Language Interpretations

The present tense includes the future. The singular number includes the plu-ral, and the pluplu-ral, the singular. The word “person” includes a corporation, a partnership and any other legal entity, as well as an individual. The word

“building” includes the word “structure” and shall be construed as if followed by the words “or part thereof.” The words “shall” or “will” are mandatory, and the word “may” is permissive. References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials are to codes, ordinances, resolutions, plans, maps, governmental bodies, com-missions or agencies or officials of the Township of Lower Merion as in effect or office from time to time, including amendments thereto or revisions or successors thereof, unless the text indicates another reference is intended.

2.2. Definition of Terms

Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this section:

ALL-ELECTRIC VEHICLE (AEV): Vehicles powered by one or more electric motors. They receive electricity by plugging into the grid and store it in batteries. They consume no petroleum-based fuel and produce no tailpipe emissions. AEVs include Battery Electric Vehicles (BEVs) and Fuel Cell Elec-tric Vehicles (FCEVs).

ALLEY: A strip of land over which there is a municipally or privately owned easement, on which no dwellings or commercial buildings front, serving as the secondary means of access to two or more lots.

ALTERNATIVE WASTE WATER SYSTEMS: Constructed Free water surface (FWS) wetlands are defined as wetland systems where the water surface is exposed to the atmosphere for wastewater treatment. Also known as alternate wastewater treatment systems.

BATTERY STORAGE SYSTEMS: Battery storage, or battery energy stor-age systems (BESS), are devices that enable energy from renewables, like solar and wind, to be stored and then released when customers need power most.

BEST MANAGEMENT PRACTICES (BMPs): Activities, facilities, designs, mea-sures or procedures used to manage stormwater impacts from regulated activities; to meet Pennsylvania water quality requirements, to promote groundwater recharge; and to otherwise meet the purposes of this chapter.

Stormwater BMPs are commonly grouped into one of two broad categories or measures: “structural” or “nonstructural.” Nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to min-imize the contact of pollutants with stormwater runoff, whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from reten-tion ponds and constructed wetlands, to underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds,

permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.

BIODIVERSITY: Biodiversity, also called biological diversity, is the variety of life found in a place on Earth or, often, the total variety of life on Earth.

Biodiversity also encompasses the genetic variety within each species and the variety of ecosystems that species create.

BIORETENTION: A stormwater management facility, which includes rain gardens, bioretention swales, planters and absorbent tree islands, engi-neered to treat and infiltrate a specific amount of stormwater. They have exact design criteria to ensure they function according to the design intent.

These facilities have operation, maintenance and inspection requirements since they are part of a stormwater treatment and flow control system. The facilities include designed soil mixes and sometimes control structures like under-drains and outlet structures to aid in the control of overflow, catch basins to filter sediment, and check dams or weirs to slow the flow of water moving through the facility.

BLOCK- A unit of land bounded by streets or combination of streets, railroad right-of-way, waterway, or any other barrier to the continuity of development.

BUILDING LINE: The line which establishes the minimum depth of front yard measured from the right-of-way line, as required by Chapter 155 of the Code.

BUFFER: A designated area between two uses named incompatible with each other or along the perimeter of a natural feature to be protected from an incompatible use or along the perimeter of that use, which will absorb or otherwise preclude such incompatibility and shall be permanently maintained

BUFFER, LANDSCAPE OR BUFFER AREA: A designated area at the perim-eter of a lot, densely landscaped its full width with trees and shrubs, as a visual and ambient screen to protect residential property from impacts of other uses.

CALIPER: The diameter of a tree measured by the American or U.S.A. Stan-dard for Nursery Stock (ANSI) or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended.

CARTWAY: The portion of a street or right-of-way, paved or not paved, which is used or intended for use by vehicular traffic.

CLEAR SIGHT TRIANGLE: A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the minimum required sight distance of motorists entering or leaving the intersection.

