A.
No lot, tract or parcel of land will be subdivided, and no land will be developed, and no street, alley, sanitary sewer, storm sewer, water main or concomitant facility will be laid out, constructed, opened or dedicated for public use or travel, or for the use of occupants of buildings abutting or to abut on them, except according to the provisions of this chapter and Chapter 200, Zoning, as amended.
B.
No lot in a subdivision may be sold, no permit to build, alter or repair any building on land in a subdivision or land development may be issued, and no building may be erected in a subdivision or land development until a final subdivision or land development plan has been approved and recorded, and until either all required improvements have been completed or their completion has been assured by a completion bond or the deposit in escrow of funds or securities sufficient to cover the cost of the required improvements as estimated by the Township Engineer, or as required by the Board of Supervisors (refer to Article VI).
C.
The scope of this chapter shall include all matters over
which the Township, by law, is authorized to exercise control by enactment
and enforcement of this chapter, including but not necessarily limited to:
(1)
All improvements within the tract undergoing subdivision
or land development;
(2)
The improvement of adjacent public facilities, including
streets and drainage facilities which border upon the tract; and
(3)
The installation, improvement or modification of off-site
improvements needed to adequately serve the subdivision or land development.
Unless expressly stated otherwise, the words and phrases within quotation
marks in this section will be construed throughout this chapter as having
the meanings indicated herein. The singular will always include the plural
and the plural the singular. Any sentence in the past or present tense will
be construed to apply also in the future tense. The words "person," "applicant,"
"subdivider" and "owner" will include any corporation, unincorporated association,
partnership or other legal entity as well as any individual. The word "building"
will include the word "structure." The word "watercourse" will include channel,
creek, ditch, dry run, spring, stream and river. The words "shall" and "will"
are always mandatory.
In this chapter, except where context clearly indicates otherwise, the
following words and phrases have the meanings indicated:
A public or private right-of-way providing secondary vehicular access
to the side or rear of a lot or lots. Alleys are prohibited in residential
zoning districts.
A landowner or developer or his authorized agent, including his heirs,
successors and assigns, as hereinafter defined, who has filed an application
for subdivision or land development.
Every application, whether preliminary or final, which is required
to be filed and approved prior to start of construction or development, including
but not limited to an application for a building permit, for the approval
of a subdivision plan or for the approval of a development plan.
An area of land bounded by streets, roads or other types of right-of-way.
Unless specifically designated to the contrary, the term "Board"
shall mean the Board of Supervisors of Skippack Township.
A continuous pervious planting area consisting of trees, shrubs,
grass or groundcover used to integrate new development with its surroundings
or to separate incompatible land uses.
[Added 9-23-1998 by Ord. No. 229]
Any structure or part thereof for which a building permit is required by Chapter 200, Zoning.
An established line within a property defining the minimum required
distance between any structure to be erected and the ultimate adjacent right-of-way,
or street line.
Caliper of the trunk shall be taken six inches above the ground up
to and including four-inch caliper size, and 12 inches above the ground for
larger sizes. The caliper of trees is a measurement standard relating to the
grading of nursery stock.
[Added 9-23-1998 by Ord. No. 229]
The paved surface of a street available for vehicular traffic.
An area of unobstructed vision at a street intersection, defined
by lines of sight between points at a given distance from the intersection
of the street center lines.
Unless specifically designated to the contrary, the term "Commission"
shall mean the Skippack Township Planning Commission.
A parcel or parcels consisting of landscaped or natural terrain including
lakes and streams and may include such buildings as are necessary to fulfill
its permitted functions, but the area of common open space shall not include
street rights-of-way or yard areas or off-street parking areas required for
residential or other uses permitted by this chapter.
The official Comprehensive Plan of the Township consisting of maps,
charts and textual matter, that constitutes a policy guide to decisions regarding
the physical and social development of Skippack Township.
An area especially subject to erosion, sedimentation or flooding,
such as areas not covered with vegetation due to grading, cutting or filling,
areas containing exposed subsoils or mixtures of soil horizons, and areas
of excessively long slopes or steep grades.
A street with access at one end and terminated at the other by a
paved vehicular turnaround.
Diameter at breast height; a measure of trunk diameter in inches,
taken at 41/2 feet above the ground. The measured section of the trunk should
be unbranched and is typically representative of the age of the tree species.
[Added 9-23-1998 by Ord. No. 229]
The instrument by which the owner of property submits the property
to the provisions of the Act of 1963, July 3, P.L. 196, Article 1, Section
101 et seq. (Unit Property Act),[2] and all amendments thereto, for the purpose of effecting condominium
ownership.
A survey of the property to be submitted to the provisions of P.L.
196, July 1963 (Unit Property Act),[3] which shall bear the verified statement of a registered professional
engineer certifying that the Declaration Plan fully and accurately:
Any landowner, agent of such landowner, or tenant with the permission
of such landowner, who makes or causes to be made a subdivision or land development.
