Borough of Franklin Park, PA Word Usage and Definitions

In case of conflict, the definitions contained in the MPC,[1] as the same may be amended from time to time, shall prevail.

[1]

Editor's Note: See the Municipalities Planning Code, 53 P.S. § 10101 et seq.

Unless otherwise specified, all terms defined in Chapter 212, Zoning, shall apply to this chapter. The following definitions shall apply to this chapter:

AGRICULTURE

Growing or producing for sale or use domestic livestock, farm grains, feed or hay, fruits, vegetables, dairy products, poultry, eggs, seed crops or other products typical of farm activity of the locality.

AMUSEMENT PARK

A tract or area used principally as a location for permanent amusement structures or rides.

BLOCK

A unit of land, usually containing lots, bounded by existing or proposed streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development.

CHANNEL

A natural stream that conveys water; a ditch or open channel excavated for the flow of water.

CLEAR SIGHT TRIANGLE

A triangular-shaped area of undisrupted vision 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.

COMMONWEALTH

The Commonwealth of Pennsylvania.

CONSERVATION DISTRICT (ACCD)

The Allegheny County Conservation District.

COUNTY

Allegheny County, Pennsylvania.

CUL-DE-SAC

A dead-end street having a suitable turnaround for the safe and convenient reversal of traffic movement.

CULVERT

A pipe, conduit or similar structure, including appurtenant works, which carries a stream under or through an embankment or fill.

DEP

Pennsylvania Department of Environmental Protection.

DESIGN STORM

The magnitude of precipitation from a storm event measured in probability of occurrence (e.g., fifty-year storm) and duration (e.g., 24 hours) and used in designing stormwater management control systems.

DETENTION BASIN

A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. A detention basin is designed to drain completely after a storm event.

DEVELOPMENT

Any activity, construction, alteration, change in land use or similar action that affects stormwater runoff characteristics.

DISCHARGE

Rate of flow, specifically fluid flow; a volume of fluid flowing from a conduit or channel or being released from detention storage, per unit of time; commonly expressed in cubic feet per second (cfs), million gallons per day (mgd), gallons per minute (gpm) or cubic meters per second (cms).

DISCHARGE CONTROL POINT

A point of hydraulic concern, such as a bridge, culvert or channel section, for which the rate of runoff is computed or measured in the watershed plan.

DRAINAGE AREA

The contributing area to a single drainage basin, expressed in acres, square miles or other units of area; also called a "catchment area," "watershed" or "river basin"; the area served by a drainage system or by a watercourse receiving stormwater and surface water.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice or gravity, including such processes as gravitational creep.

EXCAVATION

Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

The federal agency that is responsible for responding to national emergencies and that establishes emergency response guidelines and requirements for states and municipalities to follow.

FILL

Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location, and shall include the conditions resulting therefrom.

FRONTAGE

That side of a lot abutting on a street and ordinarily regarded as the front of the lot.

GRADING

Excavation or fill or any combination thereof, and shall include the conditions resulting from any excavation or fill.

GREENWAY LAND

The portion of a site area that is set aside for the protection of natural features, farmland, scenic views, and other valuable natural features.

HAZARD

A danger or potential danger to the life, limb or health of the general public or an adverse effect or potential adverse effect on the safety, use or stability of property, waterways, public ways, structures, utilities and storm sewers used by the general public. "Hazard" shall also include stream pollution.

IMPERVIOUS SURFACE

Those surfaces with a coefficient of runoff greater than 0.85. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete or asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by a professional engineer selected by the municipality to be impervious within the meaning of this definition will also be classified as impervious surfaces.

IMPROVEMENT

Construction of any building or structure, or an addition or enlargement thereof, as well as any street, driveway, paved area or stormwater management facility.

LAKES AND PONDS

Natural or artificial bodies of water which retain water year round. Artificial ponds shall be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the maximum condition rather than permanent pool, if there is any difference. Lakes are bodies of water two or more acres in extent. Ponds are bodies of water less than two acres in extent.

LAND DEVELOPMENT

(1)

The improvement, as defined herein, of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a)

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively;

(b)

A single nonresidential building on a lot or lots, regardless of the number of occupants or tenants, including any structural alteration to an existing building which results in additional lot coverage; or

(c)

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 developing streets, common areas, leaseholds, condominiums, building groups or other features.

(2)

Subdivision, as defined herein.

