[Amended 3-11-2008 by Ord. No. 1195, § 1]
As used in this chapter, the following terms shall have the meanings indicated:
ACCEPTED ENGINEERING PRACTICE — That which conforms to accepted principles, tests or
of nationally recognized technical or scientific authorities.
AGENT — Any person other than the
who, acting for the
, submits to the Township
for the purpose of obtaining approval thereof. (See “
.”)
ALLEY — A strip of land over which there is a
, municipally or privately owned, on which no
or stores front, serving as the secondary means of access to two or more properties.
APPLICANT — A
or
, as hereinafter defined, who has filed an
, including his heirs, successors and assigns.
1
APPLICATION FOR DEVELOPMENT — Every application, whether preliminary, tentative or final, required to be filed and approved prior to the start of construction or
, including but not limited to an application for a
permit, for the approval of a
or
or for the approval of a
.
2
AVERAGE DAILY TRAFFIC COUNT (ADT) — The vehicular traffic generated on a particular
by the homes on that
plus any through traffic. ADT counts should be considered in a cumulative effect.
BLOCK — An area bounded by
or by a combination of
and public parks, cemeteries, railroad
or boundary lines of the Township of Upper Dublin.
BOARD — The Board of Commissioners of the Township of Upper Dublin.
BOLLARDS — A fixed vertical column of wood or concrete extending no less than three and one- half feet above parking
and five feet below
placed for purposes of controlling vehicular traffic and protecting pedestrians.
BUFFER — A strip of ground which lessens the visual impact of a
on surrounding
and which is employed exclusively for landscaping.
BUILDER — A person, who is not necessarily the owner of the land or
of the same, who, by contract or other agreement, is charged with the responsibility of construction of
or other
or of making any construction
on any parcel of land.
BUILDING — Any
having a roof, supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars, mobile homes or other
on wheels or having other supports and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the building is measured. A "building" may include more than one
.
BUILDING COVERAGE — The maximum horizontal covered area of
at or above
.
BUILDING SETBACK LINE — A line within a
so designed on a
and/or established by Deed of Zoning Ordinance between which line and the
line of the
on which the
abuts a
shall not be erected. The greater distance from the
line shall govern the setback line.
CARTWAY — That portion of a
or
intended for vehicular
.
CLEAR SIGHT TRIANGLE — An area of unobstructed vision at
intersections defined by the
lines of the
and by a line of sight between points on their
lines at a given distance from the intersection of the
lines.
CODE OF REGULATIONS — Such governing regulations as are adopted pursuant to this chapter for the regulation and management of
properties, including such amendments thereof as may be adopted from time to time.
COMMON ELEMENTS — Includes:
A. The land on which the
is located and portions of the
which are not included in a unit.
B. The foundations, structural parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways and entrances and exits of the
.
C. The
, parking areas and
.
D. Portions of the land and
used exclusively for the management, operation or maintenance of the common elements.
E. Installation of all central services and utilities.
F. All apparatus and installations existing for common
.
G. All other elements of the
necessary or convenient to its existence, management, operation, maintenance and safety or normally in common
.
H. Such facilities as are designated in the
as common elements.
COMMON OPEN SPACE — A parcel or parcels of land or an area of water, or a combination of land and water, within a
and designed and intended for the
or enjoyment of residents of a
, not including
, off-street parking areas and areas set aside for public facilities. [Amended 1-10-1995 by Ord. No. 8793 ]
CONDOMINIUM — An estate in real property consisting of an undivided interest in a portion of a parcel, together with a separate interest in a space within a
appurtenant to common areas. This form of ownership may be applied in residential, professional office, limited industrial and commercial land
.
COUNCIL — A homeowner's association or other entity which shall manage the business, operation and affairs of a
property on behalf of the unit owners (size to be stated in
for the property).
CROSSWALK — A
, municipally or privately owned, which crosses a
so as to furnish access for pedestrians to adjacent
or properties.
CUL-DE-SAC — A
with one end open for public vehicular and pedestrian access and the other terminating in a vehicular turnaround.
