[Amended 7-12-1971 by Ord. No. 71-279]
Words used in the singular include the plural,
and words in the plural include the singular. The word "person" includes
a corporation and a partnership as well as an individual. The word
"building" includes "structure" and shall be construed as if followed
by the words "or part thereof." The word "street" includes "road"
and "lane," and "watercourse" includes "drain," "ditch" and "stream."
Each reference to "subdivision" or "subdivision control" shall hereafter
be read to include "land development and/or subdivision."
Unless otherwise expressly stated, the following
terms shall, for the purpose of these regulations, have the meanings
indicated:
A strip of land over which there is a right-of-way, municipally
or privately owned, on which no dwelling or store fronts, serving
as the secondary means of access to two or more properties.
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter and other
ordinances have been prepared; for the purposes of this chapter, the
one-hundred-year flood as referenced in the current Flood Insurance
Study, Upper Merion Township, prepared by the Federal Insurance Administration,
United States Department of Housing and Urban Development.
The one-hundred-year-flood elevation as referenced in the
Flood Insurance Study prepared by the Federal Insurance Administration,
United States Department of Housing and Urban Development.
Properties bounded on one side by a street and on the other
three sides by streets, railroad rights-of-way, waterways or other
definite boundaries.
[Added 6-15-1987 by Ord. No. 87-517]
The Board of Supervisors of Upper Merion Township, Montgomery
County, Pennsylvania.
[Added 6-15-1987 by Ord. No. 87-517]
A line within a lot, so designated on a land development
and/or subdivision plan, between which line and the right-of-way line
of the street on which the lot abuts a building may not be erected.
Caliper of the trunk is a diameter measurement taken six
feet above ground up and including four-inch caliper size and 12 inches
above the ground for larger trees. Caliper of a tree is a standard
measurement used in the grading of nursery stock.
[Added 8-9-2001 by Ord. No. 2001-714]
Large, shade trees with deciduous foliage, generally reaching
at least 40 feet in height at maturity.
[Added 8-9-2001 by Ord. No. 2001-714]
The portion of a street or alley intended for vehicular use.
An area of unobstructed vision for the driver of a motor
vehicle at any given point on a street defined by the lines of sight
between points at a given distance from the street center lines.
[Added 6-15-1987 by Ord. No. 87-517]
A parcel or parcels of land, an area of water or a combination
of land and water within a developed site, not including streets,
off-street parking areas or areas set aside for public facilities,
designed and intended for the use and enjoyment of such development's
residents or other Township residents. The space shall be substantially
free of structures but may contain such improvements appropriate for
residents' recreation as are in the applicable subdivision or land
development plan as finally approved.
[Added 6-15-1987 by Ord. No. 87-517]
The Comprehensive Plan of Upper Merion Township.
[Added 6-15-1987 by Ord. No. 87-517]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
A right-of-way for pedestrian travel across a block in connecting
two streets.
A residential street with access closed at one end and with
a vehicular turnaround at the closed end.
A structure designed to convey a watercourse under a road.
[Added 6-15-1987 by Ord. No. 87-517]
Diameter at breast-height; a measurement of trunk diameter
in inches, taken at 4Â 1/2 feet above the ground. The measured
section should be unbranched and representative of the typical ages
of the tree species. Dbh measurement is applied to existing trees.
[Added 8-9-2001 by Ord. No. 2001-714]
Any record owner of land or authorized agent of such landowner
who files application to make or cause or makes or causes to be made
a subdivision of land or a land development. Written evidence of authority
to act for the record owner shall be filed with the application or
plan when signed by a person other than the record owner.
[Added 6-15-1987 by Ord. No. 87-517]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures; the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation or drilling operations.
An accessway serving five or fewer dwelling units.
[Added 6-15-1987 by Ord. No. 87-517]
A right granted for the use of private land for certain public
or quasi-public purposes; also the land to which such a right pertains.
A natural woodland area that may have a forest plant community
or support a rare or endangered species. Woodland sites are listed
in A Natural Areas Inventory of Montgomery County Pennsylvania, in
the Pennsylvania Natural Diversity Index (PNDI), along steep slopes
and/or riparian corridors would be considered ecologically significant
woodlands.
[Added 8-9-2001 by Ord. No. 2001-714]
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
[Added 6-15-1987 by Ord. No. 87-517]
The removal of surface materials by the action of natural
elements.
A woody plant capable of reaching a minimum mature height
of 20 feet; with foliage (needles) persistent for more than one full
year, resulting in yearlong (evergreen) foliage screening capacity.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location and shall include the conditions resulting therefrom.
A temporary condition of partial or complete inundation of
normally dry land areas.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Such measures are set forth
in floodproofing regulations published by the Office of the Chief
Engineers, United States Army, Publication No. EP 1165 2 314 (June
1972 and as subsequently amended). "Floodproofing" measures for all
new construction and substantial improvements of structures shall
satisfy the requirements of the completely dry spaces (W1) and essentially
dry spaces (W2) classes referenced in such regulations. In said publication
where reference is made to "below" (or "above") the BFD (base flood
datum), it shall be interpreted as meaning below (or above) the base
flood elevation.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
The changing of the grade of the existing ground surface
of the site by excavation or filling or a combination of both.
