Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meaning herein
indicated. The present tense shall include the future; the singular
number shall include the plural; words used in the masculine gender
shall include the feminine and the neuter; the word "shall" and "will"
are always mandatory; the word "may" is always permissive.
As used in this chapter, the following terms
shall have the meanings indicated:
A strip of land not exceeding 25 feet in width over which
there is a municipally or privately owned right-of-way on which no
dwellings or other building front, serving as the secondary means
of access to two or more properties.[1]
Areas subject to periodic flooding and listed in the Soil
Survey of Montgomery County, Pennsylvania, U.S. Department of Agricultural
Soil Conservation Service, April 1967, as amended, as being "on, or
in, the floodplain" or subject to flooding.
A landowner, or developer, including heirs, successors, assigns,
and grantees, who has filed a complete application for subdivision
and/or land development plans for the purpose of obtaining approval
thereof.
Every application, whether presubmission (sketch), 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 plat or plan or for the
approval of a development plan.
A professional architect licensed as such by the Commonwealth
of Pennsylvania.
An earthen embankment which serves purposes such as retaining/detaining
the flow of surface water runoff, preventing soil erosion, or supporting
plant materials to aid in visual screening.
A general term, including bicycle lanes, bicycle paths and
bicycle routes.
A tract of land bounded by streets. Block length shall be
measured along the center line of a street between center lines of
intersecting streets.
A person, who is not necessarily the owner of the land or
agent of the same, who by contract or other agreement is charged with
the responsibility of construction of buildings/structures, or parts
thereof, or of making any construction improvements on any parcel
of land.
A subordinate building located on the same lot as a principal
building and clearly incidental and subordinate to a principal building.
Any portion of a principal building, devoted or intended to be devoted
for an accessory use, is not an accessory building.
A building in which is conducted the principal use of the
lot on which it is situated.
The portion of a street right-of-way normally paved or stoned
and designed or intended for vehicular use.
An area of unobstructed vision at street intersection defined
by lines of sight between points at a given distance from the intersection
of the street right-of-way lines.
(An ownership arrangement and not a land use.) 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 a condominium unless the undivided
interests in the common elements are vested in the unit owners.
The unit may be any permitted land use.
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and in accordance with the provisions for open space, roads or other development features in this chapter and Chapter 230, Zoning.
Montgomery County Conservation District.
The act of adding, joining or uniting one lot to another
lot in order to create out of the said two lots a larger tract or
parcel of land intended for separate use, building development or
transferred ownership.
A plan for riparian areas designated in Chapter 230, Zoning, as Zone 1, Zone 2, and the land adjacent to the corridor, that may be impacted by construction. A corridor management plan shall include an outline describing how disturbance to the corridor will be minimized and offset with corridor improvements. Any areas that will be disturbed shall be indicated as well as any areas to be preserved and protected. The plan shall indicate the proposed activities including short and long term, the schedule for such activities, and whether the activities are permitted by right, or whether they require a conditional use. The plan shall also show which disturbances will require mitigation.
The Township Council of Horsham Township.
The County of Montgomery, Pennsylvania.
The Planning Commission of the County of Montgomery.
A right-of-way or easement for pedestrian travel which crosses
a cartway or a block connecting two of the bounding streets.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
A pipe, conduit, or similar structure including appurtenant
works which convey surface water.
See "excavation."
The number of dwelling units per unit of area. The measure
is arrived at by dividing the number of dwelling units by the developable
area.
Regulations adopted pursuant to this chapter establishing
minimum or maximum standards and a layout by which a subdivision and
land development is developed.
The magnitude of precipitation from a storm event measured
in probability of occurrence (i.e., one-hundred-year storm) and used
in computing stormwater management control system.
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at 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. Written evidence of authorization,
satisfactory in form to the Township Solicitor, shall be filed with
the application and plan when signed by an agent of the registered
owner.
Any man-made change to improved or unimproved real estate
including, but not limited to building/structures, or parts thereof,
the placement of manufactured homes, streets and other paving, utilities,
filling, grading, excavation, mining, dredging, or drilling operations,
and the subdivision of land.
The provisions for development including a plan of land development,
a plat of subdivision, all covenants relating to use, location and
bulk of building/structures, or parts thereof, intensity of use or
density of development, streets, ways and parking facilities, common
open space and public facilities. The phrase "provisions of development
plan" when used in this chapter shall mean the written and graphic
materials referred to in this definition.
