Words used in the singular include the plural,
and words in the plural include the singular; words in the feminine
gender include the masculine. The word "person" includes natural persons,
corporations, associations and partnerships. The word "building" includes
the word "structure," and both shall always be construed as if followed
by the words "or part thereof." The word "occupied" includes the words
"designed or intended to be occupied." The word "used" includes the
words "arranged, designed or intended to be used." The word "may"
is permissive, and the words "shall" and "will" are always mandatory.
[Amended 6-26-1978 by Ord. No. 204]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated:
A 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 100-year flood (base flood) as defined by the Federal
Emergency Management Agency (FEMA), in the Flood Insurance Study and
Flood Insurance Rate Map (FIRM), Upper Providence Township. All references
to the Flood Insurance Study in this chapter shall be construed to
be to the most current version of said study. In addition, all references
to the "Federal Insurance Administrator" or the "Federal Insurance
and Mitigation Administration" shall be construed to be references
to FEMA.
[Amended 12-2-1996 by Ord. No. 356]
That which conforms to accepted principles, tests or standards
of nationally recognized technical or scientific authorities.
A right-of-way on which no structures front, serving as the
secondary means of access to two or more properties.
As applied to a building, any change or rearrangement in
the structural parts or in the exit facilities or any enlargement,
whether by extension on any side or by any increase in height or the
moving from one location or position to another.
The fastening of a mobile home to its home stand in order
to prevent upset or damage due to wind, erosion, flooding or other
natural forces.
[Added 12-10-1979 by Ord. No. 210]
A landowner or developer, as hereinafter defined, who has
filed an application for approval of a development plan, including
his heirs, successors and assigns.
Applications required to be filed and approved prior to the
start of subdivision or development.
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
prepared; for purposes of this chapter, the 100-year flood, as referenced
in the current Upper Providence Township Flood Insurance Study and
Flood Insurance Rate Map (FIRM), prepared by the Federal Emergency
Management Agency (FEMA).
[Amended 12-2-1996 by Ord. No. 356]
The 100-year flood elevation, as referenced in the Upper Providence Township Flood Insurance Study and Flood Insurance Rate Map (FIRM), prepared by the Federal Emergency Management Agency (FEMA). Within the general floodplain area (FA) as delineated in the Flood Insurance Study or other delineated floodplain outside of the Flood Insurance Study, the base flood elevation shall be established as defined in § 300-103 of Chapter 300, Zoning. Whenever the phrase "established flood level or regulatory flood elevation (where available)" is contained in this chapter, it shall be construed to mean the "base flood elevation."
[Amended 12-2-1996 by Ord. No. 356]
A linear mound or bank of earth, used especially as a barrier
or to provide insulation.
[Added 12-16-2013 by Ord. No. 535]
An area bounded by streets, public parks, railroad rights-of-way,
watercourses, boundary lines of the municipality or unsubdivided land
or by any combination of the above.
The Board of Supervisors of Upper Providence Township, Montgomery
County, Pennsylvania.
[Amended 12-10-1979 by Ord. No. 210]
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, buffers may be included as part
of the required setbacks and yard areas. Buffers are divided into
three types:
SCREEN BUFFERA buffer comprised
of natural and/or man-made material arranged in a certain specified
depth, height and density to effectively block the view from one side
to another during all seasons of the year and to reduce the transmittal
of noise and odors between the sides.
SOFTENING BUFFERA buffer comprised
of natural and/or man-made material arranged in a certain specified
depth, height and density to ease and soften, but not essentially
block, the view from one side to another and to reduce the transmittal
of noise and odors between the sides.
OPEN BUFFERA buffer normally comprised
of grass, ground cover and/or possibly other landscaping material
having a specified depth, but not necessarily having significant vertical
components to achieve a certain height or density, the purpose of
which is to achieve adequate spacing and attractive landscaping between
two or more actively used areas.
A person who is charged with the responsibility of the construction
of buildings or other structures or of making any construction improvements
on any parcel of land.
A combination of materials to form a permanent structure
having walls and a roof, including mobile homes and trailers, designed,
intended or arranged for the housing, sheltering, enclosure or structural
support of persons, animals or property of any kind.
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot, including sun parlors, foyers, porches
and breezeways, but excluding projecting eaves, gutters, awnings,
steps, unenclosed porches and structured parking garages.
[Amended 3-15-2021 by Ord. No. 588]
The line within a property defining the required distance, as set forth in Chapter 300, Zoning, between any structure to be erected and the adjacent street (ultimate right-of-way) line. Such line shall be measured at right angles from the street right-of-way line which abuts the property upon which said structure is located.[1]
[Amended 12-16-1991 by Ord. No. 307]
Diameter of a tree's trunk measured at 12 inches above the
ground for trees with a diameter of four inches or more and at six
inches above the ground for trees with a diameter of less than four
inches.
