Words used in the singular include the plural, and words in the plural include the singular. The word "person" indicates a corporation, an incorporated association and a partnership as well as an individual. The word "building" indicates "structure" and shall be construed as if followed by the words "or part thereof." The word "street" indicates "road" and "land," and "watercourse" includes "drain," "ditch" and "stream." The word "may" is permissive; the word "shall" and "will" are mandatory, subject to the provisions of Subsection
A.
ALLEY
A strip of land over which there is a right-of-way, municipally
or privately owned, on which no dwellings or stores front, serving
as the secondary means of access to two or more properties.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
APPLICANT FOR DEVELOPMENT
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 plot or plan or for the approval
of a development plan.
BLOCK
An area usually bounded by streets or streets and natural
or man-made features.
BUILDER
A person who is not necessarily the owner of the land or
agent of the same, who by contract or other agreement is charged with
the responsibility of construction of buildings or other structures
or of making any construction improvements on any parcel of land.
BUILDING SETBACK LINE
A line within a lot, so designated on a subdivision plan,
between which line and the ultimate right-of-way line of the street
on which the lot abuts a building may be erected.
CARTWAY
The portion of a street or alley intended for vehicular use.
CERTIFIED SEWAGE ENFORCEMENT OFFICER
An individual certified by the Department of Environmental
Protection (to implement the act and the rules and regulations of
the Department in regard to on-lot sewage disposal).
COMPREHENSIVE PLAN
The official public document of current adoption, consisting
of maps, charts and textual matter, that constitutes a policy guide
to decisions about the physical and social development of the Township.
CONDOMINIUM
An estate in real property consisting of an undivided interest
in a portion of a parcel together with a separate interest in a space
within a structure. This form of ownership may be applied in residential,
professional office, limited industrial, and commercial land uses.
CROSSWALK
A right-of-way for pedestrian travel across a block connecting
two of the bounding streets.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
CUL-DE-SAC
A street with access at one end and terminated at the other
by a paved vehicular turnaround.
DEVELOPMENT PLAN
The provisions for development of a planned residential development,
including 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. The phrase "provisions of the development
plan" when used in this chapter shall mean the written and graphic
materials referred to in this definition.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or structures, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation or drilling operations, and the storage
of materials or equipment.
DEVELOPER
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
or land development.
DRIVEWAY
A private street providing for vehicular and pedestrian access
between a public street and a parking area within a lot or property.
EASEMENT
A right-of-way or other right granted for the use of private
land for certain public or quasi-public purposes.
ENDORSEMENT
Review stamp of the Montgomery County Planning Commission.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in Article
V of Chapter
250, Zoning, as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), the Flood-Fringe District (FF), the Approximated Floodplain (FA) and Alluvial Soil.
FLOOD
A temporary condition of partial or incomplete inundation
of normally dry land areas.
FLOODPLAIN
That area defined in Article
V of the Township Zoning Ordinance (Chapter
250, Article
V) as the Floodplain Conservation District; the floodplain definition contained therein is made part of this chapter by reference.
GRADE
A slope of a street or other public way specified in percent
and shown on plans as specified herein.
IMPROVEMENT
Grading, paving, curbing, streetlights and signs, fire hydrants,
wells, water mains, sanitary sewers and signs, fire hydrants, wells,
water mains, sanitary sewers, storm drains, sidewalks, parking areas,
crosswalks and street shade trees.
LAND DEVELOPMENT
(1)
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(a)
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
(b)
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.
(3)
Development in accordance with § 503(1.1)
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(1.1).
LANDOWNER
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 having a
remaining term of not less than 40 years, or other person having a
proprietary interest in land, shall be deemed to be a landowner for
the purposes of this chapter.
LOT
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.
LOT AREA
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, excluding any area
within any right-of-way, but including the area of any easement.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after December 1, 1980, and includes any subsequent improvements
to such structures.
OFFICIAL MAP SUMMARY
The map of current adoption showing the location of the lines
of existing and proposed public streets, including the ultimate width
of the corridor for such streets, watercourses and public grounds
for the whole of the municipality of Lower Pottsgrove Township, provided
that proposing streets, watercourses or public grounds shall not,
in and of itself, constitute a taking or acceptance of any land by
the municipality of Lower Pottsgrove Township.
PLAN
(1)
PLAN, IMPROVEMENT CONSTRUCTIONA plan prepared by a registered engineer or surveyor showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by this chapter showing the horizontal details, profile and typical cross section to be constructed or installed.
(2)
PLAN, LAND DEVELOPMENTA tentative, preliminary or final plan including written and graphic material showing the provision for development of a subject tract when plans of subdivision would not be applicable.
(3)
PLAN, PRELIMINARYA plan prepared for discussion with the Planning Commission and Commissioners by a registered engineer or surveyor showing the proposed street and lot layout, the deed restrictions, easements, etc., of the entire land owned being subdivided.
(4)
PLAN, RECORDA plan prepared for recording by a registered engineer or surveyor, showing the ultimate width of streets, the lot lines, easements and any other relevant information pertaining to the subdivision.
(5)
PLAN, TENTATIVEA rough draft showing proposed streets and lots related to topography, to be used as the basis for informal discussion between the representatives of the Planning Commission and subdivider, developer or builder.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land controlled by a landowner to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of the Township Zoning Ordinance (Chapter
250).
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. 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.
RESERVE STRIP
A parcel of land separating a street from adjacent properties.
SIGHT DISTANCE
The distance of unobstructed view along the center line of
a street from the driver's sight height of five feet to the farthest
visible point four inches above the street.
SOIL SURVEY
Soil Survey of Montgomery County, Pennsylvania, published
April 1967, as may be amended, by the Soil Conservation Service, United
States Department of Agriculture, and which is available in the Township
or through the Extension Service, Agricultural Agent, the Pennsylvania
State University in Norristown.
STREET
A strip of land including the entire ultimate right-of-way,
publicly or privately owned, serving primarily as means of vehicular
and pedestrian travel, furnishing access to abutting properties, which
may also be used to provide space for sewers, public utilities, shade
trees and sidewalks.
(1)
HALF STREETA street of less than required right-of-way and cartway width.
(2)
MAJORA street connecting district centers or communities, serving large volumes of fast-moving through traffic, preferably located outside or bounding the residential neighborhood.
(3)
MARGINAL ACCESS STREETA street parallel and adjacent to a major street, providing access to abutting properties by a cartway separated from the major streets by a reserve strip.
(4)
RESIDENTIALA street used primarily as the principal means of access to adjacent residential properties.
(5)
SECONDARYA street connecting local residential streets to each other or community facilities and to the major streets serving only neighborhood traffic.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. For floodplain
management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground.
SUBDIVISION
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 a lease, partition by the court for
distribution to devisees or heirs, 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 or any residential dwelling shall
be exempted.
ULTIMATE RIGHT-OF-WAY
The expected future right-of-way width computed from the
center line of an established right-of-way, as shown on the ultimate
right-of-way map of the Township adopted by the governing body as
part of the Official Map Summary of Lower Pottsgrove.
ULTIMATE RIGHT-OF-WAY LINE
The line parallel to the center line of any public street
which defines the boundary of the ultimate right-of-way as defined
above.