Any ditch, gutter, swale, culvert, basin, storm sewer or
other structure designed, intended or constructed for the purpose
of conveying, diverting or controlling surface water or groundwater.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage and unnatural erosion.
A private vehicular street providing vehicular and pedestrian
access between a street and a private parking area or private garage.
A private vehicular street providing access between a street
and private parking area or garage serving two or more lots.
A building designed and occupied exclusively for residential
purposes, excluding hotel, rooming house, tourist home, institutional
home, residential club, motor court, and the like, but including the
following:
SINGLE-FAMILY DWELLINGA building designed for and occupied exclusively as a dwelling for one family.
TWIN DWELLINGA single-family semidetached dwelling having only one dwelling unit from ground to roof, independent outside access, and only one wall in common with an adjoining dwelling unit.
DUPLEXA two-family detached dwelling having no more than two dwelling units from ground to roof and independent access for each dwelling unit.
MULTIPLE-FAMILY DWELLINGA building not a single-family dwelling nor a two-family dwelling, designed for and occupied exclusively for dwelling purposes by three or more families living independently of one another, in units commonly called apartments, townhouses, or multiplex units.
A building or portion thereof providing permanent and complete
housekeeping facilities for one family for year-round use.
A grant for the use of a parcel of land by the public, a
corporation, or a person, for a specific public, quasi-public or private
purpose.
Any alteration to a delineated floodplain, wetland, right-of-way,
easement, required yard, setback, or adjacent land.
Review stamp of the Montgomery County Planning Commission.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
Area consisting of one or a combination of regulated steep slopes, wetlands, wetland transition areas, lakes, ponds, floodplains, riparian corridors, watercourses, and woodlands. Impact on such areas is limited to that specified by Chapter 230, Zoning.
The removal of soil particles or other surface materials
by the action of water, wind, ice, or other natural agents.
Any act by which earth, sand, gravel, rock, or any other
similar material is dug into, cut, quarried, uncovered, removed, displaced,
relocated, or bulldozed; and shall include the conditions resulting
therefrom.
Any of the following:
Any act by which earth, sand, gravel, rock,
or any other material is placed, pushed, dumped, pulled, transported
or moved to a new location above the natural surface of the ground,
or on top of a stripped surface; and shall include the conditions
resulting therefrom.
The difference in elevation between a point
on the original ground and a designated point of higher elevation
on the final ground elevation.
The material used to fill.
Any approved security which may be in lieu of a requirement
that certain improvements be made before the Township Council approves
a final subdivision or land development plan, including cash and other
similar collateral or surety agreements.
A temporary inundation of normally dry land areas.
Areas adjoining streams, ponds, or lakes subject to the one-hundred-year recurrence-interval flood. The areas considered to be floodplain within Horsham Township shall include those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study (FIS) prepared for Horsham Township by the Federal Emergency Management Agency (FEMA), Federal Insurance Administration (FIA), and those areas designated in § 230-177 of Chapter 230, Zoning (such delineations are also depicted on the Township Floodplain Map). In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year frequency floodplain, the floodplain shall be as determined by calculations prepared by a professional engineer licensed in the State of Pennsylvania and as approved by the Township Engineer. Such calculations shall be based on generally accepted engineering methods.
Areas subject to periodic flooding and listed in the Soil
Survey of Montgomery County, Pennsylvania, U.S. Department of Agriculture,
Soil Conservation Service, April 1967 (or subsequent edition), as
being "subject to flooding." Floodplain soils shall include, but may
not be limited to the following soil types: Bermudian Silt Loam (Bm);
Bouldery Alluvial Land (Bo); Bowmansville Silt Loam (Bp); Coduras
Silt Loam (Ch); Hatboro Silt Loam (Ha); and Rowland Silt Loam (Rt).
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.
That portion of the floodplain required to carry and discharge
the waters of the one-hundred-year flood without increasing the water
surface elevation by more than one foot above existing conditions,
at any point, as demonstrated in the Flood Insurance Study prepared
by FEMA, noted above. Typically, this element of the floodplain consists
of the channel of the watercourse and portions of the adjoining floodplains
that are reasonably required to carry and discharge the one-hundred-year
frequency flood. Unless otherwise specified, the boundary of the floodway
is as indicated on maps and flood insurance studies provided by FEMA.
In an area where no FEMA maps or studies have defined the boundary
of the one-hundred-year frequency floodway the floodplain shall be
as determined by calculations prepared by a professional engineer
licensed in the State of Pennsylvania and as approved by the Township
Engineer. Such calculations shall be based on generally accepted,
applicable engineering methods.
