90-DAY REVIEW PERIOD: The period of time, established by the MPC for in which the review and communication of the decision of the BOARD OF SUPERVISORS shall be made for any application. The 90-day review period commences with the OFFICIAL FILING DATE.
ACT - The Storm Water Management Act (Act of October 4, 1978, P.L. 864, No. 167; 32 P.S. § 680.1 et seq.), as amended.
ALLEY - Any public thoroughfare in the township shown on the township map and open to travel by the public and designed and intended primarily as a means of access to and from the rear of properties.
APPLICANT - A landowner or DEVELOPER, as defined by this chapter, who has filed an application for development, including his/her heirs, successors and assigns.
BEST MANAGEMENT PRACTICES (BMP) – Methods, measures or practices and facilities to prevent or reduce surface runoff and/or water pollution, including but not limited to, structural and non-structural stormwater management practices and facilities and operation and maintenance procedures. [Added 5/12/2008 by Ord. No. 390]
BOARD - The Board of Supervisors of Marshall Township.
BUILDING PERMIT - A valid permit issued by the Township of Marshall pursuant to the provisions of Chapter 52, Building Construction.
CARTWAY - The portion of a STREET that is available for vehicular traffic.
CHANNEL - A natural or artificial watercourse that conveys, continuously or periodically, flowing water. [Amended 5/12/2008]
COMMISSION - the Planning Commission of Marshall Township.
COMPREHENSIVE PLAN - The overall policy guide for the physical development of the township consisting of maps, charts and textual matter in accordance with the MPC as adopted by Marshall Township by Resolution in August, 2006.
CONFLUENCE - Points where WATERCOURSES join together.
CONSERVATION DISTRICT (ACCD) - The Allegheny County Conservation District.
CONSERVATION AREAS, PRIMARY - Those lands identified within conservation subdivisions that, due to their environmental sensitivity, are required to be set aside as greenway lands. These lands are: wetlands, floodplains and, steep slopes 25% or greater
CONSERVATION AREAS, SECONDARY - Those lands identified within conservation subdivisions of important environmental value that are added to PRIMARY CONSERVATION AREAS to make up the required amount of GREENWAY LAND. These lands consist of woodlands; slopes 15% to 25%; significant wildlife habitats; historic, archaeological or cultural features; groundwater recharge areas; important viewsheds and other significant natural areas as identified by the Township.
CONSERVATION SUBDIVISION DESIGN - Residential subdivision developments in which one-half (1/2) or greater of the area of the total tract of land is designated as greenway area. . Development is either concentrated, or “clustered,” on that portion of the tract most suitable for development or land is preserved within country lots.
CONSTRUCTION – The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure. [Added 5/12/2008 by Ord. No. 390]
CORNER LOT - A platted parcel of land abutting two (2) rights-of-way at their intersection.
COUNTY – The County of Allegheny, Commonwealth of Pennsylvania. [Added 5/12/2008 by Ord. No. 390]
COUNTY PLANNING AGENCY – The Allegheny County Department of Economic Development or its successor. [Added 5/12/2008 by Ord. No. 390]
CUL-DE-SAC - A dead-end STREET with a circular turnabout having a minimum radius to the outside edge of the paving or curb of forty (40) feet and a right-of-way having a minimum radius of fifty (50) feet.
CULVERT - A pipe, conduit or similar structure, including appurtenant works, which carries a
STREAM under or through an embankment or fill.
DAM - Any artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water, or a structure for highway, railroad or other purposes which may impound water.
DESIGN STORM - The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a 5-year storm) and duration (e.g., 24-hours), used in the design and evaluation of stormwater management systems. [Amended 5/12/2008 by Ord. No. 390]
DETENTION - The prevention of, or to prevent, the discharge, directly or indirectly, of a given volume of stormwater runoff into surface waters by temporary storage. [Amended 5/12/2008 by Ord. No. 390]
DETENTION BASIN - An impoundment designed to collect and retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. Detention basins are designed to drain completely shortly after any given rainfall event and are dry until the next rainfall event. [Amended 5/12/2008 by Ord. No. 390]
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 a LAND DEVELOPMENT.
DEVELOPER’S AGREEMENT - Any agreement entered into between the DEVELOPER and Marshall Township, or conditions imposed by the Marshall Township Board of Supervisors.
DEVELOPMENT SITE - A lot, parcel or tract of land on which development is taking place or is proposed.