(3)

Development in accordance with Section 503(1.1) of the Municipalities Planning Code.[2]

(4)

The following shall not be considered land development:

(a)

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.

(b)

Accessory uses and/or structures as defined in Chapter 212, Zoning.

(c)

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

(d)

The addition of an accessory building, including farm buildings less than 600 square feet, on a lot or lots subordinate to an existing principal building.

(e)

An addition to an existing nonresidential structure that totals less than 10% of the total gross floor area of the existing nonresidential structure on the site.

(f)

The addition or conversion of buildings or rides within the confines of an amusement park, except the expansion of an amusement park onto newly acquired acreage.

LAND DEVELOPMENT, MAJOR

See "major land development."

LAND DEVELOPMENT, MINOR

See "minor land development."

LAND DEVELOPMENT PLAN

A plan prepared in accordance with the application requirements of this chapter for approval of a land development, as defined herein.

LAND DISTURBANCE

Any activity involving grading, tilling, digging or filling or the stripping of vegetation, or any other activity which causes land to be exposed to the danger of erosion.

LANDSLIDE SUSCEPTIBILITY

Areas of moderate to high susceptibility to landsliding produced by the influence of natural and/or man-related activity. Plans for development within these areas must be submitted by a professional engineer or landscape architect licensed in the Commonwealth of Pennsylvania, approved by the governing body.

MAJOR LAND DEVELOPMENT

Any land development not meeting the definition of "minor land development" and specifically including:

(1)

Any proposed residential development of five dwelling units or more.

(2)

All nonresidential development.

(3)

Any development requiring a new street, extension of municipal facilities, new improvements or public easements.

MAJOR SUBDIVISION

Any subdivision not meeting the definition of "minor subdivision."

MINOR LAND DEVELOPMENT

Any proposed residential development of fewer than five dwelling units fronting on an existing street, which does not involve any new street(s), public or private, or extension of municipal facilities, new improvements or public easements.

MINOR SUBDIVISION

A subdivision plan of not more than five lots, which does not require provisions for a new street.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel, or contiguous parcels, of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MONUMENT

A concrete form or metal rod used to mark a designated survey point.

MULTIFAMILY DWELLING

A residential building or portion of a building which contains three or more dwelling units, including, but not limited to, apartments and townhouses.

MUNICIPALITIES PLANNING CODE (MPC)

The Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101 through 11202, as reenacted and amended.

NATIONAL FLOOD INSURANCE ACT (NFIA)

This act established the federally backed Flood Insurance Program. Through the program, homeowners in participating communities which meet certain standards may purchase flood insurance from private insurance companies which is then backed by the full faith of the federal government.

NET ACRE

All ground remaining in a development after deducting the acreage necessary for roads, public infrastructure and community service facilities.

PERMIT

A permit to construct, alter or extend any development or building.

PRIMARY CONSERVATION AREAS

Shall consist of wetlands; streams and other watercourses; ponds and other water bodies; floodplains; steep slopes greater than 25% and slide-prone areas.

PROFESSIONAL CONSULTANTS

Persons who provide expert or professional advice, including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC IMPROVEMENTS

Any improvement, facility or service, together with its associated public site or right-of-way, necessary to provide transportation, drainage, public or private utilities, energy or similar essential services. Any or all of the following shall be considered public improvements:

Grading.

Street pavement.

Curbs and gutters.

Sidewalks.

Crosswalks.

Waterlines.

Sanitary sewer lines and appurtenances.

(8)

Storm sewer lines and drainage structures.

(9)

Curb returns.

(10)

Driveway entrances in the right-of-way.

Guide rails.

Street signs.

Streetlights.

Fire hydrants.

Monuments.

Any prearranged gathering of the Borough Council, its committees, or any Borough-appointed bodies which is attended or participated in by a quorum of members held for the purpose of deliberating agency business or taking official action.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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 more than 30 days and the second publication shall not be less than seven days from the date of the hearing. In case of conflict, the definition of "public notice" contained in the MPC,[3] as the same may be amended from time to time, shall prevail.

RETAINING WALL

A structure composed of concrete, steel or other approved building material constructed for the purpose of supporting a cut or filled embankment.

RETENTION BASIN

A permanent lake or pond designed to also retard stormwater by temporarily storing the excess runoff and releasing it at a lower rate.