Area between the floodway boundary and the boundary of the
one-hundred-year floodplain.
The sum of areas of the several floors of the building structure including areas used for human occupancy or required for the conduct of the business or use and basements, attics and penthouses as measured from the exterior faces of the walls. It does not include unenclosed porches, attics not over six feet in height in nonresidential uses, attics not used for human occupancy, nor any floor space in an accessory building nor in the main building intended or designed for the parking or motor vehicles in order to meet the parking requirements of Chapter 230, Zoning, nor any such floor space intended and designed for accessory heating and ventilating equipment.
Refer to "lot width."
Focal points at gateways to the Horsham Business Parks at
locations identified in the Horsham Business Parks Master Plan. Public
art and gateway installations bring visual interest to the development,
create a unique identity, and help to establish landmarks and points
of interest within the Horsham Business Parks.
[Added 10-23-2017 by Ord.
No. 2017-6]
The Township Council of Horsham Township, Montgomery County,
Pennsylvania.
The slope of a street or other public way, land area, drainage
facility, or pipe, specified in percent.
A plan showing all existing ground features and proposed
grading, including existing and proposed surface and subsurface drainage
facilities, described by grades, contours, and topography.
Natural underground water supplies.
Sites, areas, structures, trails, traces, and/or routes which
are valued due to there significance as examples and/or locations
of events, customs, skills, and/or arts of the past. In addition,
areas, structures, and/or routes and trails included in the National
Register of Historic Places, the Pennsylvania Inventory of Historic
Places, and the Historic American Building Survey, and any which may
be identified in the Comprehensive Plan. Also, a structure of cultural
or historical significance. Examples of a historical structure include
properties associated with the lives of persons significant to our
past, and/or structures that have the distinctive characteristics
of a type, period, or method of construction. Applicants shall note
on subdivision and land development plans, any structure more than
75 years of age. Any known cultural or historical significance shall
also be noted.
Soils that are categorized as poorly drained that can support
hydrophilic plants, but may not do so in many cases. For the purpose
of this chapter, hydric soils are general wetland indicator soils.
(Refer wetlands.) The following soils classified in the Soil Survey
of Montgomery County, Pennsylvania, U.S. Department of Agriculture,
Soil Conservation Service, April 1967, as amended, are hydric soils:
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Bp — Bowmansville silt loam;
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BrA — Bowmansville silt loam, 0 to 3%
slopes;
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BrB — Bowmansville silt loam, 3% to 8%
slopes;
|
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CrA — Crotan silt loam, 0 to 3% slopes;
|
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CrB2 — Crotan silt loam, 3% to 8% slopes;
|
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CsB — Crotan very stony silt loam, 0%
to 8% slopes;
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DsA — Doylestown silt loam, 0% to 3% slopes;
|
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DsB2 — Doylestown silt loam, 3% to 8%
slopes;
|
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Ha — Hatboro silt loam;
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WaA — Watchung silt loam, 0% to 3% slopes;
|
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WaB — Watchung silt loam, 3% to 8% slopes;
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Wc — Watchung very stony silt loam.
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Impervious surfaces are those surfaces which substantially
reduce or prevent the absorption of water into the ground. Impervious
surfaces include, but are not limited to, buildings, parking areas,
driveways, roads, sidewalks, patios, decks, sport courts, and other
areas of concrete, asphalt, packed stone, or other equivalent. For
purposes of this chapter, the area of water within a swimming pool
shall not be classified as impervious surface.
Any alteration of a lot, tract, or parcel of land or any structure thereon, that requires the issuance of a building permit and is designated to accommodate a new use category or a change from one use category to another use category under Chapter 230, Zoning, or to accommodate a change within a single use category where that change results in the application of a new zoning ordinance requirement or the intensification within an existing zoning ordinance requirement.
Include but are not limited to traffic study, stormwater
management study, floodplain study, wetland studies, erosion and sedimentation
pollution control narrative, geological studies for water supply,
sewage facilities alternatives study, etc. Studies requiring engineering
calculations shall be prepared, signed, and sealed by a professional
engineer, licensed in the State of Pennsylvania.
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 purposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1)
of the Pennsylvania Municipalities Planning Code, as amended.[2]
When formally requested by an applicant for land development and approved by the Horsham Township Council, a "minor land development" application may be permitted. Such land development application may be approved if proposed improvements consist of the expansion of an existing building and/or expansion of an existing pavement area where existing site facilities will not require improvement to meet the minimum standards of this chapter and Chapter 230, Zoning.