A private vehicular and pedestrian access between a public street
and a parking area within a lot or property. Common driveways shall not serve
more than two single-family detached dwellings.
A right-of-way granted, but not dedicated, to use private land for
a specified public, quasi-public or private purpose, within which the owner
shall erect no permanent structures but may use the land in any other way
that is not inconsistent with the grantee's rights.
A licensed professional engineer registered by the Commonwealth of
Pennsylvania.
Movement of soil by action of wind and/or water.
Any act by which earth, sand, gravel, rock or any other similar material
is dug into, cut, quarried, uncovered, removed, displaced, relocated or moved,
and shall include the conditions resulting therefrom.
The percentage of land area covered by any and all impervious materials,
such as buildings, paved parking areas, paved walks, terraces and similar
surfaces which do not normally absorb rainfall.
Grading, paving, curbing, streetlights and signs, fire hydrants,
wells, water mains, sanitary sewers, sidewalks, parking areas, crosswalks,
street trees, buffers, screens and other required landscaping, monuments,
recreation areas, storm drains and other storm runoff control structures,
bridges, culverts, erosion and sediment control measures, and other items
required by this chapter.
[Amended 9-23-1998 by Ord. No. 229]
The improvement of one lot or two or more contiguous tracts or parcels
of land for any purpose involving:
A single building or improvement on a single lot;
A group of two or more buildings; or
The division or allocation of land or space 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 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
chapter.
A tract or parcel of land intended for separate use, building development
or transfer of ownership. A lot is also a parcel of land separately described
by metes and bounds, the description of which is recorded in the office of
the Recorder of Deeds of Montgomery County by deed description or is described
by an approved subdivision plan recorded in the office of the Recorder of
Deeds of Montgomery County.
The area of land included within the metes and bounds of a lot, excluding
that area within such metes and bounds which is set aside as right-of-way
for a public street.
A corner lot is one bounded on at least two sides by streets or rights-if-way.
Both yards adjacent to streets shall be considered front yards. One remaining
yard shall be a side yard and one yard shall be a rear yard.
The ratio of the total ground floor area of all buildings on a lot
to the area of the lot on which they are located.
A lot which has less than the required lot width at the street line. Interior lots are permitted in R-1 and R-2 Residential Districts, shall contain a lot area of not less than 60,000 square feet, exclusive of the access strip, and are subject to the provisions of this chapter and Chapter 200, Zonine, as amended. Interior lots shall meet the design standards of § 169-31.
[Added 2-10-1988 by Ord. No. 138]
The front lot line is the line separating the lot from the street right-of-way (refer also to Chapter 200, Zoning, definition for Lot Line, Front).
The rear lot line is any line, except the front lot line, which is
parallel to, or within 45° of being parallel to the front lot line, and
does not intersect any street line.
A side lot line is any lot line which is not a front lot line or
a rear lot line and is generally perpendicular to the street line.
Lot width is the horizontal distance between side lot lines measured
at right angles to the lot depth and located at the building setback line.
A metal pipe or pin at least 1/2 inch diameter, and at least 24 inches
in length.
Any tree of 12 inches or more in dbh, whether standing alone, in
tree masses, or in woodlands. A mature tree shall be a healthy specimen and
shall be a desirable species, as determined by the Township Landscape Advisor
or person designated as such.
[Added 9-23-1998 by Ord. No. 229]
A stone or concrete monument with a flat top at least 4 inches square
and at least 30 inches in length.
Off-site sewer service is the disposal of sewage by use of a sanitary
sewer system served by a central sewage treatment plant approved by the Pennsylvania
Department of Environmental Resources.
Off-site water service is a safe, adequate and healthful supply of
water to more than one user from a common source approved by the Pennsylvania
Department of Environmental Resources (DER).
On-site sewer service is the disposal of sewage by use of septic
tanks, or other safe and healthful means within the confines of the lot on
which the use is located as approved by DER.
On-site water service is a safe, adequate and healthful supply of
water to a single user from a private well or approved spring.
As-built. A corrected final plan, showing dimensions and locations of
all streets and other improvements as actually constructed.
Final and record plan. A complete and exact land development or subdivision
plan prepared by a registered engineer, defining property lines, proposed
streets, drainage facilities, easements and other improvements, and which
is to be recorded upon approval, as a Record Plan.
Improvement construction. A plan prepared by a registered engineer showing
the construction details of streets, drains, sewers, bridges, culverts and
other improvements as required by these regulations, and shall include a horizontal
plan, profiles and cross-sections.
Preliminary. A land development or subdivision plan prepared by a registered
engineer, or licensed surveyor, in lesser detail than a final plan showing
approximate property lines, proposed streets, drainage facilities, easements
and other improvements, for consideration prior to preparation of a final
plan.
Profile. A plan prepared by a registered engineer or surveyor showing
the vertical section of the existing grade and proposed grade along the center
line of any proposed street, and any street appurtenances to be constructed
or installed, which must include a typical cross-section of the street construction;
part of the required submission for an Improvement Construction Plan.