RIGHT-OF-WAY

A legal street or a public way owned by a unit of government, acquired by purchase, gift, dedication or condemnation, or owned by private parties as a private street.

RIGHT-OF-WAY, ULTIMATE

The right-of-way deemed necessary to provide adequate width for future street, utility and other public improvements.

RUNOFF

That part of precipitation which flows over the land.

SCS

The Soil Conservation Service, United States Department of Agriculture.[4]

SECONDARY CONSERVATION AREAS

Shall consist of important natural and/or cultural features on the site area, in addition to the primary conservation areas, that are identified during the four-step design process. They shall include, but not be limited to, mature woodlands; moderately steep slopes of 12% up to 25%; natural heritage areas identified in the Natural Heritage Inventory; historic features such as old stone walls and foundations; prime agricultural soils; and areas providing scenic vistas.

SERVICE BUILDING

A structure housing sanitary, operations, office, recreational, maintenance and other facilities.

SEWER CONNECTION

Pipes, fittings and appurtenances from the drain outlet to the inlet of the corresponding sewer riser pipe of the sewer system.

SEWER RISER PIPE

That portion of the sewer lateral which extends vertically to the ground elevation and terminates at a designed point.

SITE

A lot, tract or parcel of land, or a series of lots, tracts or parcels of land, which may be adjoining and on which development has been proposed, is occurring or has occurred.

SOIL-COVER-COMPLEX METHOD

A method of runoff computation developed by SCS and found in its publication Urban Hydrology for Small Watersheds, Technical Release No. 55, SCS, January 1975.

SOILS ENGINEER

A person registered by the Commonwealth of Pennsylvania as a professional engineer and who has training and experiences in the branch of soils engineering.

SOIL SURVEY

The unpublished and operational soil survey for Allegheny County, Pennsylvania, and the accompanying text, Soil Survey Interpretations of Allegheny County, Pennsylvania, as prepared by the United States Department of Agriculture Soil Conservation Service et al. When applicable, "soil survey" shall mean the Soil Survey, Allegheny County, Pennsylvania, when this publication is completed.

STEEP SLOPES

Areas of existing topography, where the difference in elevation is over 20 feet for each one-hundred-foot horizontal distance or where the slope equals or exceeds 25% from the top to bottom of the break in grade.

STORM SEWER

A system of pipes or other conduits which carries intercepted surface runoff, street water and other wash waters or drainage, but excludes domestic sewage and industrial wastes.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development, provided that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBDIVISION, MAJOR

See "major subdivision."

SUBDIVISION, MINOR

See "minor subdivision."

SUBDIVISION PLAN

A plan prepared in accordance with the application requirements of this chapter for approval of a subdivision, as defined herein.

TIME OF CONCENTRATION

The time period necessary for surface runoff to reach the outlet of a subarea from the hydraulically most remote point in the tributary drainage area.

TRACT

An area, parcel, site, piece of land or property which is the subject of a development application.

TRAFFIC IMPACT STUDY (TIS)

A study conducted by a professional engineer with training and expertise in road design and vehicular movement to determine if the proposed roads in a given development are adequate and how the additional traffic generated by a development will impact existing roads to determine if those roads should be upgraded and/or if additional traffic control measures are warranted.

WATERCOURSE

A stream, intermittent stream, river, creek, channel or ditch which carries water, whether natural or man-made.

WATER SERVICE PIPE

All pipes, fittings, valves and appurtenances from the water main of the distribution system to the water outlet of the distribution system.

WATERSHED

The entire region or area drained by a river or other body of water, whether natural or artificial. A "designated watershed" is an area delineated by the Pennsylvania Department of Environmental Protection and approved by the Environmental Quality Board for which counties are required to develop watershed stormwater management plans.

WETLANDS

Any area which meets the criteria established in the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as required by the Pennsylvania Department of Environmental Protection (PA DEP), as the same may be amended or replaced.

WOODLANDS

Areas, groves or stands of mature or largely mature trees [i.e., greater than six inches' caliper (diameter) at a height of 14 inches above the ground] covering an area greater than 1/4 of an acre; or groves of mature trees [greater than 12 inches' caliper (diameter) at a height of 14 inches above the ground] consisting of more than 10 individual trees.

[2]

Editor's Note: See 53 P.S. § 10503(1.1).

[3]

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

[4]

Editor's Note: Now known as the NRCS, Natural Resources Conservation Service, of the United States Department of Agriculture.