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.
Words and terms used in this chapter shall have
the meanings given in this article. 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 absence of a legal definition, its meaning
as commonly accepted by practitioners including civil engineers, surveyors,
architects, landscape architects, and planners.
That which conforms to accepted principles, tests or standards
of nationally recognized technical, scientific, and/or engineering
authorities.
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.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
and assigns.
Every application, whether preliminary, tentative, 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.
See definition under "floodplain."
An area bounded by streets or streets and natural or man-made
features.
Any form of surety bond in an amount and form satisfactory
to Borough Council. All bonds shall be approved by the Borough Council
whenever a bond is required by regulation.
The elected governing body of the Borough of Schwenksville;
also referred to as Council.
An area designed to separate the uses of land which abut
it and which functions to ease the transition between them. Unless
otherwise specified, buffers may be included as part of the required
setbacks and yard areas. Buffers may be divided into two or more types
as explained in the Design Standards of this chapter.[1]
See "applicant."
Any structure, whether built conventionally or in a manner
generally referred to as "mobile," "modular," or "manufactured," and
having enclosed walls and roof, permanently located on the land, the
ordinary use of which requires people to enter the structure.
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 and rights-of-way.
Caliper of the trunk is a diameter measurement taken six
inches above the ground up to and including four-inch caliper size,
and 12 inches above the ground for larger sizes. Caliper of trees
is a standard measurement used in the grading of nursery stock.
[Amended 3-8-2007 by Ord. No. 340]
Large shade tree with deciduous foliage (leaves lasting only
one growing season, bare in winter), generally reaching at least 40
feet in height at maturity.
[Added 3-8-2007 by Ord. No. 340]
The portion of a street, alley, or driveway intended for
vehicular use.
A parcel or parcels of land, or an area of water, or a combination
of land and water within a development site and 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. Also referred to as open space. May be public or private.
The current, officially adopted Comprehensive Plan for the
Borough of Schwenksville and all amendments thereto.
A form of ownership of real property, as defined in the Pennsylvania
Uniform Condominium Act,[2] which includes an undivided interest in a portion of a
parcel, together with a separate interest in a space within a structure.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
A structure designed to convey stormwater not incorporated
into a closed pipe system under a road or pedestrian pathway.
The outermost edge of a cartway, equivalent to the edge of
paving where curbs are not utilized.
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.
Diameter at breast height; a measure of trunk diameter in
inches, taken at 4 1/2 feet above the ground. The measured section
should be unbranched and representative of the typical age of the
tree species. Dbh measurement is applied to existing trees (compared
to caliper used for nursery stock).
[Added 3-8-2007 by Ord. No. 340]
An applicant may elect to proceed under the de minimis improvement
process for improvement on an existing developed lot which will not
involve an increase to impervious surface on said lot of 10% of that
existing prior to the new improvement or 2,000 square feet, whichever
is less. Any given building may have up to three de minimis improvements
as long as the cumulative additions do not exceed the de minimis standards
stated above
[Added 8-13-2009 by Ord. No. 356]
The magnitude of precipitation from a storm event measured
in probability of occurrence (i.e., a fifty-year storm) and duration
(twenty-four-hour storm) and used in computing stormwater control
devices.
An impound basin designed to retard stormwater runoff by
temporarily storing the runoff and releasing it over a predetermined
rate.
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, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation, or drilling operations.
The provisions for development, including a planned residential
development, 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. The phrase "provisions of
the development plan" shall mean the written and graphic materials
referred to in this definition.
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 and pedestrian access
between a public street and a parking area within a lot or property.
A right-of-way or other right granted by a property owner
for the use of a designated part of his/her property for public, quasi-public,
or private purposes, including utilities, drainage ways, and access.
A natural woodland area that may have an exemplary forest
plant community or support a rare or endangered species. Woodland
sites listed in "A Natural Areas Inventory of Montgomery County, Pennsylvania,"
in the Pennsylvania Natural Diversity Index (PNDI), along steep slopes
and/or riparian corridors would be considered ecologically significant
woodlands.
[Added 3-8-2007 Ord. No. 340]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and competent in the fields encompassed by these regulations.