CODE OF REGULATIONS: Such governing regulations as are adopted pursuant to Chapter 155, Zoning, and Chapter 135, Subdivision, and Land Development, and the Unit Property Act for the regulation and management of condominium properties, including amendments thereof, and as may be adopted from time to time.

COMMUNITY FACILITIES: Buildings, parks, playgrounds or public works owned or operated by the Township, buildings or playgrounds owned or operated by the Lower Merion School District, and fire stations.

COMPREHENSIVE PLAN: The plan, consisting of maps, charts and textual matter, including recommendations for the continuing development of the Township and adopted by the Board of Commissioners of the Township.

CONDOMINIUM: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions and organized in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

CONSERVATION: The planned management of a natural feature to prevent its exploitation, destruction or neglect.

COUNCIL: A board of a condominium association.

COUNTY: Montgomery County, Pennsylvania.

CUL-DE-SAC: A street with one end open for public vehicular, bicycle, and pedestrian access and the other end terminating in a vehicular turnaround.

DBH: The diameter of a tree at breast height, measured 4.5 feet from the ground surface.

DECLARATION: The instrument by which the owner of property submits it to the provisions of the Unit Property Act.

DEVELOPER: Any person, firm or corporation which performs or undertakes to perform development.

DRAINAGE RIGHT-OF-WAY: The land required for the installation and/or maintenance of storm sewers, drainage ditches or retention basins.

DRIVEWAY: A point of access to one or more lots along a street frontage, intended for use by vehicles.

DWELLING UNIT: Any structure or part thereof designed for and occupied exclusively as a residence for a single family.

ELECTRIC VEHICLE (EV): A vehicle that operates, either partially or exclu-sively, on electrical energy from the electrical grid, or an off-grid source, that is stored on board for motive purposes. Overall term for vehicles that derive all or part of their power from electricity supplied by the electric grid.

They include AEVs, HEVs and PHEVs.

ELECTRIC VEHICLE CHARGING LEVELS – Level 1: a method that provides charging for an EV battery using a 120V single-phase electric service with a 15A or 20A circuit breaker. This method is considered slow speed charging and does not require any special EV charging equipment.

ELECTRIC VEHICLE CHARGING LEVELS - Level 2: a method that provides charging for an EV battery using a 240V/208V single-phase or three-phase electric service with a 40A to 100A circuit breaker. This method is

consid-ered medium speed charging and requires the installation of specialized EV charging equipment at the EVCS.

ELECTRIC VEHICLE CHARGING LEVELS - Level 3: a method also known as direct current fast charging (DCFC) that provides charging for an EV battery using a 480V three-phase electric service. This method is considered high speed and requires the installation of highly specialized, high-powered EV charging equipment as the EVCS and in the EV.

ELECTRIC VEHICLE CHARGING STATIONS: A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an EV.

ELECTRIC VEHICLE PARKING SPACE: Any designated parking space that is provided to allow EV access and use of an EVCS.

ELECTRIC VEHICLE READINESS STANDARDS: Pre-construction installation of dedicated electric circuits and wiring runs EV charging infrastructure to minimize the post construction cost and effort required to install a charger.

EMBODIED CARBON: The greenhouse gas emissions arising from the manufacturing, transportation, installation, maintenance, and disposal of building materials.

ENGINEER: A person licensed by the Commonwealth of Pennsylvania to engage in the practice of engineering and/or land surveying.

GRADE: The slope of a street, parcel of land, utility lines, drainageways, specified in percent (%) and shown on plans.

GREEN STORMWATER INFRASTRUCTURE (GSI): A network of natural and semi-natural systems that manage stormwater runoff by slowing the rate of water flow and filtering out harmful pollutants before they drain into waterways. Practices may include rain gardens, pervious pavement, green roofs, enhanced riperian areas, naturalized infiltration basins, and bioswales.