[Added 9-21-1998 by Ord. No. 376]
The portion of a street or alley intended for vehicular use.
Water supply systems, either publicly or privately owned,
that serve the public, meaning service is not restricted by the type
of user or land use.[2]
A parcel or parcels of land or a combination of land and
water within a development site, 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.
"Common open space" shall be substantially free of structures but
may contain such improvements as are in the development plan as finally
approved and as appropriate for the recreation of residents.
[Amended 12-10-1979 by Ord. No. 210]
Any parking area used by three or more dwelling units and
having space for six or more motor vehicles.
[Amended 12-10-1979 by Ord. No. 210]
The Upper Providence Township Comprehensive Plan, consisting
of maps, charts and textual matter, as well as any revisions thereto.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
A minor commercial facility generally containing no more
than five units and occupying no more than three acres, designed to
serve everyday needs of residents in its immediate vicinity and whose
commercial goods and hours of operation encourage short stops for
specific items rather than extensive shopping trips. Its primary component
is a drugstore or a small food and household goods store, but not
a supermarket, and the center may contain a few other establishments
as well, such as a beauty shop, laundry and dry-cleaning establishment
or similar facilities.
[Amended 12-10-1979 by Ord. No. 210]
A right-of-way for pedestrian use across a block, connecting
two of the bounding roads.
A street with access at one end from a through street and
terminated at the other end by a paved vehicular turnaround.
[Amended 1-15-1990 by Ord. No. 296]
An excavation; the difference between a point on the original
ground and a designated point of lower elevation of the final grade;
also, the material removed in an excavation.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a development
plan.
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, the storage of equipment and materials, excavation
or drilling operations.
[Amended 12-2-1996 by Ord. No. 356]
The provisions for guiding development, including a plan
of subdivision, all covenants relating to use, the location and bulk
of buildings and other structures, the intensity of use or density
of development, streets and parking facilities. The phrase "provisions
of the development plan" shall mean the written and graphic materials
referred to in this definition.
The perimeter line on the ground measured from the outermost
edge of the vertical plane established by the branches of the tree.
[Added 8-7-1995 by Ord. No. 344]
A private drive providing for vehicular and pedestrian access
between a public street and a parking area, and/ or a private drive
which is located entirely within a single lot, or within the boundaries
of multiple lots that are developed under single direction with multifamily
and/or nonresidential uses.
[Amended 3-15-2021 by Ord. No. 588]
A building designed and constructed for residential purposes,
in which people live.
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with cooking, living,
sanitary and sleeping facilities.
An elongated and shaped mound of earth used in conjunction
with landscaping, for the purpose of visual screening and/or physical
separation.
[Added 8-7-1995 by Ord. No. 344]
The legal right or privilege of a person, persons or entity
to use the land of another person, persons or entity for a special
purpose consistent with the rights of the underlying property owner.
[Amended 10-1-2007 by Ord. No. 476]
An easement inuring to the benefit of Upper Providence Township,
the Upper Providence Township Municipal Authority, the County of Montgomery,
the Commonwealth of Pennsylvania, the United States of America, any
departments, agencies, instrumentalities and authorities created thereby,
and public utilities such as, but not limited to, sanitary sewer,
public water, cable, gas, electric, telephone.
[Added 10-1-2007 by Ord. No. 476]
The application of the reviewing and/or approving authority's
stamp and the signatures of the appropriate authority on the record
plan.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A theoretical rights-of-way dimension calculated from the
center line of designed private roads, the width of which corresponds
to that of public roads performing the same function.
[Amended 12-10-1979 by Ord. No. 210]
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated or bulldozed, as well as
the conditions resulting therefrom.
Any act by which natural materials are placed, pushed, dumped,
pulled, transported or moved to a new location above the natural surface
of the ground or on top of the stripped surface as well as the conditions
resulting therefrom.
A temporary condition of partial or complete inundation of
a normally dry land area(s).
See "flood-prone area."
That area defined in the Floodplain Conservation District of Chapter 300, Zoning; 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 reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities and structures and their contents. Such measures are set forth in floodproofing regulations published by the Office of the Chief Engineer, United States Army Corps of Engineers, 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. Regulations for floodproofing are contained in Chapter 300, Zoning, Article V, Floodplain Conservation District.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A slope of a street or parcel of land specified in percent
and shown on plans as specified herein.
The total area included within the exterior walls of a building,
exclusive of open courts.
Natural mulch or nondeciduous or low-growing plants installed
or planted in such a manner as to provide a continuous cover over
the ground.