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/she
is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A professional landscape architect registered by the Commonwealth
of Pennsylvania.
Generally, an already existing parcel or a designated parcel
of land which is established by a plan of subdivision or land development
and occupied, or is to be occupied, by one principal building or other
structure or use, together with any accessory buildings or structures
or uses customarily incidental to such principal building or other
structure or use, and any such open spaces as area arranged or designed
to be used in connection with such principal building or other structure
or use.
CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two ultimate right-of-way lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the ultimate right-of-way lines intersects at an angle of less than 135°.
DOUBLE FRONTAGE LOTA lot (except for a corner lot) which fronts two interior proposed streets within a subdivision.
LOT OF RECORDA lot which has been recorded in the office of the Recorder of Deeds.
FLAG (LANE) LOTA lot which does not have the required minimum lot width at the ultimate right-of-way line but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the lane) are parallel or nearly parallel. The area of the access strip, up to a point where the minimum required lot width is achieved, shall not be included in calculating the minimum lot area required by Chapter 230, Zoning.
INTERIOR LOTA lot, the side lot lines of which do not abut on a street.
NONCONFORMING LOTA lot, the area or dimension of, which was lawful prior to the adoption or amendment of the relevant zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
REVERSE FRONTAGE LOTA lot (excluding corner lots) which abuts both a proposed street and an existing street of higher classification, with vehicular access solely from the street of lower classification.
THROUGH LOT (DOUBLE FRONTAGE LOT)A lot having frontage on at least two streets which are unconnected along the lot boundaries.
TRIANGULAR LOTA lot having three lot lines, but which does not qualify as a corner lot.
The total horizontal area of the lot, within the lot lines,
provided that no area of land within any street or ultimate right-of-way
of a street shall be deemed a portion of any lot area. The area of
any lot abutting a street shall be measured to the ultimate right-of-way
line only.
Stormwater management structures excluded. The
area located within a detention basin constructed for stormwater management
having a depth greater than 1.5 feet shall be excluded when determining
the minimum lot size required for each zoning district.
Lot area (flag/lane lots). The area located
within the access strip to a flag (or rear) lot up to a point where
the minimum required lot width is achieved shall be excluded when
determining the minimum lot size required by the zoning district in
which located.
All existing and proposed public and private
utility rights-of-way/easements and all land shown on previously approved
subdivision and land development plans as reserved for open space
from the total site area, shall be excluded when determining the minimum
lot size required for each zoning district.
A calculation of land available for development on a lot,
tract, or parcel of land after the protected area, as defined by the
zoning regulations, is subtracted from the lot area.
The distance from the ultimate right-of-way line of the lot
to its opposite rear line measured in the general direction of the
side lines of the lot.
A property boundary line of any lot held in single and separate
ownership.
A minor subdivision of land resulting in revised property
boundaries between two or more existing lots, and not resulting in
the creation of any additional lots.
The width of a lot measured at the required building setback
line. If a lot fronts on a parking court, the lot width is measured
no closer to the curbline than the required front yard.
The minimum required lot width measured at the required building
setback line.
Any security that may be accepted by the Township for the
maintenance of any improvements required by this chapter.
A dwelling unit erected on a foundation and made of one or
more sections built in a factory. The completed unit shall meet all
applicable building codes in effect.
A metal pin of at least 3/4 inch diameter and at least 30
inches in length, meeting Pennsylvania Society of Land Surveyors requirements.
Definitions of terms utilized in § 198-47:
APPURTENANT STRUCTURESAny structural addition.
COMMON AREAAny area or space designed for joint use of tenants occupying mobile home developments.
DENSITYThe number of mobile homes or mobile home stands per gross acre.
DRIVEWAYA minor private way used by vehicles and pedestrians on a mobile home lot or for common access to a small group of lots or common facilities.
ELECTRIC BRANCH SERVICEThe part of the electric distribution system from the service equipment to the development receptacle.
ELECTRIC FEEDERThat part of the electric distribution system between the transformer and the service drop or drops (secondary voltage).
ELECTRIC SERVICE DROPThat part of the electric distribution system from a feeder to the service equipment serving one or more mobile home spaces.
ELECTRIC PARK RECEPTACLESThe waterproof attachment plus device located adjacent to the water and sewer outlet to receive the flexible cable from the mobile home.
ENTRY SIDEThe side of the mobile home where the main entrance doorway is located.
LOT AREAThe total area reserved for exclusive use of the occupants of a mobile home.
