A.Â
The purpose of this chapter is to regulate and control the divisions and development of land within Perkasie Borough, in order to promote the public health, safety, morals and general welfare of the community.
B.Â
It is the general intent of this chapter to regulate the division and development of land so as to:
(1)Â
Lessen congestion in the streets and highways.
(2)Â
Further the orderly and appropriate use of land.
(3)Â
Secure safety from fire, panic and other dangers.
(4)Â
Facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds and other public facilities.
(5)Â
Assure sites suitable for building purposes and human habitation and to provide for the harmonious development of Perkasie Borough.
(6)Â
Coordinate existing streets with proposed streets, parks or other features of the Borough.
(7)Â
Ensure adequate open space for traffic, recreation, light and air.
(8)Â
Provide proper distribution of the population.
(9)Â
Give effect to the policies and proposals of the Comprehensive Plan for Perkasie Borough.
This chapter may be cited as the "Perkasie Borough Subdivision and Land Development Regulations."
The provisions of this chapter shall be held to be minimum requirements to meet the above stated purposes. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.
A.Â
For the purpose of this chapter, words and terms used herein shall be interpreted as follows: words used in the present tense include the future; and the singular includes the plural.
B.Â
Any word or term not defined herein shall be used with a meaning of standard usage.
C. ALLUVIAL SOILS APPLICANT APPLICATION FOR DEVELOPMENT AUTHORITY BEGINNING OF REVIEW PERIOD (1) (2) BOARD BOROUGH ARBORIST BUILDING BUILDING SETBACK LINE CARTWAY COMMISSION or PLANNING COMMISSION CONDOMINIUM (1) (a) (b) (c) (2) COUNCIL or BOROUGH COUNCIL CUL-DE-SAC DECISION DENSITY DETERMINATION DEVELOPER DEVELOPMENT PLAN DRAINAGE FACILITY DWELLING UNIT EASEMENT FEEDER ROOTS FLOODPLAINS FLOODPLAIN SOILS FOREST IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIO IMPROVED PUBLIC STREET IMPROVEMENTS LAKES and PONDS LAND DEVELOPMENT (1) (a) (b) (2) (3) (a) (b) LANDOWNER LOT LOT AREA LOT, CORNER LOT LINE MANAGER MINOR SUBDIVISION MULTIPLE-DWELLING BUILDING MUNICIPAL ENGINEER NATURAL RETENTION AREAS OPEN SPACE (1) (2) OPEN SPACE RATIO PERSON PONDS PRUNING PUBLIC HEARING PUBLIC MEETING PUBLIC NOTICE REPORT RIGHT-OF-WAY RIGHT-OF-WAY, FUTURE SITE SITE AREA, BASE SITE AREA, NET BUILDABLE STEEP SLOPES STREET (1) (2) (a) [1] [2] [3] (b) [1] [2] [3] [4] [5] STREET LINE STRUCTURE SUBDIVISION SUBDIVISION, PERFORMANCE STANDARD TOPSOIL TREE DRIPLINE TREE PROTECTION ZONE (TPZ) 
USE WETLANDS WOODLANDS YARD YARD, FRONT
As used in this chapter, unless a contrary intention is clear, the following terms shall have the meanings indicated:
Areas which are subject to periodic flooding as defined in Interim Soil Survey Report, Volumes I and II, Soil Conservation Service, 1970.
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
[Amended 5-21-1990 by Ord. No. 644]
Every application, whether 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 approval of a development plan.
[Added 5-21-1990 by Ord. No. 644]
A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164) known as the "Municipality Authorities Act of 1945."[1]
[Added 5-21-1990 by Ord. No. 644]
The review period shall begin on the date of the first regular meeting of the Perkasie Borough Planning Commission following receipt by the Borough Manager of an applicant's complete submission.
The review period shall begin on the 30th day following receipt by the Borough Manager of an applicant's complete submission, in the event that no regular meeting of the Perkasie Borough Planning Commission occurs during the 30 days following receipt by the Borough Manager of the applicant's complete submission.
Any body granted jurisdiction under a land use ordinance or under the Pennsylvania Municipalities Planning Code[2] to render final adjudications.
[Added 5-21-1990 by Ord. No. 644]
A person, selected by the Borough Manager with the approval of Borough Council, whose responsibilities include ensuring that the tree protection standards are followed correctly. The "Borough Arborist" must have a degree in arboriculture, horticulture, forestry, landscape architecture, silviculture or plant physiology and have a knowledge of and experience in the methods of tree protection.