CUT — An
; the difference between a point on the original ground and a designated point of lower elevation on the final
; also the material removed in
.
DECLARATION — The instrument by which the owner of property submits the property to the provisions of the Uniform Condominium Act, 68 Pa. C.S.A. § 3101 et seq., and all amendments thereto. [Amended 1-10-1995 by Ord. No. 879]
DECLARATION OF REVOCATION — A statement of intent to convert a
to a fee simple or rental property or
, signed by 100% of the unit owners and the holders of all mortgages, judgments or other liens affecting the units.
DECLARATION PLAN — A survey of the property to be submitted to the provisions of the Uniform Condominium Act, 68 Pa. C.S.A. § 3101 et seq., which shall bear the verified statement of a registered architect or licensed professional
certifying that the
fully and accurately: [Amended 1-10-1995 by Ord. No. 879]
A. Shows the property, the location of the
(s) thereon, the
and the layout of the floors of the
(s), including the units and the
; and
B. Sets forth the name by which the property will be known and the unit designation for each unit therein.
DETENTION BASIN — A stormwater management
with a controlled release rate which is essentially dry while not receiving stormwater. [Amended 9-14-2004 by Ord. No. 1139]
DEVELOPER — Any
,
of such
or tenant with the permission of such
who makes or causes to be made a
of land or a
. [Amended 1-10-1995 by Ord. No. 879]
DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to,
or other
, the placement of mobile homes,
and other paving, utilities, filling,
,
, mining, dredging or drilling operations and the
of land. [Added 7-14-1998 by Ord. No. 973]
DEVELOPMENT PLAN — The provisions for
, including a planned residential
, a
of
, all covenants relating to
, location and bulk of
and other
, intensity of
or density of
,
, ways and parking facilities,
and public facilities. The phrase “provisions of the
,” when used in this chapter, shall mean the written and graphic materials referred to in this definition. [Amended 1-10-1995 by Ord. No. 879]
DRAINAGE — The flow of water and the methods of directing such flow, whether natural or artificial.
DRAINAGE FACILITY — Any ditch, pipe, culvert, storm sewer, stream, channel,
, conduit or
designed, intended or constructed for the purpose of diverting surface water from or carrying surface waters off
, public
, parks, recreational areas or any part of any
or
. [Amended 9-14-2004 by Ord. No. 1139]
DRIVEWAY — A private way providing for vehicular and pedestrian access between a public
and a parking area within a
or property.
DWELLING — A
designed and constructed for residential purposes in which people live.
DWELLING UNIT — One or more rooms arranged for the
of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
EASEMENT — A
or other right granted by a property owner for the
of a designated part of his/her property for public, quasi-public or private purposes, including but not limited to utilities, drainageways, natural or scenic area protection and access. [Amended 4-8- 1997 by Ord. No. 934]
ENDORSEMENT — The review stamp of the Montgomery County Planning Commission.
ENGINEER — A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for Upper Dublin Township or for an
.
EROSION — The removal of surface materials by the action of natural elements.
EXCAVATION — Any act by which earth, sand, gravel, rock or any other similar material is dug into,
, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.
FILL —
A. 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 the stripped surface, and shall include the conditions resulting therefrom.
B. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final
.
C. The material used to make a fill.
FLOOD HAZARD BOUNDARY MAP — A map prepared by the Federal Insurance Administra tion of the United States Department of Housing and Urban Development designating the boundaries of the
areas having special flood hazards in Upper Dublin Township.
FLOODPLAIN — The area along a
which is periodically flooded by water therefrom, as defined in the Township Code, Chapter 255, Zoning, Article XXII, Floodplain Conservation District. [Amended 9-14-1999 by Ord. No. 1006; 9-14-2004 by Ord. No. 1139]
FRONTAGE — The length of the front property line of the
,
or tract of land abutting a
.
GRADE — A
of a
or other public way, specified in percent (%) and shown on
as specified herein.
GRADE ELEVATION — The
required at points of
intersections as specified herein.
GRADING — The changing of the
of the existing ground surface of the
by
or filling or a combination of both.
