For purposes of this chapter, certain words shall be interpreted
as follows:
1.Â
Words used in the present tense include the future.
2.Â
The singular number includes the plural, and the plural includes
the singular.
3.Â
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," and "occupied for."
4.Â
The word "person" includes an individual, corporation, partnership,
incorporated association, and/or any other similar entity.
5.Â
The word "include" or "including" shall not limit the term to the
specified examples but is intended to extend the meaning to all other
instances of like kind and character.
6.Â
The word "building" shall always be construed as if followed by the
words "or part thereof."
7.Â
The word "may" is permissive, and the words "shall" and "will" are
always mandatory.
8.Â
The words "he" or "she" and "they" are to be used interchangeably
with the word "person."
9.Â
The word "street" includes road, highway, avenue, boulevard, or expressway.
10.Â
The word "stream" includes watercourse, creek or river and, where
referenced, a seasonal stream.
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 the absence of a legal definition, its meaning as commonly accepted
by practitioners, including civil engineers, surveyors, architects,
landscape architects, and planners.
The portion of a roadway adjoining the traffic lane, constructed
for the purpose of enabling a vehicle entering a roadway to increase
its speed to a rate at which it can safely merge with traffic.
That which conforms to accepted principles, tests or standards
of nationally recognized technical, scientific, and/or engineering
authorities.
A privately owned, constructed, and maintained vehicular
access from a public or private right-of-way to off-street parking
or loading spaces.
A structure or building detached from a principal building,
on the same lot and customarily incidental and subordinate to the
principal building.
A piece of land which provides physical access to, and legal
road frontage for, a lot but which does not comply with the minimum
lot width regulations of this chapter. Access strips provide access
to "flag," "rear" or "interior" lots.
The Municipalities Planning Code of July 31, 1968, 53 P.S.
§ 10101 et seq., as amended from time to time.
The traveled way by which cars enter and depart parking spaces.
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
whose principal frontage is some other street.
A person who has filed an application for approval of a subdivision,
land development plan, variance, special exception or conditional
use, including his/her heirs, successors, agents and assigns. The
term also includes the landowner, developer, builder and/or other
persons responsible for the plans and construction or building or
other improvements on any parcel of land.
The date of the day when an application for development is filed with Norristown in accordance with submission requirements outlined in Article III. This date is not necessarily the date when the ninety-day plan review period begins.
Every application, whether preliminary 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 development
plan.
A public organization created pursuant to the Municipality
Authorities Act of 1945 (P.L. 382, No. 164).[1]
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to development.
Any form of surety bond in an amount and form satisfactory
to the Municipal Council. All bonds shall be approved by the Municipal
Council whenever a bond is required by regulations.
An area designed and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Unless otherwise specified, "buffer" may be included as part
of the required setbacks and yard areas.
See "applicant."
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind or nature.
(Also see "accessory structure" and "principal building.")
The maximum horizontal area covered by buildings at or above
grade.
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, legal rights-of-way or other areas defined
in the Zoning Ordinance.[2]
Nursery stock tree trunk diameter measured in inches at six
inches above ground level for diameters up to four inches.
A plan setting forth, by category of public facility, those
public improvements and that portion of their costs that are attributable
to servicing new development within a designated service area for
such public facilities over a period of specified years.
The paved portion of a street or highway designed for vehicular
traffic.
All the real property and improvements set aside for the
common use and enjoyment of the residents, including, but not limited
to, buildings, open land, private roads, parking areas, walkways,
recreation areas, landscaped areas, drainage easements, and any utilities
that service more than one unit, such as sewer and water facilities.
A parcel or parcels of land within a development site designed
and intended for the use or enjoyment of the residents of the development,
not including streets, off-street parking areas and areas set aside
for public facilities. Common open space shall not be part of individual
residential lots and shall be substantially free of structures but
may contain such recreational facilities for residents as are shown
in the approved development plan.
The Comprehensive Plan and amendments thereto, including maps, charts, and/or descriptive matter officially adopted by Norristown, indicating recommendations for the continuing development of the Municipality and including all elements required in Article III of the Pennsylvania Municipalities Planning Code.
