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Township of Upper Pottsgrove, PA
Montgomery County
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Table of Contents
Table of Contents
Words used in the singular include the plural, and words used in the plural include the singular; words used in the masculine gender include the feminine, and words in the feminine gender include the masculine. The word "person" includes natural persons, corporations, associations and partnerships. The word "building" includes the word "structure," and both shall always be construed as if followed by the words "of part thereof." The word "occupied" includes the words "arranged, designed or intended to be used." The word "may" is permissive, and the words "shall" and "will" are always mandatory.
[Amended 11-26-1990 by Ord. No. 217; 2-28-2000 by Ord. No. 305]
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated:
ACCEPTED ENGINEERING PRACTICE
That which conforms to accepted principles, tests or standards of nationally recognized technical or scientific authorities.
ACCESSORY BUILDING
A building subordinate to the principal building on the same lot, and used for purposes customarily incidental to those of the principal building.
AGENT
Any person, other than subdivider or developer, who, acting as legally empowered representative for the subdivider, submits subdivision or land development plans for the purpose of obtaining approval thereof.
ALTERATION
As applied to a building, any change or rearrangement in the structural parts or in the exit facilities; or any enlargement, whether by extension on any side or by increase in height, or the moving from one location or position to another.
ANCHORING
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.
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for approval of subdivision or land development plan, including his heirs, successors and assigns.
APPLICATION FOR SUBDIVISION OR DEVELOPMENT
Every application for subdivision or land development, tentative, preliminary or final, required to be filed and approved prior to start of construction or development, including application for all permits.
BANKFULL FLOW LEVEL
The elevation of the water level from a two-year storm event. This can be visually determined as the top of the stream bank or can be computed for the watercourse.
[Added 5-13-2002 by Ord. No. 338]
BASE FLOOD
The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter and other ordinances have been prepared; for purposes of this chapter, the one-hundred-year flood, as referenced in the current Flood Insurance Study, Upper Pottsgrove Township, prepared by the Federal Emergency Management Agency, Federal Insurance Administration.
BASE FLOOD ELEVATION
The one-hundred-year flood elevation as referenced in the Flood Insurance Study, prepared by the Federal Emergency Management Agency, Federal Insurance Administration. Within the approximated floodplain the one-hundred-year flood elevation shall be established as a point on the boundary of the approximated floodplain nearest to the construction site in question.
BIO-RETENTION AREA
Area consisting of sand and soil mixtures and planted with native plants which filter a variety of pollutants from stormwater runoff from overland flows or from a diversion structure.
[Added 5-13-2002 by Ord. No. 338]
BIO-SWALE AREA
A constructed open-channel drainageway vegetated with wet tolerant grasses or other vegetation suitable for pollutant filtration and also intended to increase stormwater infiltration. A bio-swale can be installed as a planter strip in parking lots to collect and filter the first 1/2 inch of rainfall off the paved surfaces.
[Added 5-13-2002 by Ord. No. 338]
BOLLARDS
A short, thick post used to prevent the movement of cars and trucks onto or into an area.
[Added 5-13-2002 by Ord. No. 338]
BUFFER
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, buffers may be included as part of the required setbacks and yard area. Buffers are divided into two types:
A. 
BUFFER, OPENA buffer normally comprised of grass, ground cover, and/or possibly other landscaping material having a specified depth, but not necessarily having significant vertical components to achieve a certain height or density, the purpose of which is to achieve adequate spacing and attractive landscaping between two or more areas.
B. 
BUFFER SCREENA buffer screen comprised of natural and/or man-made material arranged in a certain specified depth, height, and density to effectively block the view from one side to another during all seasons of the year, and to reduce the transmittal of noise, odors, glare, etc., between the sides.
BUILDER
A person who is charged with the responsibility of construction of buildings or other structures or of making any construction improvements on any parcel of land.
BUILDING
Any combination of materials forming any structure which is erected on the ground and permanently affixed thereto, designed, intended, or arranged for the housing, sheltering, enclosing, or structurally supporting persons, animals, or property of any kind.