GROSS FLOOR AREA — The total floor area measured to the outside of the exterior walls of a
, exclusive of open courts. [Amended 11-13-1990 by Ord. No. 789]
GROUND COVER — Grass or nondeciduous low-growing plants installed or planted in such a manner so as to form a continuous cover over the ground.
HEIGHT — The “height” of a
shall be measured from the mean level of the ground surrounding the
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.”
IMPERVIOUS SURFACE — Any material placed on or above the earth, or any material change in the natural surface of the earth, which substantially reduces or prevents the natural infiltration of water. Examples include but are not limited to , including eaves, roofs, and roof overhangs; roads; parking areas (whether hard surfaced or not); ; sidewalks; walkways; patios; sports courts; pools; and, the horizontal surface area of aboveground stormwater management , including retention and . Stormwater basins designed and constructed to allow for infiltration shall not be considered as impervious surface. Patios designed and constructed with pervious materials shall not be considered as impervious surface. [Added 9-14-2004 by Ord. No. 1139; amended 4-12-2016 by Ord. No. 16-1316]
IMPERVIOUS SURFACE RATIO — The amount of
on a
compared to the total
area. The impervious surface ratio is determined by dividing the total area of all
on a
by the total area of the
. [Amended 9-14-2004 by Ord. No. 1139]
IMPROVEMENT — Any man-made
, object and/or area constituting a physical addition to or alteration of real property. [Added 3-11-2008 by Ord. No. 1195, § 1]
IMPROVEMENTS — Includes but is not limited to
, paving, curbing, streetlights,
name signs, fire hydrants, water mains, gas mains, sanitary sewers, on-site sewage disposal facilities, storm drains, inlets and appurtenances, culverts, bridges, sidewalks,
, monuments, telephone and electric lines, shade
and all construction appurtenances incidental thereto. [Amended 1-10-1995 by Ord. No. 879]
LAND DEVELOPER — A person who is the legal or beneficial owner, or authorized
of the registered owner, of land subject to
.
LAND DEVELOPMENT — Any of the following activities: [Amended 1-10-1995 by Ord. No. 879]
A. The
of one
or two or more contiguous
, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential
, whether proposed initially or cumulatively, or a single nonresidential
on a
or
, 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
, common areas, leaseholds,
,
groups or other features.
B. A
of land.
C.
in accordance with 53 P.S. § 10503(1.1).
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 condition), 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. [Amended 1-10-1995 by Ord. No. 879]
LOT — A designated parcel, tract or area of land established by a
or otherwise as permitted by law and to be used, developed or built upon as a unit. [Amended 1-10-1995 by Ord. No. 879]
LOT AREA — The area contained within the property lines of the individual parcels of land, excluding any area within any public
, but including the area of any
.
LOT LINE — Any boundary line of a
; a property line.
MAJOR SUBDIVISION — The division of a
, tract or parcel of land or part thereof into two or more
, tracts or parcels of land which will require
for the purpose, whether immediate or future, of transfer of ownership or of
.
MINOR SUBDIVISION — The division of a single
, tract or parcel of land into two or more
, tracts or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of
, provided that the proposed
, tracts or parcels of land thereby created have
on an improved public
or
, and provided further that there is not created by the
any new
or
.
MOBILE HOME — A transportable, single-family
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
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. [Amended 1-10-1995 by Ord. No. 879]
MOBILE HOME LOT — A parcel of land in a
, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home. [Amended 1-10-1995 by Ord. No. 879]
MOBILE HOME PARK — A parcel or contiguous parcels of land which has been so designed and improved that it contains two or more
for the placement thereon of mobile homes. [Amended 1-10-1995 by Ord. No. 879]
MODULAR HOME — A factory-assembled
or
equipped with the necessary service connections made so as to be movable from the factory for assembly and installation upon a permanent foundation as a
.