The requirement that development applications demonstrate
that adequate public services be available at prescribed levels of
service concurrent with the impact or occupancy of the developed property.
Real estate, portions of which are designated for separate
ownership, and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act.[3]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
Sharing a boundary. For purposes of this chapter, properties
on opposite sides of a public right-of-way shall not be considered
contiguous.
A right-of-way for pedestrian travel across a street connecting
two blocks.
A local street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic.
A drain, ditch, or conduit, not incorporated in a closed
system, that carries drainage water under a driveway, roadway, or
paved area.
The elevation of the top of a curb at a given point with
a reference to a designated datum.
A line formed by the face of the existing curb or, in its
absence, the outer edge of the shoulder along which a curb would be
otherwise located.
The connecting link between a street curb and the curb of
a driveway.
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.
Diameter of a tree trunk, measured in inches at breast height,
four feet six inches of an existing planted tree; a measurement pertaining
to tree preservation and removal calculations.
Nonresidential property improvements which would, by their
use, require fewer than five parking spaces, with a maximum footprint
of the addition being less than 1,000 square feet. De minimus improvements
do not include improvements that require significant increases in
water and/or sewer connections, capacities or flows, earthmoving activities
to remove or demolish a building or parts thereof or to erect a new
building, which requires grading of any sort.
The magnitude of precipitation from a storm event measured
in probability of occurrence (i.e., a fifty-year storm) and duration
(twenty-four-hour storm) and used in computing stormwater control
devices.
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.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, streets
and other paving, utilities, mining, dredging, filling, grading, excavation,
or drilling operations.
The provisions for guiding development, including a plan
of subdivision, all covenants relating to 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 natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
A private way providing for vehicular access between a public
street and a parking area within a lot or property.
One or more rooms designed, occupied or intended for occupancy
as a separate living quarters with cooking, sleeping and sanitary
facilities provided in the dwelling unit for the exclusive use of
a single family maintaining a household.
A vested or acquired right to use land, other than as a tenant,
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
A vertical distance above or below a fixed reference level;
or a flat scale drawing of the front, rear or side of a building.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and competent in the profession as established under
the Pennsylvania Engineer, Land Surveyor, and Geologist Registration
Act.[4]
A standardized measurement of the consumption, use or generation
equivalent to that of a new single-family residential development
unit.
The removal of the surface of the land through the combination
of man's activities and/or natural processes at a rate greater
than would occur from natural processes alone.
A deposit of cash with Norristown or an escrow agent to secure
the promise to perform some future act.
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated or bulldozed, as well as
the conditions resulting from such activities.
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a freestanding wall.
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 from such activities.
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 Emergency Management Agency (FEMA).
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.
COMPLETELY DRY SPACESpace which will remain totally dry during flooding; the structure is designed and constructed to permit the passage of water and water vapor.
ESSENTIALLY DRY SPACEA space which will remain dry during flooding; except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
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, the floodway and flood fringe, both of which make up the one-hundred-year floodplain, will be used.
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 DISTRICTSThose floodplain districts specifically designated in this chapter as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), Flood-Fringe District (FF) and General Floodplain District (FA).
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 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 the Flood Proofing 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.
FLOODWAYThe channel of a river or other watercourse and the adjacent land area required to carry and discharge a flood of the one-hundred-year magnitude as specifically defined in this chapter.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain district which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or which is placed where the flow of water might carry the same downstream to the damage of life and property.
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) is as defined by the Federal Insurance Administration in the Flood Insurance Study.
REGULATORY FLOOD ELEVATION (RFE)The one-hundred-year flood elevation plus a freeboard safety factor of 1Â 1/2 feet.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure 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 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.
Gross floor area; the sum of the horizontal areas of the
floors in all buildings on the lot measured from the exterior faces
of exterior walls or from the center line of walls separating two
buildings. In particular, the gross floor area of a building or buildings
shall include basements, elevator shafts and stairwells at each story,
penthouses, attic space, interior balconies and mezzanines but shall
exclude all cellars and any basement space devoted to parking of automobiles
and garages.
That side of a lot abutting on a street or right-of-way and
ordinarily regarded as the front of the lot, but it should not be
considered the ordinary side of a corner lot or rear of a double-frontage
lot.