[Added 8-7-1989 by Ord. No. 621]
A structure having a roof which is used or intended to be used for the shelter or enclosure of persons, animals or property. The word "building" shall include any part thereof.
The rear line of the minimum required front yards. The "building setback line" shall be measured from the future right-of-way line.
The hard or paved surface portion of any street or that portion of a street customarily used by vehicles in the regular course of travel over the street.
The Perkasie Borough Planning Commission.
A dwelling unit which has all of the following characteristics:
The unit, the interior and associated exterior areas designated for private use in the development plan, as owned by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the 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 Chapter 186, Zoning, and this chapter.
[Amended 9-18-2000 by Ord. No. 835]
A "condominium" is an ownership arrangement and not a land use, therefore it is allowed in any district and under the same restrictions of the residential land use that comprises it.
The Perkasie Borough Council.
A secondary street with one end open for vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
Final adjudication of any board or other body granted jurisdiction under any land use ordinance or the Pennsylvania Municipalities Planning Code[3] to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the Borough lies.
[Added 5-21-1990 by Ord. No. 644]
A measure of the number of dwelling units per unit area. The unit area for the R-1A and R-1B Residential Districts[4] is the net buildable site area. The unit area for all other districts is the base site area. "Density" shall be expressed in dwelling units per acre.
[Added 5-21-1990 by Ord. No. 644]
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.
[Added 5-21-1990 by Ord. No. 644]
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.
[Added 5-21-1990 by Ord. No. 644]
Any ditch, pipe, culvert, storm sewer or structure designed, intended or constructed for the purpose of diverting surface water from or carrying surface waters off streets, public rights-of-way, parks, recreational areas or any part of any subdivision or land development.
Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
A grant of the use of a parcel of land to the use of the public, a corporation or person for a specific purpose.
The smallest roots of a tree, which are responsible for most of the absorption of nutrients into the tree. Most are located within the top 12 inches of the soil.
[Added 8-7-1989 by Ord. No. 621]
Areas adjoining any stream, watercourse, lake or pond which are subject to flooding as defined and delineated in Ch. 186, Zoning, and the Flood Boundary and Floodway Map therein.
Areas subject to periodic flooding and listed in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, United States Department of Agriculture, Soil Conservation Service, 1999, as being on the floodplain or subject to flooding. The following soil types are "floodplain soils":
[Amended 9-18-2000 by Ord. No. 835]
Areas, groves or stands of mature or largely mature trees (i.e., greater than six inches in caliber) covering an area greater than 1/4 of an acre; or groves of mature trees (greater than eight inches in caliber) consisting of more than 10 individuals.
Those surfaces which are impervious to rain. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete and asphalt shall be considered "impervious surfaces" within this definition. In addition, paved areas and other areas determined by the Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.
A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the gross site area.
Any street for which the Borough, county or commonwealth has maintenance responsibility and which is paved with an approved hardtop surface.
Those physical additions, installations and changes, such as streets, curbs, sidewalks, water mains, sewers, drainage facilities, public utilities and other appropriate items required to render land suitable for the use proposed.
Natural or artificial bodies of water which retain water year round. Artificial "ponds" may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the permanent pool elevation. "Lakes" are bodies of water two or more acres in extent. "Ponds" are any water body less than two acres in extent.
[Added 5-21-1990 by Ord. No. 644]
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 proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
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.
The following shall not be considered a "land development:"
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
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.
[Added 5-21-1990 by Ord. No. 644]
A parcel of land used or set aside and available for use as the site of one or more buildings and buildings accessory thereto or for any other purpose, in one ownership and not divided by a street. A "lot," for the purpose of this chapter, may or may not coincide with a lot of record, includes plot or parcel. A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
[Amended 5-21-1990 by Ord. No. 644]
The total area of a lot lying within the lot lines and shall specifically exclude the area of any easements within the aforesaid lot lines.
A lot which has an interior angle of less than 135º at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a "corner lot" if the tangents to the curve at the points beginning with the lot or at the points of intersection of the side lot lines with the street right-of-way lines intersect at an interior angle of less than 135º.
Any boundary line of a lot.
The Borough Manager, appointed as such by the Borough Council.
The division of a single lot, tract or parcel of land into not more than two lots, tracts or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of building development, provided that the proposed lots, tracts or parcels of land thereby created have frontage on an improved public street or streets and provided further that there is not created by the subdivision any new street or streets, the need for required improvements, easement of access or the need therefor.
A building providing separate living quarters for two or more families.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for Perkasie Borough.