Typically, a narrow linear vegetated area with a mix of woody
trees and shrubs formed along fields and pastures. Hedgerows may be
considered as a desirable visual characteristic of a rural landscape,
warranting preservation during the land development process.
[Added 8-9-2001 by Ord. No. 2001-714]
Surfaces which do not absorb rainwater. All buildings, parking
areas, driveways, streets, sidewalks and any areas of concrete, asphalt
or packed stone shall be considered "impervious areas."
[Added 6-15-1987 by Ord. No. 87-517]
Includes buildings; grading; paving; restoration of existing
paving damaged by construction; walkways; curbs; gutters; street signs;
fire hydrants; water mains; sanitary sewers; on-lot wastewater systems;
stormwater basins, sewers and drainage facilities; retention basins;
bridges; sidewalks; crosswalks; monuments; street shade trees; buffers
and landscape screening; street lights; common open space; recreational
areas; and any amenities for the residents of the subdivision and/or
land development shown on the plan.
[Amended 6-15-1987 by Ord. No. 87-517]
A person who is the legal or beneficial owner or authorized
agent of the registered owner of land subject to land development.
[Amended 1-28-1991 by Ord. No.
91-586]
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; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
The term "land development" shall not include
the following:
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 addition or conversion of buildings or rides
within the confines of an enterprise which would be considered an
amusement park. For purposes of this subsection, an "amusement park"
is defined as a tract or area used principally as as location for
permanent amusement structures or rides. This exclusion shall not
apply to newly acquired acreage by an amusement park until initial
plans for the expanded area have been approved by proper authorities.
Any combination of hedges, walls, trees or earth berms arranged
so as to create a visual barrier.
[Added 6-15-1987 by Ord. No. 87-517]
A tract or parcel of land as defined by the description set
forth in the deed or other instrument vesting title in the record
owner or other instrument dividing or allocating land, air rights
or subsurface rights below the surface of the land and intended for
transfer or development.
[Amended 6-15-1987 by Ord. No. 87-517]
The lot line extending along the street right-of-way.
[Added 6-15-1987 by Ord. No. 87-517]
Any tree of eight inches or more in dbh, whether standing
alone, in masses, or woodlands. A mature tree shall be a healthy specimen
and a desirable species as determined by the Township Arborist.
[Added 8-9-2001 by Ord. No. 2001-714]
To reduce to the smallest amount possible. Minimize does
not mean to eliminate, but rather that the most substantial efforts
possible under the circumstances have been taken to reduce the adverse
effect of the action (such as grading, clearing, construction, etc.).
[Added 8-9-2001 by Ord. No. 2001-714]
A stone or concrete marker with a flat top of at least four
square inches and containing a copper or brass dowel scored with an
"X" to mark the reference point.
[Added 6-15-1987 by Ord. No. 87-517]
The Act of July 31, 1968, P.L. 805, No. 247, as amended,
53 P.S. § 10101 et seq.
[Added 6-15-1987 by Ord. No. 87-517]
A tree native to Montgomery County which has a caliper of
12 inches or greater measured six inches above the ground.
[Added 6-15-1987 by Ord. No. 87-517]
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in any one year; for the purposes of
this chapter, the one-hundred-year flood (base flood) as defined by
the Federal Insurance Administration, United States Department of
Housing and Urban Development, in the Flood Insurance Study, Upper
Merion Township.
A complete and exact subdivision and/or land development
plan prepared by an engineer, surveyor or architect showing all final
constructed improvements, grading, lot lines, easements, rights-of-way,
utilities and floodplains.
[Added 7-14-2005 by Ord. No. 2005-747]
A complete and exact subdivision and/or land development
plan prepared by an engineer, surveyor or architect showing all information
required of a preliminary plan, as well as all details for the implementation
and construction of all subject improvements.
[Added 6-15-1987 by Ord. No. 87-517]
[Repealed 6-15-1987 by Ord. No.
87-517]
The Upper Merion Township Planning Commission.
A tentative formal subdivision and/or land development plan
prepared by an engineer, surveyor or architect showing lot lines and
areas, zoning classifications, deed restrictions, easements, right-of-way
lines and other information in the developer's subdivision and/or
land development application.
[Added 6-15-1987 by Ord. No. 87-517]
A final subdivision and/or land development plan prepared
to meet all Township requirements for signatures of all relevant Township
officials, including notations of all conditions imposed by the Board
of Supervisors on the subdivision and/or land development, suitable
for recording in Township files and in the office of the Recorder
of Deeds of Montgomery County, Pennsylvania.
[Amended 6-15-1987 by Ord. No. 87-517]
Land opened for use as a street, alley or crosswalk.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
The surface water runoff that can be reasonably anticipated
upon maximum development of that area of the watershed located upstream
from the subject tract, as permitted by prevailing zoning or the Township
Comprehensive Plan.
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."
The Township of Upper Merion Shade Tree and Beautification
Commission or any successor thereto.
