[Ord. 2013-499, 7/10/2013]
1.
For purposes of this Chapter, certain words shall be interpreted
as follows:
A.
Words used in the present tense include the future.
B.
The singular number includes the plural, and the plural includes
the singular.
C.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," and "occupied for."
D.
The word "person" includes an individual, corporation, partnership,
incorporated association, and/or any other similar entity.
E.
The words "include" or "including" shall not limit the term to the
specified examples but are intended to extend the meaning to all other
instances of like kind and character.
F.
The word "building" shall always be construed as if followed by the
words "or part thereof."
G.
The word "may" is permissive, and the words "shall" and "will" are
always mandatory.
H.
The words "he" or "she" or "they" are to be used interchangeably
with the word "person."
I.
The word "street" includes road, highway, avenue, boulevard, or expressway.
J.
The word "stream" includes watercourse, creek or river and, where
referenced, a seasonal or intermittent stream.
K.
The names of organizations, including government agencies, shall
be construed to include their successors.
[Ord. 2013-499, 7/10/2013]
Words and terms used in this Chapter shall have the meanings
given in this Part. Unless expressly stated otherwise, any pertinent
word or term not a part of this listing, but vital to the interpretation
of this Chapter, shall be construed to have its legal definition or,
in the absence of a legal definition, its meaning as commonly accepted
by practitioners, including civil engineers, surveyors, architects,
landscape architects, and planners.
The removal of the surface of the land through the combination
of earthwork activities and natural processes at a rate greater than
would occur from natural processes upon undisturbed land alone.
The portion of a roadway adjoining the traffic lane constructed
for the purpose of enabling a vehicle entering a roadway to increase
its speed to a rate at which it can safely merge with traffic.
That which conforms to accepted principles, tests or standards
of nationally recognized technical, scientific, and/or engineering
authorities.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as reenacted and amended by the Act of
December 21, 1988, P.L. 1329, No. 170, 53 P.S. § 10101 et
seq., as amended from time to time.
A privately owned, constructed, and maintained vehicular
access from a public or private right-of-way to off-street parking
or loading spaces.
A structure or building detached from a principal building
on the same lot and customarily incidental and subordinate to the
principal building.
A piece of land which provides physical access to and legal
road frontage for a lot but which does not comply with the minimum
lot width regulations of the Zoning Ordinance.[1] Access strips provide access to "flag," "rear," or "interior"
lots.
The traveled way by which cars enter and depart parking spaces.
A public or privately owned right-of-way on which no new
dwellings, stores, or other principal buildings are intended to front,
serving as the secondary means of access to two or more properties
whose principal frontage is some other street.
The fastening of a mobile home to its mobile home stand in
order to prevent upset or damage due to wind, erosion, flooding or
other natural forces.
A landowner, developer or equitable owner who has filed an
application for approval of subdivision, land development plan, variance,
special exception or conditional use, including his/her heirs, successors,
agents and assigns. The term also includes "builder" and/or other
persons responsible for the plans and construction of buildings or
other improvements on any parcel of land.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including but not limited to an application for a building permit,
for the approval of a subdivision plan, or for the approval of a development
plan.
The date of the day when an application for development is
filed with Red Hill Borough in accordance with submission requirements
outlined in Part 3. This date is not necessarily the date when the
ninety-day plan review period begins.
A public organization created pursuant to the Pennsylvania
Municipality Authorities Act of 1945 (P.L. 382, No. 164).[2]
Activities, facilities, designs, measures or procedures used
to manage stormwater impacts from regulated activities; to meet Pennsylvania
water quality requirements, to promote groundwater recharge; and to
otherwise meet the purposes of this Chapter. Stormwater BMPs are commonly
grouped into one of two broad categories or measures: "structural"
or "nonstructural." In 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 retention ponds and constructed wetlands,
to 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.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to development.
Any form of surety bond in an amount and form satisfactory
to Red Hill Borough Council. All bonds shall be approved by Red Hill
Borough Council whenever a bond is required by ordinance or regulations.