DISCHARGE - To release of water from a project, site, aquifer, drainage basin or other point of interest (verb); The rate and volume of flow of water such as in a stream, generally expressed in cubic feet per second (volume per unit of time) (noun). [Amended 5/12/2008 by Ord. No. 390]
DISCHARGE CONTROL POINT - A point of hydraulic concern, such as a bridge, culvert or CHANNEL section, for which the RATE OF RUNOFF is computed or measured in the WATERSHED PLAN.
DOUBLE FRONTAGE LOT - A lot abutting two (2) or more STREETS that is not a corner lot.
DRAINAGE - The removal of surfacewater or groundwater from the land by drains, grading or other means, such as retention or DETENTION BASINS, including control of runoff to minimize EROSION and SEDIMENTATION during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AREA - The contributing area to a single DRAINAGE basin, expressed in acres, square miles or other units of area; also called a "catchment area," WATERSHED or "river basin"; the area served by a DRAINAGE system or by a WATERCOURSE receiving storm- and surface-water.
DRAINAGE EASEMENT - A right granted by a landowner to a grantee allowing the use of a private land for stormwater management purposes.
DRIVEWAY –
1. COMMERCIAL DRIVEWAY - That portion of the parking area that consists of a travel lane bounded on either side by an area that is not part of the parking area.
2. RESIDENTIAL DRIVEWAY - A travel lane that serves no more than two (2) residential lots.
DWELLING - A building or portion thereof which is designed for and/or occupied in whole or in part as a residence for one (1) or more dwelling units, not including hotels, boarding or rooming houses, institutional homes or residence clubs. The following are specific structural types of "dwellingS":
1. Single Family Detached Dwelling - A residential building containing one (1) dwelling unit only, which is located on an individual lot with yards on all sides.
2. SINGLE-FAMILY ATTACHED DWELLING - A detached building, on a lot, containing two (2) side-by-side dwelling units. The wall attaching the units is on a side property line.
3. TWO- FAMILY DWELLING (DUPLEX) - A building, on a lot, designed as a residence, containing two (2) dwelling units.
4. TRIPLEX DWELLING - A residential building designed exclusively for occupancy by three (3) families living independently of each other, containing three (3) dwelling units.
5. QUADPLEX DWELLING - A residential building designed exclusively for occupancy by four (4) families living independently of each other, containing four (4) dwelling units.
6. TOWNHOUSE DWELLING - A residential building containing three (3) to five (5) dwelling units connected by a party wall or walls. Each dwelling unit has a separate entrance directly to the outside and is at least two (2) stories but no more than three (3) stories high, with the first floor and all stories directly above it part of the same dwelling unit.
7. APARTMENT DWELLING - A residential building containing three (3) or more dwelling units, having access to the outside by way of a common entrance or entrances and a common interior hallway. Individual dwelling units in the same structure may have party walls on two (2) sides.
8. ATTACHED DWELLING - Two or more dwellings within the same structure
9. DETACHED DWELLING - No more than one (1) dwelling within a structure
10. MULTI-FAMILY DWELLING - A building containing three or more individual dwelling units.
DWELLING UNIT - One (1) or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one (1) household, and which includes cooking space and sanitary facilities reserved for the use of the household.
EASEMENT – A grant by a property owner for the use of land by the public, a corporation, for specific purposes, as the construction of utilities, drainage ways, roadways or preservation of land..
ENCROACHMENT - Any structure or activity which in any manner changes, expands or diminishes the course, current or cross section of any WATERCOURSE, floodway or body of water.
EROSION - The wearing away of land surface by water or wind which occurs naturally from weather or runoff, but is often intensified by human activity. [Amended 5/12/2008 by Ord. No. 390]
EXCAVATION (CUT) - Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and shall include the conditions resulting therefrom.
EXPLOSIVES - A chemical or other substance intended of producing an explosion or that contains oxidizing or combustible units or other ingredients in proportions or quantities that by ignition by fire, by friction, by concussion, by percussion or by detonation may produce an explosion capable of causing injury to persons or damage to property. The term explosive includes, but is not limited to, black powder (all varieties), dry gun cotton, nitroglycerine, dynamite, chlorates, fulminates, all sensitized ammonium nitrate compositions and any other of their compounds or mixtures, smokeless powder, wet gun cotton and wet nitrostarch.
FINAL PLAN - The final map of a SUBDIVISION which is submitted for approval by the Board of Supervisors and which, if approved, will be filed with the COUNTY Recorder of Deeds or the final LAND DEVELOPMENT map officially recognized as the approved PLAN by the Board of Supervisors .
