For purposes of this chapter, certain words
shall be interpreted as follows:
A.Â
Words used in the present tense include the future.
B.Â
The singular number includes the plural, and the plural
includes the singular.
C.Â
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
D.Â
The word "person" includes an individual, corporation,
partnership, incorporated association and/or any other similar entity.
E.Â
The words "include" or "including" shall not limit
the term to the specified examples but are intended to extend the
meaning to all other instances of like kind and character.
F.Â
The word "building" shall always be construed as if
followed by the words "or part thereof."
G.Â
The word "may" is permissive, and the words "shall"
and "will" are always mandatory.
Words and terms used in this chapter shall have
the meanings given in this article. Unless expressly stated otherwise,
any pertinent word or term not a part of this listing but vital to
the interpretation of this chapter shall be construed to have its
legal definition or, in absence of a legal definition, its meaning
as commonly accepted by practitioners, including civil engineers,
surveyors, architects, landscape architects and planners.
That which conforms to accepted principles, tests or standards
of nationally recognized technical, scientific and/or engineering
authorities.
A public or privately owned right-of-way, on which no new
dwellings, stores or other principal buildings are intended to front,
serving as the secondary means of access to two or more properties.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
[Amended 7-2-1990 by Ord. No. 2-90]
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the start of construction
or development, including but not limited to an application for a
building permit, for the approval of a subdivision plan or for the
approval of a development plan.
[Added 7-2-1990 by Ord. No. 2-90]
The point above a waterway which defines the maximum height
of channel flow of a waterway. It is either determined visually or
computed as an elevation using the peak rate of runoff from a two-year
storm event.
[Added 6-1-1998 by Ord. No. 6-98]
See definition under "floodplain."
An area bounded by streets or streets and natural or man-made
features.
The elected governing body of the Borough of Pennsburg; also
referred to as "Council."
An area designed to separate the uses of land which abut it and which functions to ease the transition between them. Unless otherwise specified, buffers may be included as part of the required setbacks and yard areas. Buffers may be divided into two or more types as explained in the design standards of this chapter (see Article IV).
See definition of "applicant."
Any structure, whether built conventionally or in a manner
generally referred to as "mobile," "modular" or "manufactured," having
enclosed walls and roof, permanently located on the land, the ordinary
use of which requires people to enter the structure.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side and rear yard areas and encompasses the area of the lot not found
in the yard areas and rights-of-way.
The portion of a street, alley or driveway intended for vehicular
use.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities;
also referred to as "open space." It may be public or private.
[Amended 7-2-1990 by Ord. No. 2-90]
The current, officially adopted Comprehensive Plan for the
Borough of Pennsburg and all amendments thereto.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
The outermost edge of a cartway, equivalent to the edge of
paving where curbs are not utilized.
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade;
also, the material removed in an excavation.
Residential and nonresidential improvements which would,
by their use, require less than six parking spaces with a maximum
footprint of the addition being less than one 1,000 square feet.
[Added 10-2-2006 by Ord. No. 5-06]
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.
[Amended 7-2-1990 by Ord. No. 2-90]
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 and mining, dredging,
filling, grading, excavation or drilling operations.
The provisions for development, including a planned residential
development, a plan of subdivision, all covenants relating to the
use, location and bulk of buildings and other structures, intensity
of use or density of development, streets, parking facilities, ways,
common open space and public facilities. The phrase "provisions of
the development plan" shall mean the written and graphic materials
referred to in this definition.
[Amended 7-2-1990 by Ord. No. 2-90]
The natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
A private way providing for vehicular and pedestrian access
between a public street and a parking area within a lot or property.
A right-of-way or other right granted by a property owner
for the use of a designated part of his/her property for public, quasi-public
or private purposes, including utilities, drainageways and access.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and competent in the fields encompassed by these regulations.
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated or bulldozed, as well as
the conditions resulting therefrom.
Any act by which natural materials are placed, pushed, dumped,
pulled, transported or moved to a new location above the natural surface
of the ground or on top of the stripped surface, as well as the conditions
resulting therefrom.
BASE FLOODThe 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, it shall be the one-hundred-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration.
BASE FLOOD ELEVATIONThe one-hundred-year-flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain or other similarly documented areas, the one-hundred-year-flood elevation shall be established as a point on the boundary of the floodplain nearest to the construction site in question.
FEMA and FIAThe Federal Emergency Management Agency and the Federal Insurance Administration, which have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this chapter, it also delineates floodplain areas.
FLOOD INSURANCE STUDYThe examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this chapter and other ordinances.
FLOODPLAINA relatively flat or low land area adjoining a stream, river or watercourse, which is subject to partial or complete inundation during a one-hundred-year flood, or any area subject to the unusual and rapid accumulation of surface water from any source; also referred to as "flood-prone area."
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
FLOODPROOFINGAny 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 number 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 these 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.
ONE-HUNDRED-YEAR FLOODA 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 in the Flood Insurance Study.
REGULATORY FLOOD ELEVATIONThe one-hundred-year-flood elevation, plus a freeboard safety factor of 1Â 1/2 feet.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
Any project for the improvement of a structure
to comply with existing state or local health, sanitary or safety
code specifications which are solely necessary to assure safe living
conditions; or
Any alteration of a structure listed on a National
Register of Historic Places or a State Inventory of Historic Places.
The length of the lot line abutting a street right-of-way.
The slope of a street, parcel of land, utility lines, drainageways,
etc., specified in percent and shown on plans as required herein.
