The singular shall include the plural and the plural the singular.
Words used in the masculine gender shall include the feminine and
neuter. Words used in the past or present tense shall include the
future.
A.
The words "person," "subdivider" and "owner" include a corporation,
unincorporated association and a partnership, or other legal entity,
as well as an individual.
B.
The word "street" includes thoroughfare, avenue, boulevard, court,
expressway, highway, lane, arterial and road.
C.
The word "building" includes structures and shall be construed as
if followed by the phrase "or part thereof."
D.
The word "watercourse" includes channel, creek, ditch, drain, dry
run, spring and stream.
E.
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory.
Where terms or words are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
Terms or words used herein, unless otherwise expressly stated,
shall have the following meanings:
See "service street."
A licensed architect in the Commonwealth of Pennsylvania.
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this and other ordinances
have been prepared; for purposes of this chapter, the one-hundred-year
flood, as referenced in the current Flood Insurance Study, Perkiomen
Township, prepared by the Federal Insurance Administration, Federal
Emergency Management Agency.
[Added 2-2-1982 by Ord. No. 83]
The one-hundred-year flood elevation, as referenced in the
Flood Insurance Study, Perkiomen Township prepared by the Federal
Insurance Administration, Federal Emergency Management Agency. Within
the approximated floodplain, alluvial soils, floodplain or areas to
be determined as floodplain as documented by the Township Engineer,
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.
[Added 2-2-1982 by Ord. No. 83]
A tract of land, a lot or groups of lots bounded by streets,
public parks, railroad rights-of-way, watercourses, boundary lines
of the municipality, unsubdivided land, or by any combination of the
above.
A constructed edifice designed to stand more or less permanently,
covering a space of land, usually covered by a roof and more or less
completely enclosed by walls, and serving as a dwelling, storehouse,
factory, gas or liquid storage tank, shelter for animals, or other
useful structure — distinguished from structures not
designed for occupancy (such as fences or monuments) and from structures
not intended for use in one place (as boats or trailers) even though
subject to occupancy — of which at least 51% of actual
cash value (less land value) is located above ground. (See "structure"
definition.)
[Amended 2-2-1982 by Ord. No. 83]
The line within a property defining the minimum required
distance between any building to be erected and an adjacent right-of-way.
Such line shall be measured at right angles from the front street
right-of-way line which abuts the property upon which said building
is located and shall be parallel to said right-of-way line.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
An area of unobstructed vision at the street intersection
defined by lines of sight between points at a given distance from
the intersection of street center lines.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
[Added 2-2-1982 by Ord. No. 83]
The County of Montgomery, Commonwealth of Pennsylvania.
The Montgomery County Planning Commission.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street.
The devotion of land to a public use by an unequivocal act
of the owner manifesting an intention that it shall be accepted and
used presently or in the future for such public use, the owner reserving
to himself no other rights than those that are compatible with the
full exercise and enjoyment of the public use to which the property
has been devoted. [As modified from the Supreme Court's decision
in the case Coffin v. Old Orchard Development Corporation, 408 Pa.
487 (1962).]
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to make a subdivision
of land or a land development.
Any structure, or part thereof, designed to be occupied as
living quarters for a single housekeeping unit.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose, and within which
the lessee or owner of the property shall not erect any permanent
structure but shall have the right to make any other use of the land
which is not inconsistent with the rights of the grantee.
The application of the reviewing and/or approving authority's
stamp and the signatures of the appropriate authority on the record
plan.
A licensed professional engineer registered in the Commonwealth
of Pennsylvania.
A temporary condition of partial or complete inundation of
normally dry land areas.
[Added 2-2-1982 by Ord. No. 83]
That area defined in Article XXV of Chapter 310, Zoning, as the Floodplain Conservation District; the floodplain definition (see § 310-5 and Article XXV) contained in Chapter 310 shall be considered the definition for floodplain for all purposes and uses of this chapter.
[Added 2-2-1982 by Ord. No. 83]
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
Engineer, U.S. 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. Said regulations are contained in the Building Code of
Perkiomen Township, as amended.[1]
[Added 2-2-1982 by Ord. No. 83]
The Board of Supervisors of Perkiomen Township, Montgomery
County, Pennsylvania.
Those physical additions and changes to the land that may
be necessary to provide usable and desirable lots.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
The term "land development" shall not include
any of the following activities:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium;
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building; or
The addition or conversion of buildings or rides
within the confines of an enterprise which would be considered an
amusement park. For purposes of this subsection, an amusement park
is defined as a tract or area 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 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 to exercise the rights of the landowner
or other person having a proprietary interest in land shall be deemed
to be a landowner for the purposes of this act.
A licensed landscape architect in the Commonwealth of Pennsylvania.
A tract or parcel of land, regardless of size, intended for
transfer of ownership, use, lease or improvements or for development,
regardless of how it is conveyed. "Lot" shall also mean parcel, plot,
site or any similar term.
The area contained within the property lines of a lot, excluding
space within all streets and within all permanent drainage easements,
but including the areas of all other easements.
A metal pipe or pin of at least 1/2 inches in diameter and
at least 24 inches in length.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit, or
in two 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 erections thereon of a single mobile home, which is leased by
the park owner to the occupants of the mobile home erected on the
lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
A stone or concrete monument with a flat top at least four
inches' diameter or square and at least 24 inches in length (preferred:
30 inches to 36 inches). Stone monument shall contain an indented
cross or one-fourth-inch drill hole. Concrete monuments shall contain
a copper or brass dowel (plug). It is recommended that the bottom
sides or radius be at least two inches greater than the top, to minimize
movements caused by frost.
Perkiomen Township, Montgomery County, Pennsylvania.