FLOODPLAIN - A normally dry land area adjacent to STREAM CHANNELS that is susceptible to being inundated by overbank STREAM flows. For regulatory purposes, the Flood Plain Management Act (Act of October 4, 1978, P.L. 851, No. 166) and regulations pursuant to the Act define the "FLOODPLAIN" as the area inundated by a one-hundred-year flood and delineated on a map by FEMA (Federal Emergency Management Agency).
FRONTAGE - All the property, measured along the STREETS line, abutting one (1) side of a STREETS between two (2) STREETS or between a STREET and a right-of-way or WATERWAY or the end of a dead-end STREET or the township boundary.
GREENWAY LAND That portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenway land may be accessible to the residents of the development and/or the township,
HAZARD - A danger or potential danger to life, limb or health of the general public or an adverse effect or potential adverse effect to the safety, use or stability of property, WATERWAYS, public ways, structures, utilities and STORM SEWER used by the general public. "HAZARD" shall also include storm pollution.
HYDRAULICS - The branch of science concerned with the mechanics of fluids, especially liquids; as applied in stormwater management, the study of the characteristics of water flow in and conveyance capacity of a WATERCOURSE, considering such factors as depth, velocity and turbulence.
HYDROGRAPH - A graph showing, for a given point on a STREAM or for a given point in any DRAINAGE system, the DISCHARGE, stage, velocity or other property of water in respect to time.
HYDROLOGY - The science dealing with the waters of the earth and their distribution and circulation through the atmosphere. "Engineering hydrology" deals with the application of HYDROLOGY concepts to the design of projects for use and control of water.
IMPERVIOUS SURFACE - A surface (area), which has been compacted or covered with a layer of material so that it is resistant to infiltration by water. It includes semi-pervious surfaces such as compacted clayey soils, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces. Net Increase of Impervious Surface refers to the difference between the existing impervious coverage and the total impervious surface proposed. [Amended 5/12/2008 by Ord. No. 390]
LAND DEVELOPMENT:
(1) Any of the following activities:
(a) The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving:
[1] A group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
[2] The division or allocation of land or space, whether initially or cumulatively, between or among two (2) 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.
(2) The following shall not be considered a "LAND DEVELOPMENT":
(a) The conversion of an existing single-family detached dwelling into not more than three (3) residential units, unless such units are intended to be a condominium;
(b) The addition of an accessory building to a residential or farm use, on a lot or lots subordinate to an existing principal building; or
(c) The addition or conversion of buildings or rides within the confines or an enterprise which would be considered an amusement park. This exclusion shall not apply to a newly acquired parcel to be used for operating an amusement park until the initial plans for the expanded area have been approved by the township.
LAND DISTURBANCE - Any activity involving grading, tilling, digging or filling or stripping of vegetation; or any other activity which causes land to be exposed to the danger of EROSION.
LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, having its principal frontage upon a street or officially approved place and to be used, developed or built upon as a unit. [Added 5/12/2008 by Ord. No. 390]
LOT FRONTAGE - The distance measured between points where side property lines meet street right-of-way lines. In the case of a curve, the arc distance along the curve.
LOT LINE - Any line bounding a lot as herein defined. [Added 5/12/2008 by Ord. No. 390]
LOT WIDTH - The distance measured between points where the front building setback lines meet side property lines. In the case of a curve, the arc distance along the curve.
MAJOR SUBDIVISION - A SUBDIVISION as defined in Chapter 174-202(A) of this Ordinance. .
MINOR SUBDIVISION - A SUBDIVISION as defined in Chapter 174-202(B) of this Ordinance.
MONUMENT - A concrete form or metal rod used to mark a designated survey point.
MUNICIPALITIES PLANNING CODE or MPC - The Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq., as amended.
MUNICIPALITY - The Township of Marshall, Allegheny County, Pennsylvania.
NATURAL STORMWATER RUNOFF REGIME - A WATERSHED where natural surface configurations, RUNOFF CHARACTERISTICS and defined DRAINAGE conveyances have attained the conditions of equilibrium.
NON-RESIDENTIAL USE - Any use other than a residential use.
OBSTRUCTION -Any wall, DAM, wharf, embankment, levee, dike, pile, abutment, projection, EXCAVATION, CHANNEL, rectification, CULVERT, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into, any CHANNEL, WATERCOURSE, ordesignated flood plain district, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water, or is placed where the flow of the water might carry the same downstream to the damage of life and property.