[Added 5-21-1990 by Ord. No. 644]
Areas of 1/4 acre or more of poorly drained soils which lie along stream channels or swales or are adjacent to floodplain soils and which are subject to periodic flooding. These are portions of the following soil types where slope is less than 1/2%: Doylestown silt loam and Urban land — Abbottstown complex, as delineated in the Soil Survey of Bucks and Philadelphia Counties, United States Department of Agriculture, Soil Conservation Service, 1975, or as currently amended.
Land held in common ownership, protected by easement, dedicated to the public or identified in another suitable manner in accordance with this chapter as "open space." To qualify as "open space," such land shall be used only for "open space" uses, i.e., recreation, amenity, buffer or resource protection. "Open space" does not include land occupied by buildings, roads or road rights-of-way, nor does it include the yards or lots of individuals or group dwelling units as required by the provisions of Chapter 186, Zoning, § 186-18 or 186-20.
"Open space" shall be left in its natural state, except in the case of recreation uses. All impervious surfaces within "open space" areas shall be counted as part of the total impervious surface area in arriving at the impervious surface ratio for the development.
A measure of intensity of land use. It is arrived at by dividing the total amount of open space within the site by the gross site area.
Includes a corporation, partnership and association, in addition to the individual.
Natural or artificial bodies of water which retain water year round. Artificial "ponds" may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the maximum condition rather than permanent pool, if there is any difference.
Removal of branches from a tree using proper tools and approved cutting techniques.
[Added 8-7-1989 by Ord. No. 621]
A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment prior to taking action in accordance with the Pennsylvania Municipalities Planning Code (Act 247, as amended by Act 170), 53 P.S. § 10101 et seq.
[Added 9-18-2000 by Ord. No. 835]
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.
[Added 9-18-2000 by Ord. No. 835]
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.
[Added 9-18-2000 by Ord. No. 835]
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon their recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any "report" used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of production.
[Added 5-21-1990 by Ord. No. 644]
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 the Borough shall mean that every "right-of-way" hereafter established and shown on a final record plan is to be separate and distinct from lots or parcels adjoining such "right-of-way" and not included with the dimensions or areas of such lots or parcels.
A parcel or parcels of land which are intended to have one or more buildings or intended to be subdivided into one or more lots.
The area of a tract of land remaining after subtracting land which is not contiguous, land previously subdivided and existing road and utility rights-of-way from the site area. See § 164-40 of this chapter for the specific calculations.
A calculated area upon which the density and impervious surface ratio requirements for the various districts are computed. It can be determined for a particular tract of land by completing the calculations found in § 164-40 of this chapter.
Areas where the average slope exceeds 8%, which are subject because of this slope to higher rates or runoff and therefore erosion.
A public or private way used or intended to be used for passage or travel by automotive vehicles and pedestrians and to provide access to abutting properties.
"Streets" are further defined and classified as follows:
Thoroughfares.
EXPRESSWAYDesigned for large volumes and high-speed traffic with access limited to grade separated intersections.
ARTERIAL STREETDesigned for large volumes and high-speed traffic with access to abutting properties controlled.
COLLECTOR STREETDesigned to carry a moderate volume of fast-moving traffic from primary and secondary streets to arterial streets, with access to abutting properties controlled.
Local streets.
PRIMARY RESIDENTIAL STREETDesigned to carry a moderate volume of traffic, to intercept secondary (residential) streets, to provide routes to collector streets and community facilities and to provide access to the abutting properties.
SECONDARY RESIDENTIAL STREETDesigned to provide access to the abutting properties and a route to primary residential streets.
MARGINAL ACCESS STREETA secondary street which is parallel to and adjacent to an expressway, arterial or collector street and which provides access to abutting properties and protection from through traffic.
ALLEYA minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
DRIVEWAYGenerally a private street for the use of vehicles and pedestrians providing access between a public street and a parking area within a lot or property.
The dividing line between the street and the lot. The "street line" shall be the same as the legal right-of-way line, provided that the street right-of-way shall not be less than required in § 164-20A through D of this chapter and where a future right-of-way width for a street has been officially established, the street right-of-way line shall be the side line of the future right-of-way so established.
A combination of materials assembled, constructed or erected at a fixed location, including a building, the use of which requires location on the ground or attachment to something having location on the ground.
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.
[Amended 5-21-1990 by Ord. No. 644]
Considered as subdivision or land development for the purpose of the procedural sections of this chapter. It is a subdivision or land development for which the developer chooses to use the performance standards set forth in the Chapter 186, Zoning, rather than the traditional zoning.