BUILDING COVERAGE
The maximum horizontal area covered by buildings at or above grade expressed as a percentage of the lot area.
BUILDING SETBACK LINE
A line within a property defining the minimum required distance between any building or structure (except as may be otherwise permitted by the Zoning Ordinance (Chapter 350), within which no building or structure may be erected above the ground level. Such line shall be measured at right angles from the street right-of-way line and shall be parallel to said right-of-way line. For a rear (interior) lot, the building setback line shall be measured from the nearest and most parallel lot line to the right-of-way line.
CALIPER
Caliper of the trunk is a diameter measurement taken six inches above the ground up to and including four inches 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.
[Added 5-13-2002 by Ord. No. 338]
CANOPY TREE
Large, shade trees with deciduous foliage (leaves lasting only one growing season, bare in winter), generally reaching at least forty feet in height at maturity.
[Added 5-13-2002 by Ord. No. 338]
CARTWAY
The portion of the street right-of-way, paved or unpaved, intended for vehicular use.
COMMON OPEN SPACE
A parcel or parcels of land, or an area of water, or a combination of land and water, within a development site designed and intended for the use or enjoyment of residents of a development, not including roads, off-road parking areas, and areas set aside for public facilities.
COMMON PARKING
Any parking area used by three or more dwelling units and having space for six or more motor vehicles.
COMPREHENSIVE PLAN
The Upper Pottsgrove Township Comprehensive Plan, consisting of maps, charts, written and graphic materials, as well as any revisions thereto.
CONDOMINIUM
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. Real estate is not condominium unless the undivided interests in the common elements are vested in the unit owners. "Dispose" or "disposition" of a unit is a voluntary transfer of any legal or equitable interest in that unit, other than as security for an obligation.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, alteration or relocation of a building or structure, including the placement of mobile homes.
CUL-DE-SAC
A road with access at one end and terminated at the other end by a paved vehicular turnaround.
CULVERT
Any enclosed structure which has the purpose of carrying stormwater and intermittent or constant surface drainage water flow.
CUT
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.
DBH or dbh
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 5-13-2002 by Ord. No. 338]
DECLARANT
A. 
If the condominium has been created "declarant" means:
(1) 
Any person who has executed a declaration, or an amendment to a declaration to add additional real estate, other than persons holding interests in real estate solely as security for an obligation, persons whose interests in the real estate will not be conveyed to unit owners, or, in the case of a leasehold condominium, a lessor who possesses no special declarant rights and who is not an affiliate of a declarant who possesses special declarant rights.
(2) 
Any person who succeeds under 68 Pa.C.S.A. § 3304 of the Uniform Condominium Act of 1980 (68 Pa.C.S.A. § 3101 et seq.), relating to transfer of special declarant rights, to any special declarant rights.
B. 
If the condominium has not yet been created, "declarant" means any person who offers to dispose of or disposes of his interest in a unit not previously disposed of.
C. 
If a declaration is executed by a trustee of a land trust, "declarant" means the beneficiary of the trust.
DENSITY
The number of dwelling units per developable acre.
DEVELOPER
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 land development.
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, roads and other paving, utilities, dredging, filling, grading, excavation, or drilling operations.
DEVELOPMENT BLOCK
An area bounded by roads and natural or man-made features.
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, roads, parking facilities, pedestrianways, 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.
DISTRIBUTION STORAGE CAPACITY
The capacity of system facilities to store water which is ready for distribution to customers.
DRAINAGE FACILITIES
The natural or man-made features of the land that are specifically designed to store or carry surface water runoff.
DRIVEWAY
A private way providing for vehicular and pedestrian access between a public road and a parking area within a lot or property.
DWELLING
A building or structure designed to be occupied as living quarters.
DWELLING UNIT
One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
EASEMENT
A right-of-way or other right granted by a property owner for the use of a designated part of his property for certain public or quasi-public purposes.
ECOLOGICALLY SIGNIFICANT WOODLANDS
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 5-13-2002 by Ord. No. 338]
ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania.