OFFICER or ZONING OFFICER - The Marshall Township Zoning Officer.
OFFICIAL FILING DATE –Upon the determination by the PLANNING DIRECTOR that an application is complete, per standards established Article 174-200 of this ordinance, the date in which the 90 day review period commences. That date shall be either the date of the first regular PLANNING COMMISSION meeting following the determination that the application is complete, or thirty (30) days after that determination, whichever comes first.
OUTFALL - Points or areas at which STORMWATER RUNOFF leaves a site, which may include STREAMS, STORM SEWER, SWALES or other well-defined natural or artificial DRAINAGE features, as well as areas of dispersed overland flows.
OUTLET STRUCTURE - A structure designed to control the VOLUME OF STORMWATER RUNOFF that passes through it during a specified length of time.
PADEP - The Pennsylvania Department of Environmental Protection.
PEAK RATE OF RUNOFF (OR DISCHARGE) - The maximum rate of flow of water at a given point and time resulting from a predetermined storm.
PENNDOT – The Pennsylvania Department of Transportation. [Added 5/12/2008 by Ord. No. 390]
PERFORMANCE STANDARD - A standard which establishes an end result or outcome which is to be achieved but does not prescribe specific means for achieving it. A “specification standard," in contrast, is one which prescribes the exact characteristics to be used, leaving little choice to the APPLICANT. The RELEASE RATE PERCENTAGE is an example of a "PERFORMANCE STANDARD"; the design standards for STORM SEWERS are specification standards.
PLANNING COMMISSION - The Planning Commission of Marshall Township. [Added 5/12/2008 by Ord. No. 390]
PLANNING DIRECTOR – the Planning Director for Marshall Township. [Added 5/12/2008 by Ord. No. 390]
POINT OF INTEREST - A point of hydrological and hydraulic importance used for computing a RELEASE RATE PERCENTAGE. These may include points of STREAM CONFLUENCES, an existing OBSTRUCTION or problem area or other similar points.
PERVIOUS MATERIAL - Material which permits the passage or entrance of water or other liquid and which is not an impervious material.
PRELIMINARY PLAN - The preliminary map, drawing or chart indicating the proposed layout of a SUBDIVISION or LAND DEVELOPMENT which is filed for PLANNING COMMISSION consideration and preliminary approval by the BOARD OF SUPERVISORS . A PLAN as required by and meetings the standards of Article 174-200 of this ORDINANCE.
PUBLIC IMPROVEMENTS - All STREETS, walkways, gutters, curbs, sewers, water lines and other utilities or related facilities to be dedicated to or maintained by the public; and, if dedicated to and maintained by the TOWNSHIP, must comply with the TOWNSHIP ordinances.
RATE OF RUNOFF - Instantaneous measurement of water flow expressed in a unit of volume per unit of time, also referred to as DISCHARGE; usually stated in cubic feet per second (cfs) or gallons per minute (gpm).
RELEASE RATE PERCENTAGE - The percentage of predevelopment PEAK RATE OF RUNOFF from a WATERSHED SUBAREA (as delineated in the WATERSHED plan), which defines the allowable postdevelopment peak DISCHARGE from any DEVELOPMENT SITE.
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The RELEASE RATE PERCENTAGE is determined by computing the following: | |
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Predevelopment rate of runoff contributing to peak at down-stream POINT OF INTEREST |
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Predevelopment PEAK RATE OF RUNOFF |
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RUNOFF CHARACTERISTICS - The surface components of any WATERSHED which affect the rate, amount and direction of STORMWATER RUNOFF. These may include but are not limited to vegetation, soils, slopes and man-made landscape alterations.
SCS - The Soil Conservation Service, United States Department of Agriculture.
SEDIMENT - Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water, gravity or ice and has come to rest on the earth’s surface.
SEDIMENTATION - The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity.
SEDIMENT BASIN - A barrier or DAM built at a suitable location to retain rock, sand, gravel, silt or other material.
SIDEWALK - A paved path provided for pedestrian use located at the side of a STREET within the right-of-way, or dedicated pedestrian easement.
SIGHT TRIANGLE - An area in which nothing is to be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. The area is defined by lines of sight between points at a given distance from the intersection of STREET center lines.
SOIL-COVER COMPLEX METHOD - A method of runoff computation developed by the United States Soil Conservation Service and found in its publication Urban HYDROLOGY for Small WATERSHEDS, Technical Release No. 55, SCS, January 1975 (or most current edition).