MASTER TELEVISION ANTENNA SYSTEMA television antenna system designed to serve more than one living unit.
MOBILE HOMEA transportable, single-family detached dwelling intended for permanent occupancy, which meets the Federal Department of Housing and Urban Development (HUD) standards, National Fire Protection Association (NFPA) standards, and the Building Officials Code Administration (BOCA) standards, and is certified by them; 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 with or without a permanent foundation, and may include any roofed addition such as extra rooms, covered patios, porches, etc.
MOBILE HOME DEVELOPMENT or MOBILE HOME PARKA contiguous parcel of land under single ownership which has been planned and improved in compliance with the requirements of the Mobile Home Development District for the placement of mobile homes, conventionally built single-family detached homes, or combinations thereof, for nontransient use; consisting of two or more mobile home lots.
MOBILE HOME LOTA parcel of land in a mobile home development, improved with the necessary utility connections, patio, and other appurtenances necessary for the erections thereon of a single mobile home, and the exclusive use of its occupants.
MOBILE HOME STANDThat part of an individual lot which has been reserved for the placement of the mobile home.
MOBILE HOME TRAILERAny vehicle designed, intended, arranged, or used as a dwelling whether to stand on wheels or rigid supports. For the purpose of this chapter, any inhabited trailer or mobile home shall be a single-family dwelling and as such shall be subject to all applicable regulations in this or other Township ordinances.
NONENTRY SIDEThat side of the mobile home opposite the entry side.
PLOTA parcel of land consisting of one or more lots or portions thereof, which is described by reference to a recorded plat or by metes and bounds.
PROPERTYA plot with any buildings or other improvements located thereon.
PATIOA plot with any buildings or other improvements located thereon.
PRIVATE STREETA private way which affords principal means of access to abutting individual mobile home lots and auxiliary buildings.
PROPERTY LINEA recorded boundary of a plot.
PUBLIC STREETA public way which affords principal means of access to abutting properties.
RIGHTS-OF-WAYThe area, either public or private, over which the right of passage exists.
TENANT STORAGEAn enclosed space designed to provide auxiliary general storage space for an individual mobile home. It may be provided in current mobile home models.
YARDSThe area on the same lot with a mobile home between the lot line and the front, rear, or side of the mobile home stand. This includes areas that must remain clear of all structures such as enclosed patios, expandable rooms, garage, or other additions.
A stone or concrete monument with a flat top at least four
inches in diameter or square and at least 30 inches to 36 inches in
length. A stone monument must contain an indented cross or one-quarter-inch
drill hole. Concrete monuments shall contain a copper or brass dowel
or plug. It is recommended that the sides or radius of the monument
be at least two inches smaller at the top than at the bottom to minimize
movements caused by frost.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."[3] Where referenced in this chapter, the "Municipal Authority"
shall mean the Horsham Water and Sewer Authority.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and duly appointed as the Engineer of Horsham Township.
Act of Assembly of July 31, 1968, P.L. 805, No. 247, as amended.[4]
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur multiple times in any year).
Generally, any parcel or area of land used for recreation, resource protection, amenity or buffers; is freely accessible to all residents; and is protected by the provisions of this chapter and Chapter 230, Zoning, to insure that it remains in such uses. Open space does not include land occupied by buildings, roads or road right-of-way; nor does it include the yards or lots of single-family or multifamily dwelling units or parking areas as required by the provisions of this chapter. Open space shall be deed restricted from future development and shall be left in a natural state except in the case of recreation uses, which may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.
COMMON OPEN SPACEA parcel or parcels of land and/or an area of water within a development site designed and intended for the use or enjoyment of residents of the development, except for Residential Golf Course Community. Common open space may not include street rights-of-way, off-street parking areas or school grounds, and shall be substantially free of structures including school buildings but may contain improvements appropriate for the recreational use of the residents. Required front, back and side yards shall not be considered common open space. Common open space shall be deed restricted from future development and shall be left in a natural state except in the case of recreation uses.
A continuous way designated for pedestrians and separated
from the through lanes for bicycles or motor vehicles by space or
barrier.