EROSION
The removal of surface materials by the action of natural elements.
EVERGREEN TREE
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 5-13-2002 by Ord. No. 338]
EXCAVATION
Any act by which natural materials are dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, as well as the conditions resulting therefrom.
FILL
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.
FLAG LOT
See "rear lot."
FLOOD
A temporary condition of partial or complete inundation of a normally dry land area.
FLOODPROOFING
Any 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 Publication Number EP1165 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, respectively, the base flood elevation.
FLOODPLAIN
That area defined in the Floodplain District of the Township Zoning Ordinance (Chapter 350); the floodplain definition contained therein is made part of this chapter by reference.
FOREST DENSITY SURVEY
A method to estimate the number and size of trees in a wooded area. All trees in a sample area are counted and their trunk diameters measured. The sample is then used to calculate an estimate of the trees for the entire wooded area.
[Added 5-13-2002 by Ord. No. 338]
FRONTAGE
The length of the lot line abutting a public right-of-way.
GRADE
A slope of a street or parcel of land specified in percent (%) and shown on plans as specified herein. See "slope."
GROSS FLOOR AREA
The total area included within the exterior walls of a building, exclusive of open courts.
GROUND COVER
Natural mulch or nondeciduous or low-growing plants installed or planted in such a manner as to provide a continuous cover over the ground.
HEDGEROW
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 5-13-2002 by Ord. No. 338]
HEIGHT
The height of a building shall be measured from the mean level of the ground surrounding the building to a point midway between the highest and the lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included in calculating the height.
HITCH
A device which is part of the frame or attached to the frame of a mobile home and connects it to a motorized vehicle for the purpose of transporting.
IMPROVEMENT
Grading, paving, curbing, streetlights and signs, fire hydrants, wells, water mains, sanitary sewers, storm drains, sidewalks, parking areas, landscaping or recreation areas.
LAND DEVELOPMENT
A. 
The improvement of one 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.
(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. 
The term "land development" shall not include:
[Added 3-25-2002 by Ord. No. 337]
(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; or
(3) 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
LANDOWNER
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 conditions), 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.
LOT
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.
LOT AREA
The total horizontal area of the lot lying within the lot lines, provided that for the area of any lot abutting a road the area shall be measured to the ultimate right-of-way line. Lot area shall exclude any area within the ultimate right-of-way but include the area within any other easement. Lots shall be measured in square feet in lots up to three acres in size, and for lots over three acres it shall be measured in acres.
MATURE TREE
Any tree of eight 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 5-13-2002 by Ord. No. 338]
MINIMIZE
To reduce to the smallest amount possible. "Minimize" may 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 5-13-2002 by Ord. No. 338]
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 so designed and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOBILE HOME STAND
That part of an individual lot which has been reserved and prepared for the placement of the mobile home.
MODULAR HOME
Any structure designed as a single-family or multifamily dwelling (except mobile home) which wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site in such a manner that all concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction. The construction materials and specifications must conform to those of conventionally built homes.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Act of May 2, 1945, P.L. 382, No. 164, known as the "Municipality Authorities Act of 1945."[1]
NEW CONSTRUCTION
Structures for which the "start of construction," as defined in this section, commenced on or after the effective date of this chapter. This term does not apply to any work on a structure existing before the effective date of this chapter.
OFFERING
Any advertisement, inducement, solicitation or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation or in any broadcast medium to the general public, of a condominium not located in this commonwealth, is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the condominium is located.
ONE-HUNDRED-YEAR FLOOD
A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any year. For the purposes of this chapter, the one-hundred-year flood (base flood) as defined by the Federal Emergency Management Agency, Federal Insurance Administration, in the current "Flood Insurance Study, Upper Pottsgrove Township."
PARKING ROW
A single row of more than one parking space. Parking spaces on two sides of the same aisle (double loaded) count as two rows.