The "height" of a building shall be measured from the mean
level of the ground surrounding the building to a point midway between
the highest and the lowest points of the roof, provided that chimneys,
spires, towers, elevator penthouses, tanks and similar projections
shall not be included in calculating the "height."
A device which is part of the frame or attaches to the frame
of a mobile home and connects it to a power source for the purpose
of transporting the unit.
[Amended 12-10-1979 by Ord. No. 210]
Grading, paving, curbing, streetlights and signs, fire hydrants,
wells, water mains, sanitary sewers, storm drains, sidewalks, parking
areas or landscaping.
Any of the following activities:
[Amended 1-15-1990 by Ord. No. 296]
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.[3]
The legal or beneficial owner or owners of land or a building
thereon or a portion of either, 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 chapter.
A tract or parcel of land intended for separate use, building
development or transfer of ownership. Contiguous nonconforming lots
under common ownership shall be considered one "lot" or parcel.
[Amended 1-15-1990 by Ord. No. 296]
The area contained within the property lines of the individual
parcels of land, excluding any area within any public or ultimate
rights-of-way and any area within driveway entrance strips leading
to rear lots, but including the area of any easement.
[Amended 9-20-1982 by Ord. No. 232; 1-15-1990 by Ord. No.
296]
A single-family detached dwelling unit intended for permanent
occupancy which meets the standards set by the United States Department
of Housing and Urban Development, 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 with
or without a permanent foundation, including any roofed additions
such as extra rooms, covered patios, porches, etc. The term includes
park trailers, travel trailers, recreational and similar vehicles
which are placed on a site for more than 180 days. Any reference throughout
this chapter to "mobile home" shall be construed to mean "manufactured
home."
A parcel of land in a mobile home development provided with
the necessary utility connections, a patio and other appurtenances
necessary for the erection thereon of a single mobile home, and the
exclusive use of its occupants, though it may instead be designed,
developed and used for a modular or conventionally built single-family
detached home rather than a mobile home.
[Amended 12-10-1979 by Ord. No. 210]
A parcel of land under single ownership which has been planned
and improved in compliance with the requirements of the Mobile Home
Development District[6] for the placement of mobile homes, conventionally built
or modular single-family detached homes or combinations thereof, for
nontransient use, consisting of two or more mobile home lots and 15
acres or greater in size. Any reference to "mobile home development"
throughout this chapter shall be construed to mean "mobile home park."
[Added 10-17-1994 by Ord. No. 330]
That part of an individual lot which has been reserved and
prepared for the placement of the mobile home.
[Amended 12-10-1979 by Ord. No. 210]
On-site well(s) for use by a landowner.
The map of current adoption showing the rights-of-way and
approximate location of the lines of existing and proposed public
streets for the whole of Upper Providence Township.
An open or covered area with a dust-free all-weather surface,
or space in a private garage or other structure, for the storage of
one automobile, accessible from a public way and which must conform
to the setback requirements of the district in which it is situated.
[Amended 12-10-1979 by Ord. No. 210; 1-15-1990 by Ord. No.
296]
A plan showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by this chapter showing the details required by Article III of this chapter.
A tentative, preliminary or final plan, including written
and graphic material showing the provision for development of a tract,
when plans of subdivision would not be applicable.
A plan prepared for discussion with the Planning Commission and Board of Supervisors, showing the proposed street and lot layout, the deed restrictions, easements and all other items required under Article III of this chapter for the entire parcel of land being subdivided.
A plan prepared for recording showing the ultimate width of streets, the lot lines, easements and all other items required under Article III of this chapter.
A draft showing the proposed streets, driveways, lots or
buildings related to topography that is to be used as the basis for
informal discussion between the representatives of the Planning Commission
and the subdivider, developer or builder.
[Amended 3-15-2021 by Ord. No. 588]
Any area designated for landscaping purposes.
A 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, or as otherwise
provided by the Municipalities Planning Code, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
[Added 12-2-1996 by Ord. No. 356]
A parcel of land separating a street from adjacent properties.
A lot with frontage on more than one street, with driveway
access on the street of lower classification as defined on the Township
Ultimate Right-of-Way Map.
[Added 8-7-1995 by Ord. No. 344]
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 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 or the Township
Comprehensive Plan.
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."
Consists of all pipes, fittings and appurtenances from the
drain outlet of the mobile home to the inlet of the corresponding
sewer riser pipe.
[Amended 12-10-1979 by Ord. No. 210]
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home space.
[Amended 12-10-1979 by Ord. No. 210]
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 sight height to the farthest visible point
four inches above the street surface.
The area of a triangle whose legs are the sides of the cartway
and an accessway which intersects with it, each being not less than
50 feet long from the point of intersection and whose hypotenuse connects
the two legs.