GREENHOUSE GASES: Gases that trap heat in the atmosphere, including carbon dioxide, methane, nitrous oxide and fluorinated gases.

HISTORIC RESOURCE: See § 155-2.1.

HISTORIC SITE: See § 155-2.1.

HYBRID ELECTRIC VEHICLE (HEV): Low-emission vehicles that use an elec-tric motor to assist gas-powered engines. All energy comes from gasoline.

HYDRIC SOILS: Soils which in their natural, undrained state are wet fre-quently enough at or near the surface to periodically produce anaerobic conditions, thereby influencing plant species composition and/or growth on such soils.

IMPROVEMENT: Elements of the physical environment, including: build-ings, grading, paving, restoration of existing paving damaged by construc-tion, walkways, curbs, gutters, street signs, fire hydrants, water mains, gas

mains, sanitary sewers, on-site sewage disposal facilities, storm drainage facilities, retention basins, bridges, sidewalks, crosswalks, monuments, street shade trees, buffer planting and streetlights.

INTERIOR STOREFRONT DRIVE AISLE: Drive aisle interior to a site on which a portion of a building fronts. Typically applies to shopping center uses.

INVASIVE PLANTS: A plant species which grows aggressively spreads and displaces other plants and has generally been introduced from other continents. Such species lack natural predators, disease, or natural controls, and can dominate large areas and diminish or limit biodiversity. Invasive and “watch-list” species listed on any governmental list of invasive spe-cies, including the Pennsylvania Department of Conservation and Natural Resource’s publication “DCNR Invasive Plant List,” as maintained and updated, as well as any list adopted by the Township, shall be inclusive of this definition.

LAND DEVELOPMENT: Improvements involving: two or more residential buildings, or one or more nonresidential structure, regardless of number of occupants; subdivision of land for the use of two or more existing or pro-spective occupants with streets, building groups, common areas, leaseholds, condominiums, or other features. Excluded from land development are: the conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium; the additions of an residential accessory building, including but not limited to farm buildings, on a lot with an existing principal building.

LAND DEVELOPMENT COMMITTEE: The Committee composed of the heads of departments of the Township or their designee and such other Township employees as appointed by the Township Manager.

LAND SUBDIVISION AGREEMENT: An agreement between the Township and the then owner(s) of a property, executed during the subdivision or land development approval process, which describes conditions of approval. These conditions shall remain in effect regardless of any transfer of ownership.

LIFE CYCLE ASSESSMENT: An evaluation of the environmental effects of a product from cradle to grave.

LOT: A tract or parcel of land as defined by the description set forth in the deed or other instrument vesting title in the owner of record or other instrument dividing or allocating land, air rights or subsurface rights below the surface of the land, or a combination of tracts or parcels merged by use.

LOT DEVELOPMENT: Any construction for which a building permit is required under Chapter 62 of this Code, or any other activity affecting land or modifying land from its natural condition.

LOT WIDTH: The measure of a Lot taken on a straight line between two points on the side Lot lines equidistant from the Street line.

MAINTENANCE GUARANTY: Any security which may be required of a developer by the Township in connection with the final acceptance by the

Township of improvements installed by the developer. Such security may include but is not limited to maintenance bonds, surety agreements or other collateral.

MOBILE HOME: A transportable, single-family dwelling intended for per-manent occupancy, office or place of assembly, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT: A lot in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home, which lot is leased by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK: A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use, consisting of two or more mobile home lots.

NARROW LOT: Any lot abutting a street which has less than the required width at the street line or at any point between the street line and a point 25 feet beyond the proposed building.

NATIVE SPECIES: For the purposes of Lower Merion Township, a native plant species that occurred east of the Mississippi prior to European settlement or per Chapter A177 Planting Materials and Specifications.

NOXIOUS WEEDS: Noxious weeds are identified and classed as a plant that is determined to be injurious to public health, crops, livestock, agricultural land or other property, as determined by PA Department of Agriculture.