Sketch. A plan which may be submitted for review and discussion prior
to application for preliminary plan approval, to approximate scale, indicating
the location of stream channels, tree masses and other natural features, and
a general layout of the proposed subdivision or land development. A sketch
plan is not required and constitutes a voluntary submission which is not subject
to Act 247 time requirements for approval.
The Skippack Township Planning Commission.
A map or plan, preliminary or final, of a subdivision or land development.
All sewers and sewage treatment systems operated for, by or on behalf
of the Skippack Township Municipal Authority and under the jurisdiction of
the Authority.
A lot extending between and having frontage on two generally parallel
streets, with vehicular access only from one street, generally that having
the least traffic flow.
A parcel of land separating a street from adjacent properties.
The total width of any land reserved or dedicated as a street, alley
or crosswalk or for any other public purpose.
Fencing, walls, berms or densely planted vegetation used to visually
shield or block noise, lights or other nuisances of one use or property from
another.
[Added 9-23-1998 by Ord. No. 229]
The length of roadway that must be visible to the driver of a passenger
vehicle at any point on the roadway when the view is not obstructed by traffic.
It will be measured between points 4.5 feet and 0.5 feet above the center
line of road surface.
A field test that measures absorptive capacity of soil, conducted
according to the requirements of the Pennsylvania Department of Environmental
Resources, to determine whether the soil is suitable for on-site sewage disposal
facilities.
A public (dedicated) or private (undedicated) right-of-way, intended
for use as a means of vehicular and pedestrian circulation to provide access
to more than one lot. The word "street" includes thoroughfare, avenue, boulevard,
court, drive, expressway, highway, lane, alley, service street, marginal access
street and road or similar terms. The following categories of streets are
defined as:
RURALA street used primarily as the principal means of access to adjacent agricultural properties.
RESIDENTIALA street used primarily as the principal means of access to adjacent residential properties.
SECONDARYA street connecting local residential streets to each other, or community facilities and to the primary or major thoroughfares; serving only neighborhood traffic.
MAJORA street connecting district centers or communities, serving large volumes of fast-moving through traffic, preferably located outside or bounding residential neighborhood.
The center line of a street is a line which is an equal distance
from both street lines.
A street line is the ultimate right-of-way of a street.
Any man-made object having an ascertainable stationary location on
or in land or water, whether or not affixed to the land. Any form or arrangement
of building materials involving the necessity of providing proper support,
bracing, tying, anchoring or other protection against the forces of the elements.
The division of a single lot, tract or parcel of land into two or more lots, tracts or parcels of land, including changes in street lines or lot lines, or the division of space into two or more units of space, for the purpose, whether immediate or future, of transfer of ownership or of a building development. Divisions of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted. Any subdivision of land for mortgage purposes shall comply with all of the requirements of this chapter and Chapter 200, Zoning (refer also to § 169-7 herein).
A low-lying stretch of land which gathers or carries surface water
runoff.
The Township of Skippack, Montgomery County, Pennsylvania.
One or more lots assembled for the purpose of development.
A grouping of three or more trees, each at least two inches in dbh,
within a one-hundred-square-foot area.
[Added 9-23-1998 by Ord. No. 229]
The expected future right-of-way width computed from the center line
of an established right-of-way, as shown on the Ultimate Right-of-Way Map
for Skippack Township adopted by the Township Board of Supervisors as a part
of the official map of Skippack Township.
A permanent stream, intermittent stream, river, brook, creek or a
channel or ditch for water, whether natural or man-made.
A stand of predominantly native vegetation covering at least one
acre, consisting of at least 50% cover of mature trees of varying ages or
sizes.
[Added 9-23-1998 by Ord. No. 229]
A yard is that portion of a lot which is unoccupied and open to the
sky and extends from the lot line to the building.
A yard extending the full width of the front lot line and extending
in depth from such lot line to the nearest point of any building on the lot.
A yard extending the full width of the lot along the rear lot line
and extending in depth from the rear lot line to the nearest point of any
building on the lot.
A yard extending the full depth of the lot along a side lot line
and extending in width from such side lot line to the nearest point of any
building on the lot.
The Zoning Hearing Board of Skippack Township.
Chapter 200, Zoning, of Skippack Township, as amended.
[1]
Editor's Note: Said Act was repealed 1980, July 2, P.L. 286,
No. 82, § 2. See now the Uniform Condominium Act, 68 Pa.C.S.A. 3101
et seq.
[2]
Editor's Note: Said Act was repealed 1980, July 2, P.L. 286,
No. 82, § 2. See now the Uniform Condominium Act, 68 Pa.C.S.A. 3101
et seq.
[3]
Editor's Note: Said Act was repealed 1980, July 2, P.L. 286,
No. 82, § 2. See now the Uniform Condominium Act, 68 Pa.C.S.A. 3101
et seq.