A continuous landscape strip of not less than 50 feet in width in which is maintained the existing vegetation and the required planting as specified by Chapter 230, Zoning.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
FINAL PLANA complete and exact plan prepared by a licensed engineer and/or surveyor, prepared for official recording, showing right-of-way lines, easements, lot dimensions with bearings, lot numbers, and any other relevant information pertaining to the street and lot subdivision or land development. The final plan shall include improvement construction documents prepared by a professional engineer licensed in the State of Pennsylvania. Final plan must show typical cross-section of streets and the horizontal and vertical details (plan-profiles of all streets, drainage facilities, sanitary sewers, water mains, fire hydrants, streetlights, and all underground and above ground utility conduits and poles). An exact copy of the approved final plan on 24 inch by 36 inch white opaque linen or Mylar shall be submitted for necessary signatures and recording with the Montgomery County Recorder of Deeds.
PRELIMINARY PLANA plan prepared by a licensed engineer and/or surveyor showing the existing features of a tract and its surroundings and proposed street and lot layout within and adjacent to the subdivision or land development, as a basis for consideration prior to preparation of a final plan. Preliminary plan shall include improvement construction documents prepared by a professional engineer licensed in the State of Pennsylvania. Preliminary plan must show typical cross section of the streets and the horizontal and vertical details (plan profiles of all streets, drainage facilities, sanitary sewers, water mains, fire hydrants, streetlights, and all underground and above ground utility conduits and poles).
PRESUBMISSION SKETCH PLANAn informal plan indicating salient existing features of a tract and its surroundings and a general layout of the proposed subdivision or land development, to be used as the basis of informal discussions between representatives of the Township and the subdivider or land developer and not to be submitted for approval.
RECORD PLANA plan prepared for recording by a registered professional engineer and/or professional land surveyor, showing the ultimate width of streets, lot lines, easements, and any other relevant information required by this chapter, pertaining to the subdivision. The record plan shall be an exact copy of the approved final plan and shall be printed on 24 inch by 36 inch white opaque linen or Mylar. Such record plan (linen) shall be submitted for necessary signatures and recording with the Montgomery County Recorder of Deeds.
The Horsham Township Planning Commission.
A map or plan of subdivision or land development whether
sketch, preliminary or final.
Any parks, playgrounds, trails, paths or other recreational
areas; any water or sewer collection, conveyance or treatment facilities;
all street, sidewalk, curb or other roadway facilities dedicated or
undedicated; and any drainage or utility easement areas dedicated
or undedicated. Any other public or private improvements required
by ordinance and/or otherwise to be constructed and dedicated to the
Township.
A formal meeting or as otherwise defined by the Pennsylvania
Municipalities Planning Code.[5]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 P.S. § 271
et seq.,[6] or as otherwise defined by the Pennsylvania Municipalities
Planning Code.
Notice published once each week for two successive weeks
in a newspaper of general circulation in Horsham 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, or as otherwise
defined by the Pennsylvania Municipalities Planning Code.
A narrow parcel of ground having inadequate area for building
purposes separating a street or a proposed street from other adjacent
properties.
Any subdivision or transfer of land, laid out on a plan which
has been approved by the Township Council which changes or proposes
to change property lines and/or public rights-of-way not in strict
accordance with the approved plan.
A basin designed to retain stormwater runoff so that a normal
water surface elevation is maintained.
An examination of a subdivision or land development plan
by the Planning Commission and Township Council to determine compliance
with this chapter and the administrative regulations, design standards
and improvements specifications enacted pursuant thereto.
Generally, a strip of land occupied or intended to be occupied
by a street, alley, crosswalk, sanitary or storm sewer, stream, drainage
ditch, or for another special use. The usage of the term "right-of-way"
for land plotting purposes in Horsham Township shall mean that every
right-of-way established and shown on a record (final) plan is to
be separate and distinct from the lots or parcels adjoining such right-of-way,
and not included within the dimensions or areas of such lots or parcels.
These rights-of-way that involve maintenance by Horsham Township shall
be dedicated to public use by the subdivider of the plan on which
such rights-of-way are established.
EXISTING (LEGAL) RIGHT-OF-WAYThe width of a highway in the public domain as shown on the official Legal Right-of-Way Map on file at the Township Administration Building or the legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
ULTIMATE RIGHT-OF-WAYThe right-of-way necessary to provide adequate width for future street improvements, as specified in this chapter. Also, the line parallel to the physical center line of any public street that defines the boundary of the ultimate right-of-way as defined above.
An area surrounding surface water bodies, including creeks,
lakes, watercourses, and wetlands that intercept surface water runoff,
wastewater, subsurface flow, and/or deep groundwater flows from upland
sources and function to remove or buffer the effects of associated
nutrients, sediment, organic matter, pesticides, or other pollutants
prior to entry into surface waters. This area may also provide wildlife
habitat, control water temperature, attenuate flood flow, and provide
opportunities for passive recreation.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land; that part of precipitation which
flows over the land.