An area designed and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Unless otherwise specified, "buffer" may be included as part
of the required setbacks and yard areas.
See "applicant."
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, equipment, goods or materials of any kind or nature. (Also
see "accessory structure or building" and "principal building.")
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side, and rear yard areas and encompasses the area of the lot not
found in the yard areas, legal rights-of-way, or other areas defined
in the Zoning Ordinance.[3]
Tree trunk diameter measured in inches at six inches above
ground level for trees four inches or less in diameter or 12 inches
above ground level for larger trees.
A plan setting forth, by category of public facility, those
public improvements and that portion of their costs that is attributable
to servicing new development within a designated service area for
such public facilities over a specified period of years.
The paved portion of a street or highway designed for vehicular
traffic.
All of the real property and improvements set aside for the
common use and enjoyment of the residents, including, but not limited
to, buildings, open land, private roads, parking areas, walkways,
recreation areas, landscaped areas, drainage easements, and any utilities
that service more than one unit, such as sewer and water facilities.
A parcel or parcels of land, an area of water or a combination
of land and water within a development site designed and intended
for the use and enjoyment of Red Hill Borough residents or occupants
of the development or community or for the protection of natural or
historic resources, not including streets, off-street parking areas
and areas set aside for public facilities. Common open space shall
not be part of individual residential lots and shall be substantially
free of structures but may contain recreational facilities (including
tennis courts, playgrounds, golf courses, swimming pools or other
like uses) for park users or historic buildings as are shown in the
approved development plan.
The Upper Perkiomen Valley Regional Comprehensive Plan, as
adopted on November 9, 2011, by the Red Hill Borough Council and all
amendments thereto, including maps, charts, and/or descriptive matter
as recommended and officially adopted by the Upper Perkiomen Valley
Regional Planning Commission relating to the continuing development
of Red Hill Borough and including all elements required in Article
III of the Pennsylvania Municipalities Planning Code.
The requirement that development applications demonstrate
that adequate public services be available at prescribed levels of
service concurrent with the impact or occupancy of the developed property.
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, created under the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3301 et seq., as amended from time to
time.
The Montgomery County Conservation District. A conservation
district, as defined in Section 3(c) of the Conservation District
Law [3 P.S. § 851(c)], which has the authority under a delegation
agreement executed with the Pennsylvania Department of Environmental
Protection to administer and enforce all or a portion of the erosion
and sediment control program in its County.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
Properties sharing a common boundary. Properties on opposite
sides of a public right-of-way shall not be considered contiguous.
An improved right-of-way for pedestrian travel across a street
connecting two blocks.
A local street with only one outlet and having an appropriate
terminus for the safe and convenient reversal of traffic.
A pipe, conduit or similar structure, including appurtenant
works, not incorporated in a closed storm sewer system, which carries
drainage water under a driveway, roadway, or other paved area.
The elevation of the top of a curb at a given point with
a reference to a designated datum.
A line formed by the face of the existing curb or, in its
absence, the outer edge of the shoulder, along which a curb would
be otherwise located.
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.
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 management systems.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, streets
and other paving, utilities, mining, dredging, filling, grading, excavation,
or drilling operations.
The provisions for guiding development, including a plan
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, parking facilities, ways, common open space, and public facilities.
An unstabilized land area where vegetation has been removed
and soil has been exposed, graded, or removed.
The natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
A private way providing for vehicular access between a public
or private street and a parking area or garage within a lot or property.
One or more rooms within a building designed, occupied, or
intended for occupancy as a separate living quarter with cooking,
sleeping, and sanitary facilities for the exclusive use of a single
occupant, multiple occupants, or a family maintaining a household.
A construction or other human activity which alters the surface
of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
or the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials, excluding agricultural activities.
A vested or acquired legal right to use land other than as
a tenant, for a specific purpose, such right being held by someone
other than the owner who holds title to the land.