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 they are maintained
as a continuous pervious cover.
Any security which may be required from the developer by
Norristown after final acceptance by the Municipality of improvements
installed by the developer. Such security may include an irrevocable
letter of credit or an escrow account with a bonding company or commonwealth-
or federally chartered financial institution as further specified
in this chapter.
Any security which may be required from the developer by
Norristown in lieu of the requirement that certain improvements be
made before the Municipality approves a developer's subdivision
or land development plan. Such security may include an irrevocable
letter of credit or a cash escrow account with the Municipality or
commonwealth- or federally chartered financial institution as further
specified in this chapter.
A building's vertical measurement from the mean level
of the ground surrounding the building to a point midway between the
highest and lowest points of the roof, provided that chimneys, spires,
towers, elevator penthouses, tanks and other similar projections shall
not be included in calculating the height.
A fee imposed on new development to help finance the cost
of new improvements or services. Impact fees do not include the dedication
of rights-of-way or easements for such new facilities or construction
of such improvements.
Determined by dividing the total area of all impervious surfaces
within the site by the net buildable site area.
A surface that does not absorb stormwater. All buildings,
hard-surfaced parking areas and driveways, roads, sidewalks and any
area in bituminous paving concrete and packed stone shall be considered
impervious surfaces within this definition.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
The physical additions, installations and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities, and drainage facilities.
Improvements, including but not limited to those contained
in the definition of "improvements," that are constructed on the applicant's
property or along the road frontage of the tract being developed up
to the center line of the road.
Improvements, including but not limited to those contained
in the definition of "improvements," that are intended for dedication
to Norristown, or other municipal body or authority, either in fee
or in easement.
Development that takes place within existing communities,
making maximum use of the existing infrastructure instead of building
on previously undeveloped land.
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.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.[5]
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 proprietary interest in the land.
A bank's written promise that it will make a customer's
(the holder's) payment to Norristown if the customer does not.
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 the Recorder of Deeds for Montgomery County.
Net lot area contained by the building line, minus the area
of any land in a floodplain conservation district, in a steep slope
conservation district, or in a wetlands area.
Calculated land area contained within the deeded boundaries
of a lot.
Gross lot area minus areas of public and private rights-of-way,
easements, ultimate rights-of-way and access strips for flag lots.
A subdivision that removes lot lines between contiguous parcels,
creating a single lot or tract; may also be referred to as "lot line
adjustment" or "reverse subdivision."
A lot having contiguous frontage on two or more intersecting
roads. The yard setback for each road frontage shall be the front
yard setback for the district in which the lot is located.
A lot not fronting or abutting a public roadway and where
access to the public roadway is limited to a narrow private right-of-way.
Any property boundary line of a lot, further defined as follows:
"Front lot line" is the line identical with the street ultimate
right-of-way line (also known as the "street line").
"Rear lot line" is the line or lines most nearly parallel or
concentric to the front lot line.
"Side lot lines" are the lines most nearly perpendicular or
radial to the front lot line. On a corner lot, the side lot line shall
be the line or lines most nearly perpendicular or radial to the higher
classification of street, where applicable. The remaining line shall
be considered the rear lot line.
A lot which fronts on more than one street shall have a front
lot line on each street frontage.
The adjusting of common property line(s) or boundaries between
adjacent lots, tracts, or parcels for the purpose of accommodating
a transfer of land, rectifying a disputed property line location or
bringing a nonconforming sized lot into conformance with the zoning
district. The resulting adjustment will not create any additional
lots, tracts or parcels, and all reconfigured lots, tracts or parcels
shall contain sufficient area and dimension to meet minimum requirements
for zoning and building purposes. Lot line adjustments may include
lot consolidation.
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."
The horizontal distance between side lot lines, measured
at the building line, parallel or concentric to the ultimate right-of-way
line. For a corner lot, lot width shall be measured parallel or concentric
to the ultimate right-of-way line of the higher classification of
street, where applicable.
Any tree of six inches or more in caliper, whether standing
alone or in a tree mass or woodlands. A mature tree shall be a desirable
species as determined by the Shade Tree Commission or landscape architect.