4
OPEN SPACE — A parcel or parcels of land or an area of water or a combination of land and water within a
, logically interrelated and interconnected and designed and intended for the
and enjoyment of the residents of the
and/or community, not including
, off-street parking areas, required
and areas set aside for public facilities. "
" shall be substantially free of
but may contain such
as are in the
as finally approved and as appropriate for the recreation of the residents served thereby. "Open space" may be set aside in one or a combination of the following ways:
A. DEED-RESTRICTED OPEN SPACE — An area or areas set aside specifically for the
of residents within the
and integrated within the
which will distribute and interconnect the
throughout the
.
B. DEDICATED OPEN SPACE — An area or areas dedicated to the Township for
by all its residents and appropriately located to be accessible to all residents while limiting ingress and egress by those residents from within the proposed
.
PARKING SPACE — A space, surfaced to whatever extent necessary to permit
under all normal seasonal conditions of weather, available for the parking of one motor vehicle.
PEDESTRIAN WALKWAY — All walkways or sidewalks, not including
sidewalks and walks directly accessing a
or group of
and onto which a number of walks or sidewalks converge.
PLAN — A graphic or written representation or document which, in the case of
, shall include a
,
and
. "Plan" shall also have the same meaning as "
." [Amended 1-10-1995 by Ord. No. 879]
PLAN, FINAL — A plan prepared for approval and recording for all
and
, consisting of an
and a
and all other items required under Article BI of this chapter.
PLAN, IMPROVEMENT CONSTRUCTION — A
showing the construction details of
, drains, sewers, bridges, culverts and other
as required by this chapter, showing the details required by Article III of this chapter.
PLAN, LAND DEVELOPMENT — A tentative,
or
, including written and graphic material, showing the provision for
of a tract when
of
would not be applicable.
PLANNING COMMISSION — The Upper Dublin Township Planning Commission.
PLAN, PRELIMINARY — A
prepared for discussion with the
and Township Commissioners showing the proposed
and
layout, the deed restrictions,
and all other items required under Article III of this chapter for the entire parcel of land being subdivided.
PLAN, RECORD — A
prepared for recording showing the ultimate width of
, the
,
and all other items required under Article III of this chapter.
PLANTING AREA — Any area designated for landscaping purposes.
PLAT — The map or
of a
or
, whether preliminary or final. "Plat" shall also have the same meaning as "plan." [Amended 1-10-1995 by Ord. No. 879]
PUBLIC NOTICE — Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. [Amended 1-10-1995 by Ord. No. 879]
PUBLIC UTILITIES — A private or municipal corporation organized and existing for the distribution and sale of water, electricity, gas or the collection and disposal of sanitary waste or sewage in accordance with the laws' of the Commonwealth of Pennsylvania or other appropriate governing body.
REGULATORY FLOOD — The one-hundred-year flood, which is a flood having an average frequency of occurrence on the order of once in 100 years, although the flood may occur in any year.
RESERVE STRIP — A parcel of land separating a
from adjacent properties.
RETENTION BASIN — A stormwater management
with a controlled release rate and which maintains a constant water level while not receiving stormwater. [Amended 9-14-2004 by Ord. No. 1139]
RIGHT-OF-WAY — A strip of land occupied or intended to be occupied by a
,
, sidewalk,
, sanitary or storm sewer, stream,
ditch or for another special
.
RIGHT-OF-WAY, LEGAL — Land open for
as a
,
or sidewalk.
RIGHT-OF-WAY LINE, LEGAL — The line parallel to the center line of any public
,
or other
which defines the limits of such
.
RIGHT-OF-WAY LINE, ULTIMATE — The line parallel to the center line of any public
,
or other
which defines the boundary of the
as defined above.