A vertical distance above or below a fixed reference level,
or a flat scale drawing of the front, rear, or side of a building.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and competent in the profession as established under
the Pennsylvania Engineer, Land Surveyor, and Geologist Registration
Act.
A standardized measurement of the consumption, use, or generation
of water equivalent to that of a new single-family residential development
unit.
A deposit of cash with Red Hill Borough or escrow agent to
secure the promise to perform some future act.
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated, or bulldozed, as well as
the conditions resulting from such activities.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
A manmade bather constructed of commercially-available fencing
materials purchased from a reputable retailer or wholesaler and placed
or arranged as a line of demarcation between lots or to enclose a
lot or a portion thereof. Fencing constructed of pallets, scrap lumber,
scrap wood or unmilled wood from trees or other noncommercially-available
fencing material is specifically prohibited. The term "Fence" shall
be deemed to include a wall constructed as a line of demarcation between
lots or to enclose a lot or a portion thereof. All such walls must
be constructed of materials approved by Borough Council prior to the
issuance of permits and construction of the wall.
[Amended by Ord. No. 2018-544, 3/14/2018]
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 from such activities.
An irrevocable letter of credit issued by a Federal or Commonwealth-chartered
lending institution, a surety bond issued by a bonding company authorized
to conduct business within the Commonwealth or a Federal or Commonwealth-chartered
lending institution, certified check, or cash escrow maintained with
Red Hill Borough or a lending institution as aforesaid, provided by
the applicant to secure its financial and performance obligations
regarding public improvements associated with an approved subdivision
or land development.
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared. For the purposes of this Chapter, it shall be the one-hundred-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration.
BASE FLOOD ELEVATIONThe one-hundred-year flood elevation is the computed elevation to which floodwater is anticipated to rise during a base flood.
FEMA and FIAThe Federal Emergency Management Agency and the Federal Insurance Administration, which have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA. Both are within the U.S. Department of Homeland Security.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOODPLAINA relatively flat or low land area adjoining a stream, river, or watercourse, which is subject to partial or complete inundation during a one-hundred-year flood, or any area subject to the unusual and rapid accumulation of surface water from any source; also referred to as "flood-prone area."
FLOODPLAIN DISTRICTSThese specifically designated areas, which are delineated in the Red Hill Borough Zoning Ordinance,[4] include land which will be inundated primarily by the
one-hundred-year flood. Included are areas identified as the Floodway
District (FW), Flood-Fringe District (FF) and General Floodplain District
(FA).
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damage.
FLOODPROOFINGAny 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,[5] publication number EP 1165-2-314 (June 1972 and as subsequently
amended).
FLOODWAYThe channel of a river, stream, or other watercourse and the adjacent land area required to carry and discharge a flood of the one-hundred-year magnitude.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain district which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or is placed where the flow of the water might carry the same downstream to damage property or threaten lives.
ONE-HUNDRED YEAR FLOODA flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any one year. Also referred to as the "one-percent-frequency flood." For the purposes of this Chapter, the one-hundred-year flood (base flood) is as defined by the Federal Insurance Administration in the Flood Insurance Study pertaining to Red Hill Borough.
REGULATORY FLOOD ELEVATION (RFE)The one-hundred-year flood elevation plus a freeboard safety factor of 1/2 feet.
SUBSTANTIAL IMPROVEMENTAny 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. For the purposes of this definition, 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 either:
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; or
Any alteration of a structure listed on the National Register
of Historic Places or the Pennsylvania Inventory of Historic Places.
A unit of light intensity stated in lumens per square foot
and measureable with a luminance meter.
That side of a lot abutting on a street or right-of-way and
ordinarily regarded as the front of the lot.
The attribute of a light fixture from which no light is emitted
at or above a horizontal plain drawn through the bottom of the fixture
and no more than 10% of the light's intensity is emitted at or above
an angle of 10° below the horizontal plain, at all lateral angles
around the fixture.