A body politic and corporate created pursuant to the Pennsylvania
Municipality Authorities Act of 1945, as from time to time amended,
and exercising the powers granted thereunder. (This definition provided
by the Municipality Authorities Act.)[3]
A duly registered professional engineer employed by the municipality
or engaged as a consultant thereto or his duly authorized representative.
The attorney appointed by the Township Supervisors or his
duly authorized representative.
The Comprehensive Development Plan and/or Official Map and/or
topographical survey and/or such other plans, or portions thereof,
as may have been adopted by the municipality pursuant to statute for
the area in which the subdivision or land development is located.
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, Federal Emergency Management
Agency, in the Flood Insurance Study, Perkiomen Township.
[Added 2-2-1982 by Ord. No. 83]
A tentative subdivision plan (and including all required
supplementary data), in lesser detail than a final plan, showing approximate
proposed street and lot layout as a basis for consideration prior
to preparation of a final plan prepared by a registered engineer,
surveyor, architect or landscape architect.
A complete and exact subdivision plan (and including all
required supplementary data), prepared for official recording as required
by statute, to define property rights and proposed streets and other
improvements prepared by a registered engineer, surveyor, architect
or landscape architect.
A final approved plan which contains the original endorsements
of the County Planning Commission and the municipality(ies) and which
is intended to be recorded with the County Recorder of Deeds and prepared
by a registered engineer, surveyor, architect or landscape architect.
[Amended 5-5-2015 by Ord.
No. 224]
The Planning Commission of Perkiomen Township, Montgomery
County, Pennsylvania.
A map or plan of a subdivision, whether preliminary or final.
Includes:
[Amended 5-5-2015 by Ord.
No. 224]
Notice published once a week for two successive weeks in
a newspaper of general circulation in the municipality. 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 be not more than 30 days or less than seven days from the date
of the hearing.[4]
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
[Added 2-2-1982 by Ord. No. 83]
A parcel of ground in separate ownership separating a street
from other adjacent properties or from another street.
A lot extending between and having frontage on two generally
parallel streets (excluding service streets), with vehicular access
solely from one street.
Whenever the County Planning Commission possesses such review
jurisdiction, the action of review shall not limit the appropriate
authorities of the municipality in their ultimate and final decisions.
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for other public or semipublic purposes.
See "cartway."
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a temporary central treatment
and disposal plant, generally serving a neighborhood area.
Any structure designed to biochemically treat sanitary sewage
within the boundaries of an individual lot.
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a central treatment and
disposal plant.
A covered watertight monolithic concrete settling tank in
which raw sewage is biochemically changed into solid, liquid and gaseous
states to facilitate further treatment and final disposal.
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is unobstructed by traffic. Sight distance measurements shall be made
from a point 4.5 feet above the center line of the road surface to
a point 0.5 feet above the center line of the road surface.
A field test conducted to determine the suitability of the
soil for on-site sanitary sewage disposal facilities by measuring
the absorptive capacity of the soil at a given location and depth.
Work on the proposed construction and/or development shall
begin within six months after the date of issuance of the building
permit or the permit shall expire unless a time extension is granted,
in writing, by the Code Enforcement Officer. Construction and/or development
shall be considered to have started with the preparation of land,
land clearing, grading, filling, excavation for basement, footings,
piers or foundations, erection of temporary forms, the installation
of piling under proposed subsurface footings, or the installation
of sewer, gas and water pipes, or electrical or other service lines
from the street. Time extension shall be granted only if a written
request is submitted by the applicant which sets forth sufficient
and reasonable cause for the Code Enforcement Officer to approve such
a request.
[Added 2-2-1982 by Ord. No. 83]
A strip of land, including the entire right-of-way (i.e.,
not limited to the cartway) to provide access to more than one lot.
The word "street" includes street, avenue, boulevard, road, highway,
freeway, parkway, lane, alley, viaduct and other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private. Streets are further classified according to the function
they perform.
MINOR STREETA street used primarily to provide access to abutting properties.
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating at the other end by a permanent vehicular turnaround.
HALF (PARTIAL) STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.
MARGINAL ACCESS STREETA minor street, parallel and adjacent to a major street (but separated from it by a reserve strip), which provides access to abutting properties and controls intersections with the major street.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route and gives access to community facilities and/or other collector and major streets. (Streets in industrial, multifamily and commercial subdivisions shall generally be considered collector streets.)
MAJOR STREETA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
INTERNAL STREETA minor street used for circulation and access within a development project involving multiresidential or commercial or industrial uses.
SERVICE STREETA public right-of-way providing secondary vehicular access to the side or rear of two or more properties.
Any materials or combinations of materials, which are constructed
or erected, the use of which requires location on the ground or attached
to something located on the ground.
See "developer."
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development; provided, however, that the division of land for
agricultural purposes into parcels of more than 10 acres, not involving
any new street or easement of access, shall be exempted. The term
"subdivision" shall refer, as appropriate in this chapter, to the
process of subdividing land or to the land proposed to be subdivided.
Any improvement, repair or reconstruction 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, before such 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:
[Added 2-2-1982 by Ord. No. 83]
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 the
National Register of Historic Places or a State Inventory of Historic
Places.
A licensed surveyor registered in the Commonwealth of Pennsylvania.
A system of open jointed or perforated pipes laid on the
upper strata of the soil to distribute sewage effluent into the soil
for absorption and evaporation.
A system for supplying and distributing water from a common
source to two or more dwellings and/or other buildings within a single
neighborhood.
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
A system for supplying and distributing water from a common
source to dwellings and other buildings, but generally not confined
to one neighborhood.
[3]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed June 19, 2001; see now provisions at 53 Pa.C.S.A. § 5601
et seq.