A deposit of cash with the Borough of Schwenksville or escrow
agent to secure the promise of perform some future act.
A woody plant capable of reaching a minimum mature height
of 20 feet, with foliage (needles) persistent for more than one full
year, resulting in year-round (evergreen) foliage screening capacity.
[Added 3-8-2007 by Ord. No. 340]
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated or bulldozed, as well as
the conditions resulting therefrom.
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.
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 as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain, or other similarly documented areas, the one-hundred-year flood elevation shall be established as a point on the boundary of the floodplain nearest to the construction site in question.
FEMA AND FIAThe Federal Emergency Management Agency and the Federal Insurance Administration who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this chapter, it also delineates floodplain areas.
FLOOD INSURANCE STUDYThe examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this and other ordinances.
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 MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
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 Flood Proofing Regulations published by the Office of the Chief Engineers, U.S. Army, publication number EP 1165 2 314 (June, 1972 and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the Completely Dry Spaces (W1) and Essentially Dry Spaces (W2) classes referenced in these regulations. In said publication where reference is made to "below" (or above) the "BFD" (Base Flood Datum) it shall be interpreted as meaning below (or above) the base flood elevation.
ONE-HUNDRED-YEAR FLOODA flood that has one chance in 100 or a one- chance of being equalled or exceeded in any one year. For the purposes of this chapter, the one-hundred-year flood (base flood) as defined by the Federal Insurance Administration in the Flood Insurance Study.
REGULATORY FLOOD ELEVATIONThe one-hundred-year flood elevation plus a freeboard safety factor of 1 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 a National
Register of Historic Places or a State Inventory of Historic Places.
The length of the lot line abutting a street right-of-way.
The 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; lawn, ivy, and other
low plant materials are included. Nonplant ground cover may also include
bark or wood chips, gravel, and stone provided they are maintained
as a continuous pervious cover.
Typically, a narrow linear vegetated area with a mix of woody
trees and shrubs formed along farm fields and pastures. Hedgerows
may be considered as a desirable visual characteristic of a rural
landscape, warranting preservation during the land development process.
[Added 3-8-2007 by Ord. No. 340]
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of the roof as further defined below:
Flat: highest point measurable.
Mansard: deckline.
Gable, hip, gambrel: mean height between the
eaves and ridge.
For a building with two or more roof heights,
to the higher roof.
Chimneys, spires, towers, mechanical penthouses,
tanks, and similar projections not intended for human occupancy shall
be excluded.
A fee imposed on new development to mitigate the impact on
community facilities created by the demand for capital improvements
by the new development. Impact fees do not include the dedication
of rights-of-way of easement for such facilities, or construction
of such improvements.
Material which is impenetrable and unable to absorb water,
including but not limited to buildings, structures, and paved areas.
The physical additions, installations and changes required
to render land suitable for the use proposed, including but not limited
to streets, curbs, sidewalks, utilities, and drainage facilities.
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 tenants; 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.[3]
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 proprietary interest in land.
A designated parcel, tract, or area of land
established by a plat or otherwise as permitted by law and to be used,
developed, or built upon as a unit.
A contiguous 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 horizontal land area of a lot, further defined as follows:
GROSS LOT AREAThe total horizontal land area lying within the lot or tract boundaries.
NET LOT AREAGross lot area minus:
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135º.
A lot which conforms in all respects to the dimensional requirements
of the zoning district in which it is located, except that the only
road frontage and access is limited to an access strip. This definition
does not include the commonly used wedge-shaped lots located on a
cul-de-sac turnaround. Also known as flag or interior lot.
Any security which may be required and accepted by the Borough
Council to ensure that the necessary improvements will function over
a specific amount of time.
Any tree of six inches or more in dbh, whether standing alone,
in tree masses, or woodlands. A mature tree shall be a healthy specimen
and shall be a desirable species, as determined by the municipal consultant/arborist/forester.
[Added 3-8-2007 by Ord. No. 340]
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.).
[Added 3-8-2007 by Ord. No. 340]
A tapered, permanent survey reference point of stone or concrete
having a top four inches on each side and a length of 24 inches.
See "common open space."
The maximum rate of flow of stormwater runoff at a given
point and time resulting from a particular magnitude storm.