Brightness in the field of view that is sufficiently greater
than the amount of light to which the eye is adapted, to cause a loss
in visual performance, discomfort or annoyance so as to jeopardize
health, safety, and welfare.
The elevation or slope of a street, parcel of land, utility
lines, drainageways, etc., specified in percent (%) and shown on plans
as required herein.
Low-growing plant materials planted in a manner to provide
continuous plant cover of the ground surface. Nonplant ground cover
may include bark or wood chips, gravel, and stone, provided that such
material is maintained as a continuous pervious cover.
Financial security that is required from the developer by
Red Hill Borough to guarantee the structural integrity and functioning
of improvements following final acceptance of dedication by Red Hill
Borough of improvements installed by the developer. Such financial
security may include irrevocable letters of credit, cash escrows or
a surety bond with a bonding company or Commonwealth- or Federally
chartered financial institution as further specified in this Chapter.
Financial security that is required from the developer by
Red Hill Borough as a condition to final approval of a subdivision
or land development plan to guarantee that the improvements shown
on the plan are installed and completed in accordance with the plan
and applicable provisions of this Chapter. Such financial security
may include irrevocable letters of credit, cash escrows or a surety
bond with a bonding company or Commonwealth or Federally chartered
financial institution as further specified in this Chapter.
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of a flat or multilevel roof or, for gable, hip or gambrel roofs,
to the mean height between the eaves and ridge. Chimneys, spires,
towers, mechanical penthouses, tanks, and similar projections not
intended for human occupancy shall be excluded.
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.
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 Natural Resources Conservation Service (NRCS) of the
U.S. Department of Agriculture 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
HGS varies from A to D.
A fee imposed on new development to help finance the cost
of new improvements or services. Impact fees do not include the dedication
of rights-of-way or easements for such new facilities or construction
of such improvements.
Coverage of the site by materials which prevent infiltration
into the ground and which result in stormwater runoff of approximately
100%. Included are:
A body of water, such as a pond, lake, dam, retention or
detention basin designed to manage stormwater runoff by retaining
it at a controlled rate.
The physical additions, installations, and/or changes necessary,
desirable or proposed to render land suitable for the use or uses
intended, including streets, curbs, sidewalks, landscaping, utilities,
and drainage facilities.
Improvements, including but not limited to those contained
in the definition of "improvements," that are constructed on the applicant's
property or along the road frontage of the tract being developed up
to the center line of the road.
Improvements, including but not limited to those contained
in the definition of "improvements," that are intended for dedication
to Red Hill Borough, or other municipal body or authority, either
in fee or in easement.
Development that takes place within existing communities,
making maximum use of the existing infrastructure instead of building
on previously undeveloped land.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
Light emitted by a lighting fixture or installation which
is cast beyond the boundaries of the property on which the lighting
fixture or installation is placed.
A designated tract, parcel, or unit of land held by a landowner
and/or intended for use, development, lease, or transfer of ownership
and for which a deed description is recorded or is intended to be
recorded at the Office of the Recorder of Deeds for Montgomery County.
The area of land contained with the property lines of a parcel,
tract or lot as described in the deed or as shown on an approved subdivision
plan.
The gross lot area, excluding the following areas:
Any area within the street ultimate right-of-way; or within
any other ultimate right-of-way, whether public or private, that provides,
or is intended to provide, access to more than one lot by way of vehicular
and/or pedestrian circulation.
Any area, easement or right-of-way to be used for emergency
access, drives or fire lanes.
The net lot area shall be used to determine the area, bulk, coverage, dimensional, and density requirements as provided in the Zoning Ordinance (Chapter 27).
A lot having contiguous frontage on two or more intersecting
roads. The yard setback for each road frontage shall be the front
yard setback for the district in which the lot is located. One of
the other two sides shall have a rear yard setback and the other shall
be the side yard.