OFFICIAL HIGHWAY MAP: The most currently adopted map depicting the routes of vehicular travel within the Township, which is part of the Township of Lower Merion General Comprehensive Plan, adopted by the Board of Commissioners, which depiction of such routes only is hereby incorporated by reference in this chapter and shall be as much a part of this chapter as if fully described herein; provided, however, that said depiction may be amended from time to time in accordance with the terms of Chapter 107.

OFFICIAL MAP: The maps designated in Chapter 107 hereof as the Official Map of the Township of Lower Merion.

ON-STREET LOADING AND UNLOADING ZONE: Designated space along the street frontage of a property for the short-term parking of vehicles for loading and unloading of goods or passengers.

PERFORMANCE GUARANTY: Any security which may be required of a developer by the Township in lieu of a requirement that certain improve-ments be made before the Township approves the developer’s subdivision plan or land development plan. Such security may include but is not limited to performance bonds, escrow agreements, surety agreements or other collateral.

PLANNING AGENCY: The Lower Merion Township Planning Commission and the Building and Planning Department of Lower Merion Township.

Each planning agency shall have those duties assigned to such agency in the Township Code.

PLANTING SOIL: Soils amended for improved drainage and biologic function, as well as to support plants that are adapted to both wet and dry conditions. These soils are used for planting areas not to be used as bioretention areas.

PLUG-IN HYBRID ELECTRIC VEHICLE (PHEV): Vehicles that use batteries to power an electric motor, plug into the electric grid to charge, and use a petroleum-based or alternative fuel to power the internal combustion engine. Some types of PHEVs are also called extended-range electric vehicles (EREVs).

POWERED MICROMOBILITY VEHICLE: A category of powered vehicles that have a curb weight of less than or equal to 500 pounds (227 kg) and a top speed of 30 mph (48 km/h) or less.

RAIN GARDEN: An area of ground which is a shallow depression designed to clean, detain, and infiltrate stormwater runoff primarily with adapted native plants set within bioretention soils, usually have a simple inflow where rainwater enters the garden, and an aboveground overflow where excess water exits. It is a stormwater management BMP which is typically a smaller system than other bioretention facilities. However, operation and maintenance is critical to proper performance. The size, capacity and loca-tion of rain gardens should be based on runoff source (parking lot, roofs, downspout, lawns, etc.) and the ability to capture rainwater.

REAR LOT: A lot which has less than the required width at the street line and at the building line but which meets the minimum lot width at the point of the proposed building closest to the street and extending the full depth of the building plus 25 feet.

RECREATION, ACTIVE: See § 155-2.1 RECREATION, PASSIVE: See § 155-2.1

RENEWABLE ENERGY SOURCE: Any method, process or substance whose supply as rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.

RESILIENT: Both mitigation (carbon pollution reductions) addressing the need to prevent near term irreversible, unmanage able dangerous climate change and adapting to the increasingly, intensified weather and climate events causing well-documented systemic damages to all economic sectors.

This includes safety and acute and chronic events.

RIGHT-OF-WAY: A public or private easement for land, air space above the land, or area below the surface used for vehicular, pedestrian, transit or other right of passage, including a street, alley or crosswalk.

ROOT BARRIER: A product that provides an effective root control bar-rier between plant materials and hardscape structures, such as sidewalks, curbing, pavement, concrete, and building foundations, to prevent structural damage caused by vegetative root penetration or encroachment.

RIPARIAN CORRIDOR: Forested or vegetated lands along both sides of a stream, wetland or water body.

SCREEN: A barrier for the purpose of limiting or obscuring a view, generally comprised of vegetation, structures, or earthworks suitable for the purpose.

SHADE TREE: Any tree on any public street or on Township property having more than 50% of its trunk diameter at breast height within the right-of-way

SHADE TREE: Any tree on any public street or on Township property having more than 50% of its trunk diameter at breast height within the right-of-way