PNDI was established in 1982 as a joint venture of The Nature
Conservancy (Pennsylvania Science Office), the Pennsylvania Department
of Conservation and Natural Resources and the Western Pennsylvania
Conservancy to establish an inventory data base on outstanding natural
habitat types and sensitive plant and animal species.
[Added 3-8-2007 by Ord. No. 340]
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
The planning agency created by the Borough Council in accordance with Article II; Planning Agencies, of the Pennsylvania Municipalities Planning Code.[5] If a Borough Planning Commission is not created, then
the Borough Council may assign the powers and duties of the Borough
Planning Commission to a planning committee comprised of members appointed
from the Borough Council, in which case all references herein to the
Borough Planning Commission shall refer to the planning committee.
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform or obtain information,
prior to taking action in accordance with this chapter.
The level of control of the postdevelopment peak rate of
runoff to be achieved for a particular site, expressed as a percentage
of the predevelopment peak rate of runoff.
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, or legitimate
environmental protection purposes.
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 over which are provided rights for various
purposes including vehicular access and travel, storm drainage, and
utilities. Also see "street rights-of way."
A letter of credit, surety bond, or cash escrow provided
by the applicant to secure its promises regarding public improvements
associated with an approved subdivision or land development.
A comprehensive plan for the provision of adequate sewage
facilities which was adopted by the Borough Council and approved by
the Department of Environmental Protection.
A woody plant, usually with multiple stems, each of which
has a dbh of less than three inches. Shrubs are generally less than
20 feet tall at maturity.
[Added 3-8-2007 by Ord. No. 340]
The distance of unobstructed view along the center line of
a street from the driver's eye-height of 3.75 feet to the furthest
visible point six inches above the street surface.
Refer to municipality’s definition.
[Amended 3-8-2007 by Ord. No. 340]
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture.
The dividing line between a lot and a street, identical to
the ultimate right-of-way line.
A public or private right-of-way serving primarily as a means
of vehicular and pedestrian travel, furnishing access to abutting
properties, and which may also be used for utilities, shade trees,
and stormwater control. Includes street, avenue, boulevard, road,
highway, freeway, parkway, lane, alley, viaduct, and any other ways
used or intended to be used by vehicular traffic or pedestrians.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a development plan is submitted.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the 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 the street classifications contained in this chapter.
Any man-made objective having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land.
Any form or arrangement of building material
involving the necessity of providing proper support, bracing, tieing,
anchoring, or other protection against the forces of the elements.
Also see "building" definition.
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, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than ten acres,
not involving any new street or easement of access or any residential
dwelling shall be exempted.
A land surveyor, licensed as such in the Commonwealth of
Pennsylvania and competent in the skills needed to conduct the surveys,
lay out the subdivision plans and install all markers required by
the terms of this chapter.
A point above the mean water surface of a watercourse which
defines the maximum depth of channel flow in the watercourse. It is
either determined visually or computed as an elevation using the peak
rate of runoff from a two-year storm event.
[Added 3-8-2007 by Ord. No. 340]
A grouping of three or more trees, with average eight inches
dbh minimum.
[Added 3-8-2007 by Ord. No. 340]
Deciduous trees with characteristic flower or foliage color
of ornamental/aesthetic value. Understory trees are generally smaller
(20 to 40 feet mature height) than canopy trees.
[Added 3-8-2007 by Ord. No. 340]
The dividing line between a lot and the outside limit of
a street ultimate right-of-way.
A barrier whose purpose is to obscure a view; generally comprised
of plant materials suitable for the purpose.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales, and rivers.
Those areas that are inundated or saturated by surface 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
are delineated in accordance to manuals and procedures adopted by
the Department of Environmental Protection and United States Army
Corps of Engineers, among others.
Land containing trees with six inch or greater caliper that
the branches of each tree form a continuous canopy.
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater. Woodlands
can be characterized as containing at least 100 trees with at least
50% of those trees having a two-inch dbh or greater.
[Added 3-8-2007 by Ord. No. 340]
An open, generally unoccupied area of a lot which must remain
free of buildings, but which may contain lawn or planted areas, parking
and/or driveways, walks, walls, fences, and similar appurtenances.