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 eight inches.
[Added 10-16-1995 by Ord. No. 770]
The line marking the outer edges of the branches of the tree.
[Added 8-7-1989 by Ord. No. 621]
An area that is radial to the trunk of a tree in which no construction activity shall occur. The "tree protection zone" shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the "tree protection zone" shall be the aggregate of the protection zones for the individual trees.
[Added 8-7-1989 by Ord. No. 621]
Any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
Areas of undrained, saturated soils supporting wetland vegetation, where the water table is at or near the surface or where shallow water covers the area due to permanent or seasonal inundation of surface or ground water. For the purposes of this chapter, "wetlands" are identified using a three-parameter approach. The first is the presence of hydrophytic or wetland vegetation. The second parameter considers whether the soil develops under saturated conditions and will exhibit certain morphological characteristics that distinguish it as a hydric soil. Finally, the third parameter considers the hydrology, so that an area must have either permanent surface water or be periodically inundated during the growing season by ground- or surface water.
[Added 9-19-1988 by Ord. No. 604]
Areas comprised of one or more acres of mature or largely mature trees in which the largest trees measure at least six inches dbh (diameter at breast height or 4 1/2 feet above the ground). The "woodlands" shall be measured from the dripline of the outer trees. "Woodlands" are also 10 or more individual trees which measure at least 10 inches dbh and form a contiguous canopy.
[Added 9-19-1988 by Ord. No. 604]
An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required "yard" shall be measured as the shortest distance between the structure and a lot line or street line.
A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are "front yards." In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are "front yards."
[Amended 8-17-1987 by Ord. No. 594]
It shall be unlawful for the owner of any land in the Borough or any other person, firm or corporation to subdivide any lot, tract or parcel of land or lay out, construct, open or dedicate for public use or travel any street, sanitary sewer, storm sewer, drainage facility or other facility in connection therewith or for the common use of occupants of buildings within the subdivision or land development unless and until final plans of such subdivision or development have been prepared by a registered professional engineer or registered land surveyor, submitted to and approved in writing thereon by the Borough Council (except for minor subdivisions) and recorded in the Bucks County Recorder of Deeds' office in Doylestown, Pennsylvania; provided, however, that notwithstanding anything set forth herein, the Borough, with regard to a library which is on land owned by the Borough and which is opened to the public and not conducted as a private gainful business, may enter into a long-term lease of the site wherein such library may be located with another governmental agency or a not-for-profit corporation without the necessity of following the regulations and procedures set forth herein.
A.Â
No lot in a subdivision may be sold and no permit to erect, alter or repair any building upon land in a subdivision or land development may be issued unless and until a plan has received final approval and until the municipal improvements required by the Borough Council in connection therewith have either been constructed or guaranteed as hereinafter provided.
B.Â
No building in a subdivision or land development depending on ingress and egress upon the improvement of any street or streets herein provided for shall be permitted to be occupied before improvements are fully completed from a now-existing paved street to and across the front of the lot on which the building is located and/or to a sufficient depth along the side of the lot to service any driveway, driveways or parking spaces.
C.Â
No building depending upon public water and sewer facilities shall be permitted to be occupied before such facilities are fully provided and operational.
[Added 5-21-1990 by Ord. No. 644[1]]
A.Â
In addition to other remedies provided for herein, the Borough may institute and maintain appropriate actions in law or in equity to restrain, correct or abate violations, to prevent unlawful construction, recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
B.Â
The Borough, its Zoning Officer or other officers, may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any provision of this chapter. This authority to deny any such permits or approvals shall apply to any of the following applicants:
(1)Â
The owner of record at the time of such violation.
(2)Â
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(3)Â
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(4)Â
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
C.Â
No permit shall be issued nor shall any approval be granted to any applicant identified in Subsection B above, unless such applicant complies with the conditions which would have been applicable to the property at the time the applicant acquired an interest in such real property, unless the Borough waives such condition or conditions.
[1]
Editor's Note: This ordinance also repealed former § 164-7, Violations and penalties, as amended.
[Added 5-21-1990 by Ord. No. 644]
A.Â
Any person, partnership or corporation who or which has violated any of the provisions of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, shall pay a judgment of not more than $500 plus all court costs plus reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that the violation continues shall constitute a separate violation.
B.Â
The Court of Common Pleas, upon petition of the defendant, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C.Â
Nothing contained herein shall be construed or interpreted to grant to any person or entity other than the Borough, the right to commence any action for enforcement pursuant to this section.
