOT, LINESThe lines bounding a lot as defined herein.
LOT, WIDTHThe distance measured between lot lines other than the front and rear lot lines, at the front building setback line.
A transportable, single-family dwelling intended for permanent
occupancy, office space or place of assembly, 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 permanent foundation.
A parcel or contiguous parcels of land which have been so
designated and improved that it contains two or more lots, improved
with the necessary utility connections and other appurtenances necessary
for the placement thereon of a single mobile home. Mobile home development
is regulated by the Zoning Code, and a development plan is required
according to the standards of this chapter.
A stone or concrete marker with a flat top of a least four
inches square; scored with an "X" to mark a reference point; at least
30 inches in length; the bottom sides of which are at least two inches
greater than the top to minimize movements caused by frost.
Pennsylvania Act 247 of 1968, latest revision Act 170 of
1988, the enabling legislation governing municipal land development,
planning, subdivision and zoning regulations.[4]
The current adopted map for the Township of Abington, showing
the location of existing streets, rights-of-way, unopened streets
and public grounds accepted by the township through dedication or
deed.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site, interconnected and designed
for the use and enjoyment of the residents of a development and or
community, not including streets, off-street parking areas, required
yards and areas set aside for public facilities. "Open space" shall
be substantially free of structures but may contain such improvements
as are set forth and approved in a development plan and as are appropriate
for the recreation of residents served thereby. "Open space" may be
set aside in one or a combination of the following ways:
DEDICATEDAn area or areas offered to and accepted by the Board of Commissioners for use by all the residents.
DEED-RESTRICTEDAn area or areas set aside specifically for the use of residents within the development and integrated in the development to distribute and interconnect the open spaces throughout the development.
The individual, partnership, corporation or other entity
who is the owner of record, as described in the office of Recorder
of Deeds of the real estate to be subdivided or developed under the
terms of this chapter.
An area of land under single and separate ownership, to be
developed as a single entity for a number of dwelling units, the development
plan for which complies in lot size, density, dwelling type, lot coverage,
open space and other dimensional characteristics set forth in any
one residential zoning district established by the Comprehensive Plan.
"Planned cluster development" is regulated by the Zoning Ordinance.[5]
The Planning Commission of the Township of Abington.
An application required by the Pennsylvania Sewage Facilities
Act, Section 5(a) and (d),[6] and Section 71.15(b) and (c) of the Pennsylvania Department
of Environmental Resources, Title 25: Rules and Regulations, Chapter
71, Administration of the Sewage Facilities Program, as amended.
An area designated for landscaping purposes, buffer area
and green space area.
The map or plan of a subdivision or land development, whether
preliminary, final or record.
A strip of land occupied or set aside for use as a street,
utility area, drainage area, travel way or other special use. "Existing
right-of-way" is the legal right-of-way established by appropriate
governing bodies. "Ultimate right-of-way" is demonstrated as appropriate
maximum dimensions reserved to provide adequate future use of the
right-of-way.
Surface water discharge or rate of discharge of a given watershed
after a fall of rain or snow that does not enter the soil but runs
off the surface of the land.
The official designated by the Board of Commissioners to
review on-site septic system designs and plan application compliance
with the township-adopted Act 537 Sewage Plan.
Any municipally or privately owned sewer system which collects
sewage from two or more lots and treats or disposes of such waste
at an approved sewage disposal plant.
The distance of unobstructed view along the center line of
a street from the driver's height to the farthest visible point four
feet above the street grade.
A parcel or contiguous parcels of land defined by survey
and intended to have one or more buildings or intended to be subdivided
into two or more lots.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. "Slope" is expressed
as a percentage based upon the vertical difference in feet per 100
feet of horizontal distance or as the relationship of the horizontal
distance to the vertical distance.
A report entitled "Soil Survey of Montgomery County, Pennsylvania,"
published April 1967 by the Soil Conservation Service, United States
Department of Agriculture.
Any ditch, gutter, pipe, culvert, swale, storm sewer, detention
basin or other structure designed or constructed for the purpose of
diverting surface water runoff.
Natural or man-made areas where the slope of land exceeds
15%.
A strip of land, including the existing right-of-way and
not limited to a paved cartway, intended for use as a means of vehicular
and pedestrian circulation to provide access to more than one lot
and which includes thoroughfare, alley, avenue, boulevard, court,
expressway, highway, lane and roadway. A "street" can be public or
private.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that, where
an ultimate right-of-way width for a road or street has been established
by ordinance or official map, then that width shall determine the
location of the street line.
A combination of materials assembled, constructed or erected
at a fixed location, including a building, the use of which requires
location on the ground or attachment to something having location
on the ground. Nonelevated driveways, parking lots, walkways, sidewalks
and the like shall not be considered "structures." Swimming pools
and recreational courts are considered to be "structures."
Any individual, partnership, corporation or other legal entity
which undertakes the subdivision of land, as defined herein, as the
owner, lessee, equitable owner or agent of the land being subdivided.
See § 146-9C(1) of this chapter.
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.
A registered land surveyor licensed as such by the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
Any activity, occupation, business or operation carried on
or intended to be carried on in a structure or on a parcel of land.
United States Geological Survey.
Any permanent or intermittent stream, river, brook, creek
or a channel, ditch or swale, whether natural or man-made, for the
conveyance of surface and underground water. Storm sewers are considered
as watercourses.
Any system for the distribution of water to more than one
user unit (dwelling, business, institution or combination thereof).
Those land areas which are inundated or saturated by surface
or ground water at a frequency and duration sufficient to support
and under normal circumstances do support a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas as set forth
by the United States Environmental Protection Agency.
An open area, unobstructed from the ground up by a principal
structure, on a lot and extending along a lot line or street line
inward to the structure. The length of a yard shall be measured as
the shortest distance between the structure and a lot or street line.
The current adopted Zoning Ordinance of the Township of Abington,
as amended.[7]
The Planning and/or Zoning Official designated by the Board
of Commissioners to execute the duties expressed in this chapter and
the Municipalities Planning Code.[8]
The adopted sewage facilities plan of the Township of Abington.
[1]
Editor's Note: The current Zoning Ordinance
is on file in the township offices.
[3]
Editor's Note: The Flood Plain Conservation
District Zoning Map is on file in the Department of Engineering.
[4]
Editor's Note: See 53 P.S. § 10101
et seq.
[5]
Editor's Note: The current Zoning Ordinance
is on file in the township offices.
[6]
Editor's Note: See 35 P.S. § 750.5.
[7]
Editor's Note: The current Zoning Ordinance
is on file in the township offices.
[8]
Editor's Note: See 53 P.S. § 10101
et seq.
