For purposes of this chapter, certain words shall be interpreted as follows:
Words used in the present tense include the future.
The singular number includes the plural, and the plural includes the singular.
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
The word "person" includes an individual, corporation, partnership, incorporated association, and/or any other similar entity.
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.
The word "building" shall always be construed as if followed by the words "or part thereof."
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.
- ACCEPTED ENGINEERING PRACTICE
- That which conforms to accepted principles, tests or standards of nationally recognized technical, scientific, and/or engineering authorities.
- ACCESS STRIP
- 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 this chapter. Access strips shall be a minimum of 50 feet wide and provide access to rear or interior lots. The area of an access strip shall not be included in the minimum lot area or minimum front yard setback required under the provisions of this chapter.
- A minor vehicular right-of-way, public or private, on which no principal structures front, which serves as the secondary means of access to two or more properties which otherwise front on a public street.
- A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns. Also, a person who has filed an application for zoning, building, occupancy or any other type of permit, including his/her heirs, successors, agents, assigns and/or builders or other persons responsible for the plans and construction of buildings or other improvements on any parcel of land. (See "developer" and "landowner.")
- APPLICATION FOR DEVELOPMENT
- 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 or land development plan.
- APPLICATION DATE
- The date of the day when an application for development is filed with the Township. This date is not necessarily the date when the ninety-day plan review period begins. [See § 425-305G(1).]
- BASE FLOOD
- See definition under "floodplain-related terms."
- An area of land bounded by streets or by a combination of streets and railroad rights-of-way, waterways or any other physical barrier to development.
- BOARD OF SUPERVISORS
- The elected governing body of the Township; also referred to as "the Supervisors" or "the Board."
- 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. Buffers may be further defined and regulated by this or other Township ordinances to include screen and softening buffer categories. See Article V of this chapter for design requirements.
- See "applicant."
- Any structure, whether built conventionally or in a manner generally referred to as "mobile," "modular," or "manufactured," having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, animal, process, equipment, goods or materials of any kind or nature. (See "structure.")
- BUILDING ENVELOPE
- 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.
- The portion of a street, alley or driveway intended for vehicular use.
- CODE ENFORCEMENT OFFICER
- An official of the Township appointed in conformance with the Second Class Township Code to enforce the regulations of the Township.
- COMMON FACILITIES
- All 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.
- COMMON OPEN SPACE
- See "open space, common."
- COMPREHENSIVE PLAN
- The Upper Perkiomen Valley Regional Comprehensive Plan, adopted in 2001, and amendments thereto, including maps, charts and/or descriptive matter, intended to express Township policies to guide future development of the Township and including all elements required by the Pennsylvania Municipalities Planning Code.
- The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
- Any street with only one access from a through street.
- A drain, ditch or conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway or paved area.
- CURB ELEVATION or CURB LEVEL
- The elevation of the top of a curb at a given point with a reference to a designated datum.
- 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.
- DETENTION BASIN
- See "stormwater basins."
- 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 manufactured homes; streets and other paving; utilities; filling, grading, excavation, mining, dredging or drilling operations; or the storage of equipment or materials; and the subdivision of land.
- DEVELOPMENT PLAN
- 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. 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 cartway providing vehicular access between a public street and a lot, property or development.
- 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, drainageways and access.
- 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 fields encompassed by this chapter.
- Any act by which natural materials are dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, as well as the conditions resulting therefrom.
- A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a freestanding wall.
- 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.
- FLOODPLAIN-RELATED TERMS
- All floodplain-related terms shall be as defined in Chapter 240, entitled "Floodplain Management."[Amended 8-11-2009 by Ord. No. 2009-06; 2-9-2016 by Ord. No. 2016-02]
- FORESTRY OPERATIONS
- The uprooting or removal of more than four trees of greater
than six inches in diameter per acre from any lot for the purpose
of allowing or encouraging the natural regeneration or preservation
of a tree stand on a lot which has a gross area prior to any subdivision
or land development of more than three acres, and which is undertaken
in compliance with a harvesting plan approved by Montgomery County
Conservation District.[Added 10-16-2007 by Ord. No. 2007-09]
- The length of the lot line abutting a street right-of-way.
- The elevation of finished ground or paving; the slope of a street, parcel of land, utility lines, drainageways, etc., specified in percent and shown on plans as required herein.
- A linear open space associated with a natural corridor, such as a riverfront, stream valley, or a ridgeline, or along a built feature, such as a railroad right-of-way, a canal, and a scenic roadway. A greenway connects unique natural, historic, scenic and recreation areas by means of a natural or landscaped corridor.
- GROUND COVER
- 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.
- HIGHWAY ACCESS POINT
- The point at which vehicular traffic enters or exits a public right-of-way from an abutting land use.
- 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.
- LAND DEVELOPMENT
- Any of the following activities:
- A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
- (1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
- (2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
- B. A subdivision of land.
- C. Except that, the following activities shall not be considered land development:
- (1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
- (2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
- 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 permitted by law and to be used, developed, built upon, leased and/or transferred as a unit, for which a deed description is recorded or is intended to be recorded at the Office of the Recorder of Deeds for Montgomery County.
- LOT AREA
- The horizontal land area of a lot, further defined as follows:
- (1) Gross lot area minus:
- (a) The areas of easements and public and private rights-of-way, excluding the following: water or sanitary sewer lines and their ancillary improvements that are not located within the building envelope and not greater than 20 feet in width.
- (b) Ultimate rights-of-way.
- (c) The land area of access strips for rear, flag or interior lots.
- (2) Net lot area is the minimum lot area required for lot size by the various zoning districts.
- LOT CORNER
- A lot having contiguous frontage on two or more intersecting roads.
- LOT, REAR
- 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.