SOIL SURVEY - The unpublished and operational SOIL SURVEY for Allegheny County, Pennsylvania, and the accompanying text, SOIL SURVEY Interpretations of Allegheny County, Pennsylvania, as prepared by the United States Department of Agriculture Soil Conservation Service et al. When applicable, "SOIL SURVEY" shall mean "SOIL SURVEY, Allegheny County, Pennsylvania," when this publication is completed.
STEEP SLOPES - An area where the inclination (vertical distance over horizontal distance) of the land’s surface is twenty-five percent (25%) or greater, and encompassing a vertical grade differential of ten (10) feet within the slope.
STEEP SLOPES, MODERATELY - An area where the inclination (vertical distance over horizontal distance) of the land’s surface is fifteen percent (15%) and less than twenty-five (25%) percent , and encompassing a vertical grade differential of ten (10) feet within the slope
STORAGE FACILITY - See DETENTION BASIN."
STORM EVENT - The storm of a specific duration, intensity, and frequency. [Added 5/12/2008 by Ord. No. 390]
STORM SEWER - A sewer that carries intercepted surface runoff, STREET water and other washwaters or DRAINAGE, but excludes domestic sewage and industrial wastes.
STORM SEWER DISCHARGE - Flow from a STORM SEWER that is DISCHARGED into a receiving STREAM.
STORMWATER COLLECTION SYSTEM - Natural or engineered structures which collect and transport stormwater through or from a DRAINAGE AREA to the point of final outlet, including but not limited to any of the following: conduits and appurtenant features, canals, CHANNELS, ditches, STREAMS, CULVERTS, STREETS and pumping stations.
STORMWATER MANAGEMENT PLAN - The plan for managing STORMWATER RUNOFF from a specific DEVELOPMENT SITE.
STORMWATER RUNOFF - Waters resulting from snow melt or precipitation within a DRAINAGE basin, flowing over the surface of the ground, connected in CHANNELS and conduits and carried by receiving STREAMS.
STREAM - A WATERCOURSE which has a contributory WATERSHED area which is at least 100 acres.
STREET - A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Includes avenue, road, boulevard, highway, freeway, parkway, lane, ALLEY, viaduct or other thoroughfare. STREETS are further classified by the functions they perform.
SUBAREA - A portion of the WATERSHED that has similar hydrological characteristics and drains to a common point.
SUBDIVISION - The division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the SUBDIVISION by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new STREET or easement of access or any residential dwelling, shall be exempted.
SWALE -A linear depression in land running downhill or marked change in contour direction in which sheet runoff would collect.
TIME OF CONCENTRATION - The time period necessary for surface runoff to reach the outlet of a subarea from the hydraulically most remote point in the tributary DRAINAGE AREA.
TOWNSHIP - Marshall Township, Allegheny County, Commonwealth of Pennsylvania. [Added 5/12/2008 by Ord. No. 390]
TRAIL – A pedestrian oriented walkway that is may or may not be adjacent to a RIGHT-OF-WAY, and is built to a lesser specification than a SIDEWALK.
TRIP - A single or one direction vehicle movement exiting or entering inside the study site.
VOLUME OF STORMWATER RUNOFF - Quantity of water normally measured in inches, cubic feet or acre feet, measured or determined analytically from runoff coefficients; rainfall/runoff ratios; and areas underneath hydrographs.
WATERCOURSE (WATERWAY) - Any CHANNEL or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED- The entire region or area drained by a river or other body of water, whether natural or artificial. A "designed WATERSHED" is an area delineated by PaDEP and approved by the Environmental Quality Board for which counties are required to develop Watershed STORMWATER MANAGEMENT PLANS.
WATERSHED STORMWATER MANAGEMENT PLAN (or WATERSHED PLAN) - The plan for managing STORMWATER RUNOFF throughout a designated WATERSHED adopted by Allegheny County as required by the Pennsylvania Storm Water Management ACT.
WOODLAND, An area or stand of trees whose total combined canopy covers an area of one-half (1/2) acre or more and at least fifty percent (50%) of which is composed of canopy trees having a diameter at breast height (DBH) of at least three (3) inches; provided, however, that no trees kept or grown for commercial purposes shall be considered a woodland
ZONING OFFICER - Person appointed for the administration of a zoning ordinance.
ZONING ORDINANCE – Chapter 208 of the Marshall Township Code of Ordinances, Zoning. [Amended 5/12/2008 by Ord. No. 390]