Panels specifically designed for the purpose of screening
the underside of a mobile home by forming an extension of the vertical
exterior walls of the mobile home and covering the entire distance
between the bottom of the exterior walls and the ground elevation
below.
[Amended 12-10-1979 by Ord. No. 210]
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.
The chemical or structural treatment of a mass of soil to
increase or maintain its stability or otherwise improve its engineering
properties.
A report entitled "Soil Survey of Montgomery County, Pennsylvania,"
published April 1967, by the Natural Resources 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.
A right-of-way, publicly or privately owned, which is not
a driveway and which serves primarily as a means of vehicular and
pedestrian travel and furnishing access to abutting properties, and
which may also be used to provide space for sewers, public utilities,
shade trees, bike lanes, trails, and sidewalks. The term "street"
includes the words "road," "roadway," "highway," "thoroughfare," "alley,"
and "way."
[Amended 3-15-2021 by Ord. No. 588]
A street of less than the required right-of-way and cartway
width.
The dividing line between a lot and the right-of-way of a
street legally open or officially recorded by the Township.
A street parallel and adjacent to a primary street, providing
access to abutting properties by a cartway separated from the primary
street by a reserve strip.
A street carrying heavy traffic volumes of fast-moving traffic.
A street used primarily as the principal means of access
to local properties and which carries a small volume of traffic.
A street along which at least 75% of all road frontage consists
of lots of more than two acres, with minimum lot widths of 200 feet.
A street connecting local residential streets to primary
streets and which carries a lesser volume of traffic.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, factories,
sheds, cabins, mobile homes and other similar items.
A ramp or elevator access, open air structure specifically
designed to accommodate vehicle parking.
[Added 3-15-2021 by Ord. No. 588]
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 an heir or devisee or 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 streets or easement of access or any residential
dwelling, shall be exempted.
[Amended 1-15-1990 by Ord. No. 296]
A simplified plan for subdivision meeting the requirements
specified in § 270-30G herein.
[Added 7-7-1997 by Ord. No. 364]
Where, in the judgment of the engineer, at least 90% based on the cost of the required improvements for which financial security was posted pursuant to Article V 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.
[Added 4-2-1984 by Ord. No. 243]
A low-lying stretch of land which gathers or carries surface
water runoff.
The form of occupancy of a unit, i.e., fee-simple sale, rental,
condominium, cooperative, etc.
[Amended 12-10-1979 by Ord. No. 210]
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. "Topsoil" is usually found in the uppermost soil layer called
the "A Horizon."
The total acreage within the property lines, excluding that
area continuously covered by water and the rights-of-way of existing
public roads and overhead utility lines without regard to any internal
lot lines.
[Amended 12-10-1979 by Ord. No. 210]
Any woody plant with a well-defined stem at least four inches
in caliper measured at a height six inches above the natural grade.
A grouping of three or more trees, each at least 1 1/2
inches in caliper, within a 100 square foot area.
[Added 9-21-1998 by Ord. No. 376]
Any shade tree greater than 24 inches in diameter, measured
4 1/2 feet above grade; or any evergreen or ornamental tree greater
than 12 inches in diameter above grade.
[Added 9-21-1998 by Ord. No. 376]
The expected future right-of-way width computed from the
center line of an established right-of-way, as shown on the Official
Street Map of Upper Providence Township.
The line parallel to the center line of any public street
which defines the boundary of the ultimate right-of-way.
Any area of land that is given to one category of land use
and is used to compute the net density of that use.
Any paved ground-surface area, except a street, used by any
type of vehicle whether moving or at rest.
Consists of all pipes, fittings and appurtenances from the
water riser pipe to the water inlet pipe of the distribution system
within the mobile home.
[Amended 12-10-1979 by Ord. No. 210]
A permanent stream, intermittent stream, river, brook, creek
or a channel or ditch for water, whether natural or man-made.
That portion of the water service pipe which extends vertically
to the ground elevation and terminates at a designated point at each
mobile home lot.
[Amended 12-10-1979 by Ord. No. 210]
An open, unoccupied space on the same lot with a building
or buildings or use, open and unobstructed from the ground to the
sky, except for vegetation.
[2]
Editor's Note: The definitions of "Code of
Regulations" and "common elements," as amended, which originally followed
this section, and the definitions of "condominiums," "Council," "declaration,"
"declaration plan," "declaration of revocation" and "plan," which
appeared later in this section, were repealed 9-17-1990 by Ord. No.
301. For current provisions, see the Uniform Condominium Act, 68 Pa.C.S.A.
§ 3101 et seq.
[3]
Editor's Note: See 53 P.S. § 10503(1.1).
[4]
Editor's Note: This ordinance provided for
the replacement of the former definition of "mobile home" with the
definition of "manufactured home."
[5]
Editor's Note: See now the definition of "mobile
home park."