RIGHT-OF-WAY, ULTIMATE — The expected future
width computed from the center line of an established
. [Amended 1-10-1995 by Ord. No. 879]
RIPARIAN CORRIDOR — A vegetated or natural area directly adjacent to (or surrounding) a water body, including
, ponds, lakes and wetlands, that serves a variety of functions important to the health and welfare of humans and the environment by: preserving water quality by filtering sediment from
before it enters the water body; protecting streambanks from
; providing a storage area for floodwaters; providing food and habitat for fish and wildlife; providing shade to regulate water temperature; and preserving
and aesthetic surroundings. A riparian corridor is determined by boundaries set by a horizontal measurement extending from the top of bank or high water mark of a water body to one foot above the one-hundred-year base flood elevation or a horizontal measurement extending 50 feet from the top of bank or high water mark of the water body, whichever distance is greater. [Added 9-14-2004 by Ord. No. 1139]
RUNOFF — The surface water discharge of a given watershed after precipitation that does not enter the soil but runs off the surface of the land. [Amended 9-14-2004 by Ord. No. 1139]
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM — The surface water
that can be reasonably anticipated upon maximum
of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning. [Amended 1-10-1995 by Ord. No. 879]
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 perennial plant having persistent woody stems, branching from the base.
SIGHT DISTANCE — The distance of unobstructed view along the center line of a
from the driver's sight height to the farthest visible point four inches above the
surface.
SIGHT TRIANGLE — The area of a triangle whose legs are the sides of the
and an accessway which intersects with it, each being no less than 10 feet long from the point of intersection, whose hypotenuse connects two legs.
SITE — A
, tract or parcel of land, or a series of
, tracts or parcels of land, joined together, where
work is continuous and performed at the same time.
SKETCH, TENTATIVE — A sketch draft showing proposed
,
or
related to topography, that is to be used as the basis for informal discussion between the representatives of the
and the
,
or
.
SLOPE — The face of an embankment or
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 or the relationship of the horizontal distance to the vertical distance.
SOIL STABILIZATION — Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering 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, and which is available in the Township or through the Extension Service, Agricultural Agent, the Pennsylvania State University, in Norristown.
STANDARDS — The Engineering and Construction Standards of Upper Dublin Township.
5
STREET — Includes street, avenue, boulevard, road, highway, freeway, parkway, lane,
, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. [Amended 1-10-1995 by Ord. No. 879]
STREET, HALF — A
of less than the required
and
width.
STREET LINE — The dividing line between a
and the
of a street, legally open and officially recorded by the Township.
STREET, PRIMARY — A
carrying heavy traffic volumes of fast-moving traffic.
STREET, RESIDENTIAL — A
used primarily as the principal means of access to adjacent residential properties and which carries a small volume of traffic.
STREET, SECONDARY — A
connecting resident
to
and also used as the principal means of access to properties other than residential.
STRUCTURE — Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. [Amended 1-10-1995 by Ord. No. 879]
SUBDIVIDER — A person who is the registered owner or authorized
of the owner of land to be subdivided. When required, written evidence of authorization satisfactory in form to the Township Solicitor shall be filed with the application and
when signed by an
of the registered owner.
SUBDIVISION — The division or redivision of a
, tract or parcel of land by any means into two or more
, tracts, parcels or other divisions of land, including changes in existing
for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or
or lot
; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new
or
of access or any residential
, shall be exempted. [Amended 1-10-1995 by Ord. No. 879]
SWALE — A low-lying stretch of land which intercepts, collects or carries surface water
. [Amended 9-14-2004 by Ord. No. 1139]
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 having a well-defined stem of at least two inches in caliper measured at a height of six inches above the natural
.
USE — Any activity, occupation, business or operation carried on or intended to be carried on in a
or other
or on a tract of land.
USE AREA — Any area of land that is given to one category of land
and is used to compute the net density of that
.
VEHICULAR USE AREA — Any pervious or impervious area used by any type of vehicle, whether moving or at rest.
VISUAL SCREEN — A barrier of living or nonliving landscape materials put in place for the purpose of obscuring from view those areas so screened.
WATERCOURSE — A channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. [Amended 9-14-2004 by Ord. No. 1139]
YARD — An open, unoccupied space on the same
with a
or
or
, open and unobstructed from the ground to the sky, except for vegetation.
1. Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
2. Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
3. Editor's Note: The definition of "Comprehensive Plan," which immediately followed this definition, was deleted 1-10-1995 by Ord. No. 879
4. Editor's Note: The definition of "Official Street Map," which immediately followed this definition, was deleted 1-10-1995 by Ord. No. 879.
5. Editor’s Note: These Standards are on file in the Public Works Department.