A transportable single-family dwelling intended for permanent
occupancy in one unit or two units designed to be joined into an integral
unit, which arrives at the 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 mobile home
need not meet local building codes but shall meet the standards of
the United States Department of Housing and Urban Development as indicated
in the Structural Engineering Bulletin(s) which shall be provided
to Norristown by the applicant.
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 have been so
designated and improved that they contain two or more mobile home
lots for the placement of mobile homes.
A single-family dwelling unit for permanent occupancy, made
by assembling one or more factory-produced, three-dimensional sections
into one integral building, not capable of easily being separated
for repeated towing, whose construction materials must conform to
those of conventionally built units, as required by Norristown's
Building Code, and must be placed on a permanent foundation. A copy
of the Structural Engineering Bulletin(s) must be provided to Norristown,
indicating approval of the dwelling or its components by the United
States Department of Housing and Urban Development.
A tapered, permanent survey reference point of stone or concrete
having a top four inches on each side and a length of 36 inches.
A group or range of residential classifications including,
but not limited to, attached single-family dwelling units commonly
known as townhouses, row houses, triplexes, quadruplexes, multiplexes,
apartments, and condominiums. The dwelling units may or may not be
individually lotted, but all share features of the overall lot or
tract on which the building(s) containing them is(are) located. The
development is usually under one operating unit.
The elected governing body of Norristown.
A component of a landscape existing or maintained as part
of the natural environment and having ecological value in contributing
beneficially to, among other things, air and water quality, erosion
control, groundwater recharge, noise abatement, visual amenities,
growth of wildlife, human recreation, reduction of climatic stress
and energy costs.
The map adopted by Norristown pursuant to Article IV of the Municipalities Planning Code.
Not located on the property that is the subject of a land
development or a subdivision or on a contiguous portion of a street
or public right-of-way.
Public or private lands designated for the use and enjoyment
of residents of a development and/or the general public, incorporating
natural features such as woodlands, streams, or meadows, and including
state, county or Municipality parks, trails and other recreational
facilities; also includes common open space, as defined below, and
other private lands which are available for the use of municipal residents
(i.e., through access easements). (See "common open space.")
A parcel or parcels of land within a development site designed
and intended for the use or enjoyment of the residents of the development,
not including streets, street rights-of-way, off-street parking areas,
and areas set aside for public facilities. Common open space shall
be substantially free of structures but may contain such recreational
facilities for residents as are shown in the approved development
plan.
Any area which is predominantly open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
An off-street parking area within which three or more required
parking stalls are provided.
A space which, exclusive of driveways and turning areas,
is a minimum of nine feet wide and 18 feet long and which is accessible
for parking one vehicle.
A handicap-accessible parking space which meets the standards
of the Americans with Disabilities Act, as amended.
A designated land corridor containing a route designed for
nonmotorized travel that connects local facilities, neighborhoods,
commercial districts, etc., to a larger trail or sidewalk network.
Sidewalks are not considered pathways.
The maximum rate of flow of stormwater runoff at a given
point and time resulting from a particular magnitude storm.
The Municipalities Planning Code, originally enacted as Act
247 of 1968, which establishes the basic authority for the exercise
of municipal land use controls in Pennsylvania. All subsequent amendments
are included. Abbreviated as "MPC" or "Act 247."[6]
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
A plan showing the construction details of facilities and improvements required by Article IV of these regulations.
The Norristown Planning Commission.
The map or plan of a subdivision or land development, whether
preliminary or final.
A building which is considered the principal use of the lot
on which it is located.
The single dominant use or single main use on a lot.
A recorded boundary of a lot. Any property line which abuts
a street or other public way shall be measured from the right-of-way.
A formal meeting held pursuant to public notice by the governing
body, Planning Commission or other municipal agency, intended to inform
and obtain public comment prior to taking action, in accordance with
the Pennsylvania Municipalities Planning Code, as amended.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act"[7] (". . .any prearranged gathering of an agency which is
attended or participated in by a quorum of the members of an agency,
held for the purpose of deliberating agency business or taking official
action").