Any property boundary line of a lot, further defined as follows:
FRONT LOT LINEThe line identical with the street ultimate right-of-way line (also known as "street line").
REAR LOT LINEThe line or lines most nearly parallel or concentric to the front lot line.
SIDE LOT LINESThe lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable. The remaining line shall be considered the rear lot line.
A lot which fronts on more than one street shall have a front
lot line on each street frontage.
The horizontal distance between side lot lines, measured
at the building line, parallel or concentric to the ultimate right-of-way
line. For a corner lot, lot width shall be measured parallel or concentric
to the ultimate right-of-way line of the higher classification of
street, where applicable.
Any tree of six inches or more in caliper, whether standing
alone or in a tree mass or woodlands.
A transportable single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into an integral unit capable of again being separated
for repeated towing, which arrives at the site complete and ready
for occupancy except for minor and incidental unpacking and assembly
operations, and constructed so that it may be used without a permanent
foundation. A mobile home need not meet local building codes but shall
meet the standards of the U.S. Department of Housing and Urban Development,
as indicated in the Structural Engineering Bulletin(s) which shall
be provided to Red Hill Borough by the applicant. Also referred to
as a "manufactured home."
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A tapered, permanent survey reference point of stone or concrete
having a flat top at least four inches on each side and a length of
at least 24 inches, embedded vertically into the ground.
A component of a landscape existing or maintained as part
of the natural environment and having ecological value in contributing
beneficially to, among other things, air and water quality, erosion
control, groundwater recharge, noise abatement, visual amenities,
growth of wildlife, human recreation, reduction of climatic stress
and energy costs.
A septic tank and drainage field or other type of sewage
disposal system located on a single lot and serving one equivalent
development unit.
Public or private lands designated for the use and enjoyment
of residents of a development and/or the general public, incorporating
natural features such as woodlands, streams, or meadows, and including
state, County or Red Hill Borough parks, trails, and other recreational
facilities. Also includes common open space, as defined above, and
other private lands which are available for the use of Red Hill Borough
residents (i.e., through access easements). (See "common open space.")
Any publicly owned area which is predominantly open space
and is used principally for active or passive recreation.
A designated land corridor containing a route designed for
nonmotorized travel that connects local facilities, neighborhoods,
commercial districts, etc., to a larger trail or sidewalk network.
Sidewalks are not considered pathways.
The maximum rate of flow of stormwater runoff at a given
point and time resulting from a particular magnitude storm.
The Municipalities Planning Code, originally enacted as Act
247 of 1968, which establishes the basic authority for the exercise
of municipal land use controls in Pennsylvania. All subsequent amendments
are included. Abbreviated as "MPC" or "Act 247."[6]
One of the tests required to identify a suitable area for
the location of an on-site septic system. The test measures the ability
of the soil to absorb water.
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
The Red Hill Borough Planning Commission.
The map or plan of a subdivision or land development, whether
preliminary or final.
A building which is considered the principal use of the lot
on which it is located.
The single dominant use or single main use on a lot.
A recorded boundary of a lot. Any property line which abuts
a street or other public way shall be measured from the legal right-of-way.
A formal meeting held pursuant to public notice by the governing
body, Planning Commission, or other municipal agency, intended to
inform and obtain testimony and public comment, prior to taking action
in accordance with the Pennsylvania Municipalities Planning Code,
as amended.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[7]
Notice of a public hearing published in a newspaper of general
circulation in Red Hill Borough. Such notice shall State the time
and place of the hearing and particular nature of the matter to be
considered at the hearing. The publication of a public notice shall
be in accordance with the Pennsylvania Municipalities Planning Code,
as last amended.
A parcel of land whose primary function is to separate a
street from adjacent properties, while not being used or capable of
being used as a building lot, open space, or recreation area.
Lotting which extends between two streets of differing classifications,
with vehicular access provided from the lesser street, in order to
promote traffic flow and safety on the greater street.