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.
Solid material, both mineral and organic, which is in suspension,
has been transported, or has been moved from its site of origin by
water.
The process by which mineral or organic material is accumulated
or deposited by the movement of wind and water, or by gravity. Once
this matter is deposited, or remains suspended in water, it is usually
referred to as "sediment."
Crushed stone backfill graded in accordance with PennDOT
Form 408.
Earth backfill material free of organics and other objectionable
material being a well-graded mixture of rock and soil with no particle
size greater than six inches.
The minimum distance that a building must be held back from
an adjacent lot line, depending on the applicable zoning district,
or the minimum distance from the ultimate right-of-way, depending
on the applicable street, road or highway.
PUBLIC SEWERA public sewer is any municipal sewer system in which sewage is collected and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer. This shall include capped sewers when installed to Township specifications.
PRIVATE SEWERAn "on-lot" disposal system generally providing for disposal of effluent for only one building or group of buildings on a single lot.
COMMUNITY SEWAGE SYSTEMA system, in an area not currently serviced by or proposed for public sewer service, for the treatment of effluent from two or more homes, that is applied to the land either on the surface or below.
Includes safe sight distance, safe stopping sight distance, passing sight distance, and decision sight distance as defined and regulated by Pennsylvania Code Title 67, Chapter 441 and PennDOT Design Manual, Part 2, Publication 13. Sight distance for intersection of streets, alleys, and driveways shall be measured as stated in applicable sections of this chapter.
The site shall be defined as a parcel or parcels of land
intended to have one or more buildings or intended to be subdivided
into one or more lots.
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.
A plan approved by the Montgomery County Conservation District,
of a system of coordinated devices to prevent the dislocation and
transportation, off-site or into environmentally sensitive area or
onto adjoining roadways and properties, of soil during a period of
time when natural vegetation is disturbed. The plan shall provide
all steps, including scheduling, to assure erosion and sediment control
during all phases of construction, including final stabilization.
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for on-site sewage disposal.
Chemical or mechanical treatment designed to increase or
maintain the stability of a mass of soil to prevent erosion or otherwise
to improve its engineering properties.
A report entitled "Soil Survey of Montgomery County, Pennsylvania,"
published April 1967 by the Soil Conservation Service, United States
Department of Agriculture.
Areas where the average slope exceeds 15%.
A plan for controlling water runoff so that it will not cause
erosion or flooding and for minimizing the effects of impervious surface
areas on water runoff. This plan shall control runoff after completion
of the earth-moving activity and all required restoration or vegetation.
The dividing line between the street and the lot. The street
line shall be the same as a legal right-of-way, provided that:
The street right-of-way line shall not be less
than 25 feet from the center line of any road or street; and
Where a future right-of-way width for a road
or street has been officially established and the street right-of-way
line shall be the side line of the future right-of-way so established.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, viaduct, alley, or any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private, which are identified on the legally adopted Township street
or highway plan together with all necessary appurtenances, including
bridges, rights-of-way (and facilities located within such, i.e.,
storm sewers, public utilities and sidewalks) and traffic control
improvements. The term shall not include the interstate highway system.
LOCALA street used primarily as the principal means of access to adjacent properties.
COLLECTORA street connecting local streets to each other or community facilities and to minor arterial streets.
MINOR ARTERIALMinor arterial streets serve to connect local streets and collector streets to other collector streets, community facilities, and arterials.
MAJOR ARTERIALA street connecting district centers, or communities, serving large volumes of through traffic, preferably located outside or bounding the residential neighborhood.
The appearance of a street enhanced by the scale and combination
of elements including, but not limited to, open areas, landscaping,
lighting, benches, and building facades.
[Added 10-23-2017 by Ord.
No. 2017-6]
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, tying, anchoring,
or other protection against the forces of the elements.
Generally, 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.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision.
MINOR SUBDIVISIONThe consolidation of a parcel of land with another separate parcel or portions thereof or the division of land into two lots, sites or other division of land which meets the following criteria:
Does not involve the extension of any municipal
facilities including streets, paving, improvement of existing streets,
new or improved public utilities, or new or improved public facilities.
Does not, in the opinion of the Township Council,
adversely affect the development of the remainder of the parcel by
restricting access or street frontage, or creating awkward or difficult-to-develop
parcels by reason of shape, size, location of physical characteristics
of the site, or unduly restricts the type of potential uses on the
remainder of the tract.