Notice of a public hearing published in a newspaper of general
circulation in the Municipality. Such notice shall state the time
and place of the hearing and particular nature of the matter to be
considered at the hearing. The publication of a public notice shall
be in accordance with the Pennsylvania Municipalities Planning Code,
as last amended.
The level of control of the post-development peak rate of
runoff to be achieved for a particular site, expressed as a percentage
of the predevelopment peak rate of runoff.
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.
A strip of land over which are provided rights for various
purposes, including vehicular access and travel, storm drainage, and
utilities; also see "street rights-of-way."
A letter of credit, surety bond, or cash escrow provided
by the applicant to secure its promises regarding public improvements
associated with an approved subdivision or land development.
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."
A licensed employee of the Pennsylvania Department of Environmental
Protection (PADEP) who issues permits, reviews permit applications
and sewage facilities planning modules, and conducts inspections and
investigations necessary to implement the Pennsylvania Sewage Facilities
Act and regulations promulgated under it.[8]
A comprehensive plan for the provision of adequate sewage
facilities which was adopted by the Norristown Council and approved
by the Pennsylvania Department of Environmental Protection.
Completed forms submitted to the Sewage Enforcement Officer
and PADEP for the purposes of revising the sewage facilities plan
resulting from a proposed land development or subdivision.
A woody perennial plant having persistent woody stems, branching
from the base.
The distance of unobstructed view along the center line of
a street from the driver's eye height of 3.5 feet to the furthest
visible point six inches above the street surface.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
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 as the ratio of the horizontal distance required to attain
one foot of vertical distance.
The Soils Survey of Montgomery County, latest edition, prepared
by the Soil Conservation Service of the United States Department of
Agriculture.
Any tree with a caliper that is 75% or more of the record
tree of the same species in the Commonwealth of Pennsylvania.
A structure which provides for the storage and slow release
of stormwater runoff during and after a storm; referred to as a sediment,
retention or detention basin.
Plans prepared and adopted by Montgomery County and pursuant
to Act 167 of 1978.
Water from rainfall or melting snow in a watershed in excess
of the natural absorbency of that watershed, which flows over the
ground surface to collect in streams and channels.
A low-lying stretch of land which gathers or carries surface
water runoff.
A line identical to the ultimate right-of-way line.
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. It 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. For
identification for all street and road classifications within Norristown,
refer to the Municipality's Official Map of Streets.
ARTERIALA street serving a large volume of comparatively high-speed and long-distance traffic.
COLLECTORA street designed and located to provide a means to accommodate traffic between neighboring communities and to interconnect arterial streets with local roads.
MAJORA collector serving moderate levels of traffic within the municipality, providing a mix of mobility and access and linking adjacent communities.
MINORA collector serving lower amounts of traffic, providing relatively more access than mobility, and serving as a major road through identifiable neighborhoods.
LOCAL ROADA road intended to provide access to other roads from individual properties.
CUL-DE-SAC STREETA local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic.
PRIVATE STREETA local street serving abutting lots that is not offered or required to be offered for dedication.
ALLEYA 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 whose principal frontage is some other street.
MARGINAL ACCESS STREETA street parallel to and adjacent to a collector or arterial street which provides access to abutting properties and separation from traffic.
Rights-of-way for street purposes are defined as follows:
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 Norristown.
Anything built, constructed, or erected which requires location
on the ground or attachment to something located 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.
All subdivisions not classified as minor subdivisions, including
but not limited to subdivisions of four or more lots, or any size
subdivision requiring any new street or extension of the municipal
facilities or the creation of public improvements.
Any subdivision containing not more than three lots fronting
on an existing street, not involving any new street or road, or the
extension of municipal facilities or the creation of public improvements,
and not adversely affecting the remainder of the parcel or adjoining
property, and not in conflict with any provision or portion of the
Comprehensive Plan, Official Map, Zoning Ordinance, or other pertinent
regulations. Minor subdivisions include lot line adjustments, including
lot consolidation, and simple conveyances, as defined herein:
LOT LINE ADJUSTMENTA proposal between two abutting, existing, legally approved and recorded lots in which a lot line between the two lots is proposed to be adjusted in terms of its location or configuration. Reasons for lot line adjustments include:
SIMPLE CONVEYANCEA proposal between two abutting, existing, legally approved and recorded lots in which a portion of one lot is being divided off to be conveyed to the owner of the abutting lot. The land area to be conveyed in a simple conveyance generally does not comply with one or more of the dimensional standards of the district in which the lots are located.