[Added 6-6-1988 by Ord. No. 88-533]
A woody plant, usually with multiple stems, each of which
has a dbh of less than three inches. Shrubs are generally less than
20 feet tall at maturity.
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land joined together, where grading work is continuous
and performed at the same time.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. "Slopes" are
usually expressed in a percentage based upon vertical difference in
feet per 100 feet of horizontal distance.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its engineering properties.
A brief description of the proposed subdivision or land development
to be provided by the developer.
[Added 6-15-1987 by Ord. No. 87-517]
A general term used to describe a right-of-way, publicly
or privately owned, serving as a means of vehicular and pedestrian
travel and furnishing access to abutting properties and space for
public utilities.
[Amended 6-15-1987 by Ord. No. 87-517]
STREET, ARTERIALA street to connect local and collector streets with primary arterial streets.
STREET, COLLECTORA street located in a medium density area which provides access and circulation as well as a connection to the arterial street system.
STREET, EXPRESSWAYA limited-access street which services regional travel demands. Access is provided at a limited number of grade-separated interchanges and is prohibited to adjacent properties.
STREET, FEEDERA street to connect residential streets with collector and arterial streets.
STREET, LOCALA street which primarily services adjacent areas of low to medium density and does not attract through or other traffic.
STREET, PRIMARY ARTERIALA street with controlled or semi-controlled access which serves regional as well as local travel demands.
STREET, PRIMARY COLLECTORA street located in a densely developed area which provides local circulation and service from local streets as well as access to the arterial street system.
STREET, PRIVATEA right-of-way for internal circulation to service a development and which is not to be dedicated to the Township; any accessway which serves six or more dwelling units shall be considered a "private street."
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, tying, anchoring or
other protection against the forces of the elements, excepting therefrom
flagpoles flying the flag of the United States only and light standards
used for illumination of parking areas in commercial, industrial and
multifamily zoning districts.
[Added 6-15-1987 by Ord. No. 87-517]
A person who is the record owner or authorized agent of the
record owner of land to be subdivided; a developer.
[Amended 6-15-1987 by Ord. No. 87-517]
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, transfer of ownership or building
or lot development; provided, however, that the division of land for
agricultural purposes into parcels of more than 10 acres, not involving
any new street or easement of access, shall be exempted.
A subdivision or land development where the buildings on
the site, attached or detached, are grouped closely together and set
off from similar groups by intervening common open space.
[Added 6-15-1987 by Ord. No. 87-517]
A subdivision or land development where the buildings are
constructed on lots laid out side-by-side with rear property lines
adjoining and access on to a curvilinear or rectangular street.
[Added 6-15-1987 by Ord. No. 87-517]
A division or redivision of a lot, tract or parcel of land
into two or more lots, tracts or parcels for the purpose of granting
separate and distinct mortgages on each of the lots formed by the
division.
[Added 4-17-1989 by Ord. No. 89-556]
A licensed surveyor registered by the Commonwealth of Pennsylvania.
[Added 6-15-1987 by Ord. No. 87-517]
A depressed stretch of terrain which gathers and/or carries
surface water runoff, having side slopes of three horizontal to one
vertical or flatter.
A rough draft showing proposed streets and lots, preferably
prepared by a registered engineer, surveyor or qualified site planner,
to be used as the basis of informal discussion between the representatives
of the Planning Commission and the subdivider and/or land developer.
Surface soils and subsurface soils which presumably are fertile
soils and soil materials ordinarily rich in organic matter or humus
debris. "Topsoil" is usually found in the uppermost soil layer called
the "A-horizon."
Upper Merion Township, Montgomery County, Pennsylvania.
[Added 6-15-1987 by Ord. No. 87-517]
The Township of Upper Merion Arborist.
[Added 6-6-1988 by Ord. No. 88-533]
The Planner of Upper Merion Township, Montgomery County,
Pennsylvania.
[Added 6-15-1987 by Ord. No. 87-517]
A grouping of three or more trees, each at least one-and-one-half-inch
in caliper, within a one-hundred-square foot area.
[Added 8-9-2001 by Ord. No. 2001-714]
Deciduous tress with characteristic flower or foliage color
of ornamental/aesthetic value. Understory tress are generally smaller
(20 feet to 40 feet mature height) than canopy trees.
[Added 8-9-2001 by Ord. No. 2001-714]
A private structure or system designed to treat sanitary
sewage within the boundaries of an individual lot as approved by the
appropriate official of the Pennsylvania Department of Environmental
Resources.
[Added 6-15-1987 by Ord. No. 87-517]
The public wastewater system for the treatment of sanitary
sewage of the Upper Merion Township Authority.
[Added 6-15-1987 by Ord. No. 87-517]
A permanent stream, intermittent stream, river, brook, creek
or a channel or ditch for water, whether natural or man-made.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. "Wetlands"
generally include swamps, marshes, bogs and similar areas.
[Added 6-15-1987 by Ord. No. 87-517]
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater. Woodlands
can be characterized as containing at least 100 trees with at least
50% of those trees having a two-inch dbh or greater.
[Added 8-9-2001 by Ord. No. 2001-714]