- 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 that has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes in compliance with the applicable zoning requirements.
- NATURAL FEATURE
- 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.
- OPEN SPACE AND ENVIRONMENTAL RESOURCE PROTECTION PLAN
- The Upper Hanover Township Open Space and Environmental Resource
Protection Plan Update, adopted in 2006, or any successor plan thereto.
It may also be referred to as the "open space plan."[Amended 2-13-2007 by Ord. No. 2007-01]
- OPEN SPACE
- Public or private lands and/or water designated for the use and enjoyment of Township residents and/or the general public, incorporating natural features such as woodland, water bodies or meadows, and including Township parks, trails and other recreational facilities, but not including streets, street rights-of-way, off-street parking areas, and areas set aside for public facilities. Also includes "common open space," as defined herein, and other private lands that are available for the use of Township residents through access easements or other written agreements. Also known as "open land."
- OPEN SPACE, COMMON
- A parcel or parcels of land within a development site designed and intended for the use or enjoyment of the residents of the development, not including streets, street rights-of-way, off-street parking areas, and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such recreational facilities for residents as are shown in the approved development plan.
- PAD SITE
- A commercial establishment in a shopping center, located
in a freestanding building independent of other buildings, and frequently
near the road frontage of the center. Pad sites are generally characterized
by a need for nearby parking, rapid customer turnover, and vehicular
service bays or drive-through services.[Added 1-11-2011 by Ord. No. 2010-06]
- Any area that is predominantly open space, is used principally for active or passive recreation, and is not used for a profit-making purpose.
- PENNSYLVANIA MUNICIPALITIES PLANNING CODE
- 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."
- A graphic representation of a proposal for subdivision and/or land development, including necessary written notes.
- PLANNING COMMISSION
- The Upper Hanover Township Planning Commission.
- PROPERTY LINE
- A recorded boundary of a lot. Any property line that abuts a street or other public way shall be measured from the right-of-way.
- RESERVE STRIP
- 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.
- RETENTION BASIN
- See "stormwater basins."
- REVERSE FRONTAGE LOTTING
- 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."
- SIGHT DISTANCE, SAFE STOPPING
- The distance of unobstructed view along the center line of a street from the driver's eye-height of 3.5 feet to the furthest visible point six inches above the street surface.
- SOIL SURVEY
- The Montgomery County Soil Survey of 1967, prepared by the Soil Conservation Service of the United States Department of Agriculture.
- SPECIMEN TREE
- Any tree of 24 inches in diameters or over, or a specifically
selected tree considered worthy of conservation by the Township because
of species, size, shape, form, historical importance or any other
significant characteristic.[Added 10-16-2007 by Ord. No. 2007-09]
- STORMWATER RUNOFF
- 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.
- STREET or ROAD
- 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, whether public or private.
- STREET LINE
- The dividing line between a lot and a street, identical to the ultimate right-of-way line.
- STREET RIGHTS-OF-WAY
- Rights-of-way for street purposes are defined as follows:
- Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. The term "structure" shall include, but not be limited to, buildings, signs, fences, walls, poles, towers, swimming pools, porches, garages, and similar objects. "Structure" shall be interpreted as including the words "or part thereof." (See "building.")
- 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 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
- (1) "Open space/clustering" is a form of flexible lotting that requires common open space areas.
- (2) "Lot averaging" is a form of flexible lotting that permits preservation of open space on privately owned lots, some of which may be significantly larger than the minimum dimensional standards require.
- D. 425-309 of this chapter and include lot line adjustments and simple conveyances, as defined herein.
- (1) Lot line adjustment. A 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. Reasons for lot line adjustments include:
- (a) Correcting errors regarding locations of existing improvements (e.g., if the driveway for Lot No. 1 is located on Lot No. 2);
- (b) Relating the line to definitive physical characteristics (e.g., to adjust the line to run along an existing hedgerow); and
- (c) Preferences of the landowners involved.
- (2) Simple conveyance. A 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 may not comply with one or more of the dimensional standards of the district in which the lots are located.
- 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.
- TRAFFIC IMPACT ANALYSIS
- A study of existing and anticipated traffic volumes, capacities, and movements, required by § 500-825, Traffic impact study, of Chapter 500, Zoning, and as regulated in Article IV, Design Standards, of this chapter.
- ULTIMATE RIGHT-OF-WAY LINE
- The dividing line between a lot and the outside limit of the ultimate right-of-way of a public street. Identical with "front lot line" and "street line."
- VISUAL SCREEN
- A barrier whose purpose is to obscure a view; generally comprised of plant materials suitable for the purpose.
- WATER BODY
- A natural or man-made area containing and retaining water year round, such as a pond or lake.
- 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 and saturated by surface water or groundwater at a frequency and duration sufficient to support (and that under normal circumstances do support) a prevalence of vegetation typically adapted for life in saturated soil conditions; includes swamps, marshes, bogs and similar areas. Identification of wetlands should be based upon the "Federal Manual for Identifying and Delineating Wetlands," an interagency publication of the Corps of Engineers, Environmental Protection Agency, Fish and Wildlife Service, and Soil Conservation Service, dated January 1989 (or subsequent revisions).
- Areas, groves or stands of mature or largely mature trees (i.e., larger than six inches in DBH) covering an area greater than 1/4 acre, or groves of mature trees (greater than 12 inches in DBH) consisting of more than 10 individual specimens.
- The area(s) of a 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 (see "building envelope"). 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:
- YARD LINE
- A line which locates and delineates the minimum yard setback requirements, measured from the ultimate right-of-way, rear and side lot lines.
- ZONING OFFICER
- The person or agency appointed by the Board of Supervisors to administer and enforce the provisions of the Zoning Ordinance. The term "Zoning Officer" shall also include any duly appointed staff or assistants.