Low-growing plant materials planted in a manner to provide
continuous plant cover of the ground surface; lawn, ivy and other
low plant materials are included. Nonplant ground cover may also include
bark or wood chips, gravel and stone, provided that they are maintained
as a continuous pervious cover.
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of the roof, as further defined below:
Flat: the highest point measurable.
Mansard: the deck line.
Gable, hip and gambrel: the mean height between
the eaves and ridge.
For a building with two or more roof heights,
to the higher roof.
Chimneys, spires, towers, mechanical penthouses,
tanks and similar projections not intended for human occupancy shall
be excluded.
The physical additions, installations and changes required
to render land suitable for the use proposed, including but not limited
to streets, curbs, sidewalks, utilities and drainage facilities.
Any of the following activities:
[Amended 7-2-1990 by Ord. No. 2-90] --
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 tenants; 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.
Development in accordance with Section 503(1.1)
of the Pennsylvania Municipalities Planning Code.[1]
[Amended 7-2-1990 by Ord. No.
2-90]
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 any other person having proprietary interest in the land.
[Amended 7-2-1990 by Ord. No. 2-90]:
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.
A contiguous tract, parcel or unit of land held
by a landowner and/or intended for use, development, lease or transfer
of ownership and for which a deed description is recorded or is intended
to be recorded at the office of Recorder of Deeds for Montgomery County.
The horizontal land area of a lot, further defined as follows:
GROSS LOT AREAThe total horizontal land area lying within the lot or tract boundaries.
NET LOT AREAThe gross lot area minus:
A lot which conforms in all respects to the dimensional requirements
of the zoning district in which it is located, except that the only
road frontage and access is limited to an access strip. This definition
does not include the commonly used wedge-shaped lots located on a
cul-de-sac turnaround; also known as "flag" or "interior lot."
See the definition of "common open space."
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
The planning agency created by the Borough Council in accordance with Article II, Planning Agencies, of the Pennsylvania Municipalities Planning Code.[2] If a Borough Planning Commission is not created, then
the Borough Council may assign the powers and duties of the Borough
Planning Commission to a planning committee comprised of members appointed
from the Borough Council, in which case all references herein to the
"Borough Planning Commission" shall refer to the planning committee.
The process of creating woodlands with three distinct layers
of vegetation: canopy trees, understory shrubs or trees and herbaceous
groundcover plants.
[Added 6-1-1998 by Ord. No. 6-98]
A parcel of land whose primary function is to separate a
street from adjacent properties, while not being used or capable of
being used as a building lot, open space or recreation area, or legitimate
environmental protection purposes.
Lotting which extends between two streets of differing classifications,
with vehicular access provided from the lesser street in order to
promote traffic flow and safety on the greater street.
A strip of land over which are provided rights for various
purposes, including vehicular access and travel, storm drainage and
utilities. Also see the definition of "street rights-of-way."
Land adjacent to a stream, lake, pond, wetlands or waterway.
Riparian areas form the transition between the aquatic and the terrestrial
environment.
[Added 6-1-1998 by Ord. No. 6-98]
A method of removing small groups of trees scattered throughout
a woodland in order to retain the biodiversity of the woodland while
allowing limited harvesting of trees.
[Added 6-1-1998 by Ord. No. 6-98]
The distance of unobstructed view along the center line of
a street from the driver's eye-height of 3.75 feet to the furthest
visible point six inches above the street surface.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture.
A public or private right-of-way serving primarily as a means
of vehicular and pedestrian travel, furnishing access to abutting
properties, and which may also be used for utilities, shade trees
and stormwater control; includes street, avenue, boulevard, road,
highway, freeway, parkway, lane, alley, viaduct and any other ways
used or intended to be used by vehicular traffic or pedestrians.
[Amended 7-2-1990 by Ord. No. 2-90]
The dividing line between a lot and a street, identical to
the ultimate right-of-way line.
Rights-of-way for street purposes are defined as follows:
[Amended 7-2-1990 by Ord. No. 2-90] --
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a development plan is submitted.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Borough.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in this chapter.
[Amended 7-2-1990 by Ord. No.
2-90]:
Any man-made object having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land.
Any form or arrangement of building material
involving the necessity of providing proper support, bracing, tieing,
anchoring or other protection against the forces of the elements.
Also see the definition of "building."
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 7-2-1990 by Ord. No. 2-90]
A land surveyor, licensed as such in the Commonwealth of
Pennsylvania and competent in the skills needed to conduct the surveys,
lay out the subdivision plans and install all markers required by
the terms of this chapter.
The uppermost level of soil, commonly referred to as the
"A horizon," which is usually more fertile and better structured than
underlying soil levels. It is the most important part of the soil
due to its concentration of organic matter and microorganisms, and
its loss or degradation represents the most serious aspect of soil
erosion because, without topsoil, little plant life is possible. Topsoil
shall consist of dark brown or black, organic-rich soil that is loose
and free of deleterious material (sticks, plastic, metal, construction
debris, asphalt, concrete, etc.), with less than 10% rock fragments
larger than one inch in diameter (maximum of 25% fragments less than
one inch in diameter).
[Added 10-2-2006 by Ord. No. 5-06]
The dividing line between a lot and the outside limit of
a street ultimate right-of-way.
A barrier whose purpose is to obscure a view; generally comprised
of plant materials suitable for the purpose.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales and rivers.
A stream, creek, river, pond, lake or other watercourse or
waterbody.
[Added 6-1-1998 by Ord. No. 6-98]
An open, generally unoccupied area of a lot which must remain
free of buildings but which may contain lawn or planted areas, parking
and/or driveways, walks, walls, fences and similar appurtenances.