[Added 5-13-2002 by Ord. No. 338]
PARKING SPACE
A space, surfaced to whatever extent necessary to permit use under all normal seasonal conditions of weather, available for the parking of one motor vehicle.
PARKING STALL
See "parking space."
[Added 5-13-2002 by Ord. No. 338]
PENNSYLVANIA NATURAL DIVERSITY INDEX (PNDI)
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 5-13-2002 by Ord. No. 338]
PLAN
A graphic or written representation or document.
PLAN, IMPROVEMENT CONSTRUCTION
A plan showing the construction details of streets, drains, sewers, bridges, culverts, and other improvements as required by this chapter showing the details required by Article III of this chapter.
PLAN, LAND DEVELOPMENT
A tentative, preliminary or final plan including written and graphic material showing the provisions for development of a tract.
PLAN, MINOR SUBDIVISION
The division of a single lot, tract or parcel of land, not a part of a prior subdivision within the past three years, into no more than four lots, tracts or parcels of land for the purpose, whether immediate or future, of lease, transfer of ownership or the act of building structures and installing site improvements for residential use; such lots shall front on a physically improved road that is legally open to the public, not involve any new road or the extension of municipal facilities or the creation of any public improvements and requires a variance(s) from the Zoning Ordinance (Chapter 350) for no more than one of the proposed lots on which new construction will or may occur, and is in general conformance with the Township Comprehensive Plan and other plans.
PLAN, PRELIMINARY
A plan prepared for discussion with the Planning Commission showing the proposed road and lot layout, the deed restrictions, easements, and all other items required under Article III of this chapter, for the entire parcel of land being subdivided.
PLAN, RECORD
A plan prepared for recording, showing all rights-of-way or roads, the lot lines, easements, and all other items required under Article III of this chapter.
PLAN, TENTATIVE SKETCH
A draft showing proposed roads, lots, buildings, and topography, that is to be used as the basis for informal discussion between the representatives of the Township Planning Commission and the owner or agent.
PLANTING AREA
Any area designated for landscaping purposes.
PROFESSIONAL CONSULTANT
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.
[Added 3-6-2006 by Ord. No. 391]
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. 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 not be more than 30 days, and the second publication shall not be less than seven days from the date of the hearing.
REAR LOT
Also known as "interior or flag lot." A lot which conforms in all respects to the dimensional requirements of the district in which it is located, except that road frontage and access are limited to an access strip.
RESERVE STRIP
A parcel of land separating a road from adjacent properties.
RIGHT-OF-WAY
A strip of land over which are provided access rights for various purposes, including vehicular travel, storm drainage, and utility lines. Rights-of-way are further defined as follows:
A. 
LEGAL RIGHT-OF-WAYThe road right-of-way legally in the public domain. Generally, an old, legal right-of-way will be substandard by comparison with current requirements, may overlap the lot as described by deed description, and shall be superseded by the ultimate right-of-way.
B. 
ULTIMATE RIGHT-OF-WAYThe road right-of-way projected as necessary for adequate handling of current or future traffic volume, as defined in the Township's Official Map Summary and upon approval of a plan in compliance with this chapter; the ultimate right-of-way shall become the legal right-of-way.[2]
ROAD
A right-of-way, publicly owned, serving primarily as means of vehicular and pedestrian travel, furnishing access to abutting properties, which may also be used to provide space for sewers, public utilities, shade trees and sidewalks. Classifications of roads are defined in § 310-19 of this chapter.
[Amended 4-19-2010 by Ord. No. 442]
ROAD, ARTERIAL
Those which provide for through traffic between areas. They shall have a minimum right-of-way of 80 feet, appropriately widened at intersections for turning lanes, channelization, etc., and may contain:
[Added 4-19-2010 by Ord. No. 442]
A. 
Four twelve-foot travel lanes.
B. 
Two eight-foot shoulders.
C. 
An appropriate median.
ROAD, COLLECTOR
A road connecting local residential roads to primary arterials and which carries a lesser volume of traffic than a primary arterial. Roads in industrial and commercial subdivisions shall generally be considered collector roads.