Does not, in the opinion of the Township Council,
adversely affect the adjoining property by reason of nuisance factors
such as noise, smoke, odor, intensity, time of operation, etc., excessive
traffic generation, destruction of natural features or an adverse
affect upon existing drainage patterns.
Does not adversely affect the present or future development of the Township by reason of conflict with proposals of the Comprehensive Plan regarding types of land use, intensity of land use, intensity of population, conflicts with any provisions of the Official Map, conflicts with any provisions with Chapter 230, Zoning, nor any portion of this chapter.
Does not constitute a subdivision or resubdivision
of any lot, tract, site, parcel or other division of land which had
been previously subdivided subsequent to the passage of this chapter
or within five years prior to the submission of the subdivision application,
whichever is less. If such prior subdivision has taken place both
the prior subdivision and the application for additional subdivision
shall be considered a single application for the purpose of classification.
In the instance where a subdivision contains
not more than three lots, but fails to meet no more than two of the
criteria for a minor subdivision, the Township Council may, at its
discretion, classify the subdivision as minor.
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
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.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A defined channel designed to carry surface water runoff.
Surface soils and subsurface soils, which normally are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer commonly
referred to as the "A" Horizon.
Mature trees are those that measure at least six inches dbh
(diameter at breast height at 4.5 feet above ground).
[Amended 7-12-2000 by Ord. No. 4018]
The line parallel to the physical center line of any public
street that defines the boundary of the ultimate right-of-way as defined
by this chapter.
Any lot, tract or parcel of land that has not been graded,
cleared of vegetation, or in any other manner improved.
A part of the property, structure or building designed or
intended for any type of independent use, which has direct exit to
a public street or way, or to an easement or right-of-way leading
to a public street or way, and includes a proportionate undivided
interest in the common elements, which is assigned to the property,
structure or building.
An intermittent or perennial stream of water, river, brook,
creek, swale, a channel or ditch for water, whether natural or man-made.
Any water works, water supply works, water distribution system
or part thereof, designed, intended or constructed to provide or distribute
potable water.
An inventory of the source quality, quantity, yield and use
of groundwater and surface water resources within Horsham Township.
Those areas that are inundated and 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, including
swamps, marshes, bogs, and similar areas. More specifically, an area
meeting the official definition of the U.S. Army Corps of Engineers
Wetlands Delineation Manual, Technical Report Y-87-1; or the Pennsylvania
Department of Environmental Protection Wetlands Identification and
Delineation, Chapter 105, Dam Safety and Waterways Management, Rules
and Regulations; or the U.S. Environmental Protection Agency Wetlands
Identification Delineation Manual, Volume I, Rational, Wetland Parameters,
and Overview of Jurisdictional Approach, Volume II, Field Methodology
or the most recently amended reports, will be considered a wetland
for the purposes of this chapter. In the event the definition of a
wetland accepted by the U.S. Army Corps of Engineers conflicts with
the definition of a wetland accepted by the Pennsylvania Department
of Environmental Protection, or the U.S. Environmental Protection
Agency, the more restrictive definition shall apply.
The process by which wetland limits are determined. A qualified
wetlands specialist must delineate wetlands.
Qualified specialists shall include those persons being certified
professional soil scientists as registered with the Registry of Certified
Professionals in Agronomy Crops and Soils; or as contained on consultant's
list of Pennsylvania Association of Professional Soil Scientists;
or as registered with the National Society of Consulting Soil Scientists;
or as certified by state and/or federal certification programs; or
by a qualified biologist/ecologist.
The woodland shall be measured from the drip line of the
outer trees. Woodlands are also a grove of trees forming one canopy
where 12 or more trees measure at least six inches diameter at breast
height in dbh.
[Amended 9-12-2000 by Ord. No. 4018]
[1]
Editor's Note: The former definition of "Airport Crash and
Noise Overlay District," which immediately preceded this definition,
was repealed 2-13-2013 by Ord. No. 2013-3.
[2]
Editor's Note: See 53 P.S. § 10503(1.1).
[3]
Editor's Note: The Municipality Authorities
Act of 1945 was repealed 6-19-2001 by P.L. 287, No. 22. For current
provisions, see 53 Pa.C.S.A. § 5601 et seq.
[4]
Editor's Note: See 53 P.S. § 10101
et seq.
[5]
Editor's Note: See 53 P.S. § 10101
et seq.
[6]
Editor's Note: This Act was repealed 10-15-1998
by P.L. 729, No. 93. See now 65 Pa.C.S.A. § 701 et seq.
