[Ord. 512, 3/26/1990, § 14.2.1]
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 "avenue," "highway," "road," and "lane;" and "watercourse" includes "drain," "ditch" and "stream." The word "may" is permissive; the words "shall" and "will" are mandatory subject to the provisions of § 22-202 of these regulations.
[Ord. 512, 3/26/1990, § 14-2.1; as amended by Ord.
524, 12/31/1991]
Unless otherwise expressly stated, the following terms shall
have the meanings indicated:
A strip of land over which there is a right-of-way, municipality
or privately owned, on with no dwellings or store fronts, 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.
Every application, whether preliminary, tentative 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.
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 purposes of this chapter, the one-hundred-year
flood, as referenced in the current Flood Insurance Study, West Norriton
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 the Housing and Urban Development.
An area usually bounded by streets or streets and natural
or man-made features.
The Board of Commissioners of West Norriton Township.
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.
The line which establishes the minimum depth of front yard
required by the particular zoning district as measured from the ultimate
right-of-way line, between which line and the ultimate right-of-way
line of the street on which the lot abuts a building may not be erected.
The portion of a street or alley 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.
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 connecting
two of the bounding streets.
A street with access at one end and terminated at the other
end by a paved vehicular turnaround.
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. Written evidence of authorization, satisfactory
in form to the Township Solicitor, shall be filed with the application
and plan when signed by an agent of the registered owner.
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.
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. The phrase "provisions of
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
The flow of water or liquid waste and the methods of directing
such flow, whether natural or artificial.
A private street 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 for the use of private
land for certain public, quasi-public or private purposes.
The review stamp of the Montgomery County Planning Commission.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for West Norriton
Township.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, 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 placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of stripped surface,
and shall include the conditions resulting therefrom.
The difference in elevation between a point on the original
ground and a designated point of higher elevation on the final grade.
The material used to make a fill.
A temporary condition of partial or complete inundation of
normally dry land areas.
That area defined in Part 22, Floodplain Control Ordinance, as the "Floodplain District"; the "floodplain" definition contained therein is made part of this chapter by reference.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate 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 (W1) classes referenced in these regulations. In said publication
where reference is made to "below (or above) the BPD (base flood datum),"
it shall be interpreted as meaning below (or above) the base flood
elevation.
A slope of a street or other public way, specified in percent,
and shown on plans as specified herein.
Grading, paving, curbing, guttering, streetlights, street
signs, fire hydrants, water mains, gas mains, sanitary sewers, on-site
sewage disposal facilities, storm drains, inlets and appurtenances,
culverts, bridges, sidewalks, crosswalks, monuments, telephone and
electric lines, shade trees and all construction appurtenances incidental
thereto; also wells and parking areas.
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.
"Land development" does not include development which involves:
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 building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a 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 the proper authorities.
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 may exercise the rights of the "landowner"
or other person for a property.
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.
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 easements.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more 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.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
The Official Map of current adoption showing the exact 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 Township of West Norriton Township,
provided that proposed streets, watercourses or public grounds shall
not, in and of itself, constitute a taking or acceptance of any land
by West Norriton Township.
A flood that has one chance in 100, or a one-percent chance
of being equaled or exceeded in any given 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, West
Norriton Township. Within the approximated floodplain, the one-hundred-year
flood elevation shall be established as a point on the boundary of
the approximated floodplain nearest to the construction site in question.
PLAN, IMPROVEMENT CONSTRUCTIONA plan prepared by a registered engineer, showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by these regulations, showing the horizontal details, profile and typical cross section to be constructed or installed.
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.
PLAN, PRELIMINARYA plan prepared by a registered engineer or a registered surveyor, showing existing features of the land and proposed street and lot layout within and adjacent to a subdivision.
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 required by this chapter.
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.
The Planning Commission of the Township of West Norriton.
The map or plan of a subdivision or land development, whether
preliminary or final.
Includes:
A formal meeting held pursuant to public notice by the Board
of Commissioners or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
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.
A parcel of land separating a street from adjacent properties.
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 Township of West Norriton shall
mean that every "right-of-way" established and shown on a final record
plan is to be separate and distinct from the lots or parcels adjoining
such "right-of-way" and not included within the dimensions or areas
of such lots or parcels. These "rights-of-way" that involve maintenance
by the Township of West Norriton shall be dedicated to public use
by the subdivider of the plan on which such "rights-of-way" are established.
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.
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 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 surface.
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 mechanical treatment designed to increase or
maintain the stability of a mass of soil or otherwise to improve its
engineering properties.
A report entitled "Soil Survey of Montgomery County, Pennsylvania,"
published April 1967, by the Soil Conservation Service, United States
Department of Agriculture, which is available in the Township or through
the Extension Service, Agricultural Agent, the Pennsylvania State
University, Creamery, Pennsylvania.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
RESIDENTIALA street used primarily as the principal means of access to adjacent residential properties.
SECONDARYA street connecting local residential streets to each other or community facilities and to the major street serving only neighborhood traffic.
Secondary feeder roads serve to connect residential streets
to collector roads and to community facilities with light traffic
volumes.
Secondary collector roads serve to connect feeder roads and
residential streets to other feeder roads, community facilities and
major highways with medium traffic volumes.
MAJORA street connecting district centers or communities, serving large volumes of fast-moving through traffic, preferably located outside or bounding the residential neighborhood.
HALF STREETA street of less than the required right-of-way and cartway width.
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.
The dividing line between the street and the lot. The "street
line" shall be the same as a legal right-of-way, provided that:
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
Any 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 a 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 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.
Where in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
of those improvements required as a condition for final approval have
been completed in accordance with the approved plan, so that the project
will be able to be used, occupied or operated for its intended use.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or human
debris. "Topsoil" is usually found in the uppermost soil layer called
the "A Horizon."
The expected future right-of-way width computed from the
center line of an established right-of-way.
The line parallel to the center line of any public street
which defines the boundary of the ultimate right-of-way as defined
above.
A stream of water, river, brook, creek or a channel or ditch
for water, whether natural or man-made.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Township.