ROAD, LOCAL
Those which provide for local traffic. They shall have a minimum right-of-way width of 50 feet. Construction of the road, curbing and sidewalks shall be in accordance with specifications hereinafter included.
[Added 4-19-2010 by Ord. No. 442]
RUNOFF
The surface water discharge or rate of discharge of a given watershed after a rainfall or snow that does not enter the soil but runs off the surface of land.
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM
The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning or the Township Comprehensive Plan.
SAFE YIELD
The maximum reliable yield available during a drought with a recurrence interval (TR) of once every 50 years without ultimate depletion of the source, considering intrusion of water of undesirable quality, interference with existing water sources and protection of intended aquifer or in-stream uses.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
SHRUB
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.
[Amended 5-13-2002 by Ord. No. 338]
SIGHT DISTANCE
The distance of unobstructed view along the center line of a street from four feet above the road surface to the farthest visible point four inches above the road surface.
SIGHT TRIANGLE
The area of a triangle, whose legs are the sides of the cartway and an accessway which intersects with it, each being not less than 10 feet long from the point of intersection and whose hypotenuse connects the two legs.
SKIRTS
Panels specifically designed for the purpose of screening the underside of a mobile home by forming an extension of the vertical exterior walls of the mobile home and covering the entire distance between the bottom of the exterior walls and the ground elevation below.
SLOPE
The face of an embankment of cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
SOIL STABILIZATION
Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its physical properties.
SOIL SURVEY
A report entitled "Soil Survey of Montgomery County, Pennsylvania," published April 1967, by the Soil Conservation Service, United States Department of Agriculture, which is available through the Extension Service, Agriculture Agent, Pennsylvania State University.
START OF CONSTRUCTION
The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction work does not include land preservation, such as clearing, grading and fillings; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile home subdivisions, "start of construction" is the date which the construction of facilities for serving the site on which the mobile home is to be affixed (including at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
STREET LINE
See "ultimate right-of-way line."
STRUCTURE
Any man-made object, constructed or erected, having an ascertainable stationary location on or in land or water, whether or not affixed to the land (ground improvements excepted).
SUBDIVISION
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 the existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for the distribution to heirs or divisees, 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 residential dwellings, shall be exempted.
SUBSTANTIAL IMPROVEMENT
A. 
Any 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.
B. 
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:
(1) 
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.
(2) 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SUBSTANTIALLY COMPLETED
Where in the judgment of the Township Engineer, at least 90% of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SWALE
A low-lying stretch of land which gathers or carries surface water runoff.
TOPSOIL
Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the "A Horizon."
TREE
Any woody plant with a well-defined stem bearing leaves or needles; deciduous or evergreen.
TREE MASS
A grouping of three or more trees, with average eight inches dbh minimum.
[Added 5-13-2002 by Ord. No. 338]
ULTIMATE RIGHT-OF-WAY LINE
The line parallel to the center line of any public or existing private road which defines the boundary of the ultimate right-of-way.
UNDERSTORY TREE
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 5-13-2002 by Ord. No. 338]
USE AREA
Any area of land that is given to one category of land use and is used to compute the net density of that use.
VEHICULAR USE AREA
Any paved ground surface, except a road, used by any type of vehicle whether moving or at rest.
VISUAL SCREEN
See "buffer screen."
WATERCOURSE
A permanent or intermittent stream, river, bank, creek, channel, or canal, or ditch for water, whether natural or man-made.
WOODLAND
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 5-13-2002 by Ord. No. 338]
YARD
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. "Yard" is further defined as follows:
A. 
FRONT YARDA yard which extends across the full width of the lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the ultimate right-of-way line.
B. 
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
C. 
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line.
YARD LINE
A line which locates and delineates the minimum yard setback requirements, measured from the front, rear, and side lot lines.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: The former definition of "riparian corridor," added 5-13-2002 by Ord. No. 338, which immediately followed this definition, was repealed 4-7-2008 by Ord. No. 423. See now Ch. 350, Zoning.