A strip of land occupied or intended to be occupied at some
future date by roads, railroads, transmission lines, pathways, oil
and gas pipelines, waterlines, sewer lines, and other similar facilities.
Soils or other materials transported by surface water as
a product of erosion.
A licensed employee of the Montgomery County Health Department
who issues permits, reviews permit applications and sewage facilities
planning modules, and conducts inspections and investigations necessary
to implement the Pennsylvania Sewage Facilities Act and regulations
promulgated under it.
A comprehensive plan for the provision of adequate sewage
facilities as adopted by Red Hill Borough and approved by the Pennsylvania
Department of Environmental Protection under the Pennsylvania Sewage
Facilities Act (Act 537).[8]
Completed forms submitted to the Sewage Enforcement Officer
and PADEP for the purposes of revising the sewage facilities plan
resulting from a proposed land development or subdivision.
The distance of unobstructed view along the center line of
a street from the driver's eye height of 3 1/2 feet above the
pavement surface to the furthest visible point 24 inches above the
street surface.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
The Montgomery County Soil Survey, latest edition, prepared
by the Nature Resources Conservation Service of the United States
Department of Agriculture.
Any tree with a caliper that is 75% or more of the record
tree of the same species in the Commonwealth of Pennsylvania.
The surface runoff generated by precipitation, snow or ice
melt, reaching the ground surface.
A structure which provides for the storage and controlled
release of stormwater runoff during and after a storm. Also referred
to as a "sediment basin," "retention basin" or "detention basin."
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, and infiltration structures.
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.
Water from rainfall or melting snow in a watershed in excess
of the natural absorbency of that watershed, which flows over the
ground surface to collect in streams and channels.
A line identical to the ultimate right-of-way line.
Any right-of-way which serves to access and provide for transportation between multiple properties, whether under public or private ownership, and used or intended to be used by vehicular traffic and pedestrians, and which may also be used to provide space for sewer, other utilities and sidewalks, including street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, or other similar facilities. Categories of streets are further defined in § 22-419.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe total width of any land dedicated as a street as reflected on a recorded subdivision plat, boundary plat or dedication plat.
ULTIMATE RIGHT-OF-WAYThe total width of any land which is projected as necessary for adequate handling of anticipated maximum traffic volumes, determined by the street's function, in accordance with street classifications contained in this Chapter, and outlined in the Upper Perkiomen Valley Regional Comprehensive Plan. The ultimate right-of-way becomes the legal right-of-way when it has been offered for dedication and accepted by Red Hill Borough.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with street classifications contained in this Chapter and outlined in the Upper Perkiomen Valley Regional Comprehensive Plan.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development. The subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
All subdivisions not classified as minor subdivisions, including
but not limited to subdivisions of four or more lots, or any size
subdivision requiring a new street or extension of the municipal facilities
or the creation of public improvements.
Any subdivision containing not more than three lots fronting
on an existing street, not involving any new street or road, or the
extension of municipal facilities or the creation of public improvements,
and not adversely affecting the remainder of the parcel or adjoining
property, and not in conflict with any provision or portion of the
Upper Perkiomen Valley Regional Comprehensive Plan, Red Hill Borough
Zoning Ordinance,[9] or other pertinent ordinances and regulations. Minor subdivisions
include lot line adjustments and simple conveyances, as defined herein:
LOT LINE ADJUSTMENTA proposal between two abutting, existing, legally approved and recorded lots in which a lot line between the two lots is proposed to be adjusted in terms of its location or configuration.
SIMPLE CONVEYANCEA proposal between two abutting, existing, legally approved and recorded lots in which a portion of one lot is being divided off to be conveyed to the owner of the abutting lot. The land area to be conveyed in a simple conveyance generally does not comply with one or more of the dimensional standards of the district in which the lots are located.
A licensed land surveyor, registered as such in the Commonwealth
of Pennsylvania, and competent in profession as established under
the Pennsylvania Engineer, Land Surveyor, and Geologist Registration
Act.