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 original upper layer of soil material to a depth of six
inches which is usually darker and richer than subsoil.
The total acreage of the overall site within the lot lines,
excluding rights-of-way of existing public roads.
A designated land corridor containing an improved route designed
for nonmotorized travel that provides recreational, aesthetic, alternate
transportation, or education opportunities for all ages and abilities.
Sidewalks are not considered trails.
A single or one-way vehicle movement to or from a property
or study area. "Trips" can be added together to calculate the total
number of vehicles expected to enter or leave a specific land use
or site over a designated period of time.
The dividing line between a lot and the outside limit of
a street ultimate right-of-way; identical with "front lot line" and
"street line."
The viewing area readily perceived by the observer from a
certain location or series of locations, commonly delineated by visual
accents such as, but not limited to, tree lines or ridges, geologic
features, historic structures, stone walls, and watercourses.
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 system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the local authorities. It includes the following definitions:
WATER FACILITIES, PUBLICA water distribution system serving all or a portion of the Municipality and operated by a certified public utility.
WATER FACILITIES, COMMONA water distribution system serving a single neighborhood or development.
Those areas that are inundated and saturated by surface water
or groundwater 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; includes
swamps, marshes, bogs and similar areas. Development in wetlands is
regulated by the United States Army Corps of Engineers and the Pennsylvania
Department of Environmental Resources. Identification of wetlands
should be based upon the Federal Manual for Identifying and Delineating
Wetlands, an interagency publication of the Corps of Engineers, EPA,
Fish and Wildlife Service, and Soil Conservation Service, dated January
1989.
The area(s) of a lot which must remain free of buildings
or other structures, and may be used as lawn or planted area, parking
or driveway space, in compliance with the provisions of this chapter.
A yard is measured at right angles from the right-of-way or lot line
to the nearest building wall. "Yard" is further defined as follows:
FRONT YARDA yard which extends across the full width of a lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the street legal right-of-way line, unless stated otherwise.
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line. However, corner lots shall be regarded as having two front yards for the frontage along a street. Therefore, the setback for a side yard with street frontage shall be the same as the front yard setback for the district in which the property is located.
A line which locates and delineates the minimum yard setback
requirements, measured from the ultimate right-of-way, rear, and side
lot lines.
The person or agency appointed by Norristown to administer
and enforce the provisions of the Zoning Ordinance.[10] The term "Zoning Officer" shall also include any duly
appointed staff or assistants.
[1]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed 6-19-2001 by Act 22 of 2001. See now 53 Pa.C.S.A. § 5601
et seq.
[3]
Editor's Note: See 68 P.S. § 700.101 et seq. and
68 Pa.C.S.A. § 3101 et seq. The Unit Property Act was repealed
in 1980 but generally remains in effect for condominiums created prior
to the effective date of the repeal.
[4]
Editor's Note: See 63 P.S. § 148 et seq.
[5]
Editor's Note: See 53 P.S. § 10503.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[8]
Editor's Note: See 35 P.S. § 750.1 et seq.
As used in this chapter, the following abbreviations shall have
the meanings indicated:
ASCE — American Society of Civil Engineers.
ASLA — American Society of Landscape Architects.
ASTM — American Society of Testing and Materials.
AWWA — American Water Works Association.
COE — Army Corps of Engineers.
DCA — Pennsylvania Department of Community Affairs.
DEP — Pennsylvania Department of Environmental
Protection.
DRBC — Delaware River Basin Commission.
EPA — Federal Environmental Protection Agency.
IES — Illuminating Engineering Society.
IFC — International Fire Code.
ITE — Institute for Traffic Engineers.
MCCD — Montgomery County Conservation District.
MCHD — Montgomery County Health Department.
MCPC — Montgomery County Planning Commission.
PennDOT — Pennsylvania Department of Transportation.
ULI — Urban Land Institute.
USCGS — United States Coast and Geodetic Survey.
USGS — United States Geological Survey.