The original upper layer of soil material to a depth of six
inches which is usually darker and more fertile than subsoil.
A technical evaluation of the traffic impacts associated with a proposed subdivision or land development. Criteria for a traffic impact study are contained in § 22-441.
A designated land corridor containing an improved route designed
for nonmotorized travel that provides recreational, aesthetic, alternate
transportation, or educational opportunities. Sidewalks are not considered
trails, though they can serve as trail connections.
A single or one-way vehicle movement to or from a property
or study area. Trips can be added together to calculate the total
number of vehicles expected to enter or leave a specific land use
or site over a designated period of time.
The dividing line between a lot and the outside limit of
a street ultimate right-of-way. Identical with "front lot line" and
"street line."
A barrier for the purpose of limiting or obscuring a view;
generally comprised of vegetation, structures, or earthworks suitable
for the purpose.
A channel or conveyance of surface water, such as a stream
or creek, having defined bed and banks, whether natural or artificial,
with perennial or intermittent flow.
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate State agencies
and the local authorities. Includes the following definitions:
WATER FACILITIES PUBLICA water distribution system serving all or a portion of Red Hill Borough and operated by the Red Hill Water Authority, or other certified public utility.
WATER FACILITIES, COMMONA water distribution system serving a single neighborhood or development.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions; includes
swamps, marshes, bogs and similar areas. Development in wetlands is
regulated by the U.S. Army Corps of Engineers and the Pennsylvania
Department of Environmental Protection. Identification of wetlands
should be based upon the "1987 Corps of Engineers Wetlands Delineation
Manual."
The area(s) of a lot between the principal structure on a
lot and the lot line of the 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.
A yard is measured at right angles from the right-of-way or lot line
to the nearest building wall. "Yard" is further defined as follows:
FRONT YARDA yard which extends across the full width of a lot along the front lot line, for a depth equal to the minimum front yard setback distance required by the specific regulations of the Zoning Ordinance,[10] measured perpendicular from the street right-of-way line,
unless stated otherwise, toward the center of the lot.
REAR YARDThe space extending across the full width of a lot along the rear lot line, for a depth equal to the minimum rear yard setback distance required by the specific regulations of the Zoning Ordinance, measured perpendicular from the rear lot line to the center of the lot.
SIDE YARDA space extending from the front yard to the rear yard along a side lot line for a depth equal to the minimum side yard setback distance required by the specific regulations of the Zoning Ordinance, measured perpendicular from the side lot line toward the center of the lot. However, corner lots shall be regarded as having two front yards for the frontage along a street. Therefore the setback for a side yard with street frontage shall be the same as the front yard setback for the zoning district in which the property is located.
A line which locates and delineates the minimum yard setback
requirements, measured from the appropriate property lines.
The person or agency appointed by Red Hill Borough to administer
and enforce the provisions of the Zoning Ordinance. The term "Zoning
Officer" shall also include any duly appointed staff or assistants.
[2]
Editor's Note: The Municipality Authorities Act of 1945, previously
codified as 53 P.S. § 301 et seq., was repealed 6-19-2001
by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.
[5]
Editor's Note: U.S. Army Corps of Engineers.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See now 65 Pa.C.S.A. § 701 et seq.
[8]
Editor's Note: See 35 P.S. § 750.1 et seq.
[Ord. 2013-499, 7/10/2013]
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ASTM
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American Society for Testing Materials
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DEP
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Pennsylvania Department of Environmental Protection
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DRBC
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Delaware River Basin Commission
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EPA
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Federal Environmental Protection Agency
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IESNA
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Illuminating Engineering Society of North America
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ITE
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Institute for Traffic Engineers
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PADOT
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Pennsylvania Department of Transportation
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MCCD
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Montgomery County Conservation District
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MCHD
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Montgomery County Health Department
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MCPC
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Montgomery County Planning Commission
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UMJA
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Upper Montgomery Joint Authority
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