Words used in the singular include the plural, and words in the plural include the singular. The word "person" indicates a corporation, an incorporated association and a partnership as well as an individual. The word "building" indicates "structure" and shall be construed as if followed by the words "or part thereof." The word "street" indicates "avenue," "highway," "road" and "lane," and "watercourse" includes "drain," "ditch" and "stream." The word "may" is permissive; the words "shall" and "will" are mandatory subject to the provisions of § 175-8 of these regulations.
Unless otherwise expressly stated, the following
terms shall have the meanings indicated:
A strip of land over which there is a right-of-way, municipally
or privately owned, on which no dwellings or stores front, serving
as the secondary means of access to two or more properties.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter and other
ordinances have been prepared; for purposes of this chapter, the one-hundred-year
flood, as referenced in the current Flood Insurance Study, East Norriton
Township, prepared by the Federal Insurance Administration, United
States Department of Housing and Urban Development.
The one-hundred-year flood elevation, as referenced in the
Flood Insurance Study, prepared by the Federal Insurance Administration,
United States Department of Housing and Urban Development.
An area usually bounded by streets or streets and natural
or man-made features.
The Board of Supervisors of East Norriton Township.
A person, who is not necessarily the owner of the land or
agent of the same, who, by contract or other agreement, is charged
with the responsibility of construction of buildings or other structures
or of making any construction improvements on any parcel of land.
The line which establishes the minimum depth of front yard
required by the particular zoning district as measured from the ultimate
right-of-way line, between which line and the ultimate right-of-way
line of the street on which the lot abuts a building may not be erected.
Diameter of a tree's trunk measured 12 inches above the ground.
The portion of a street or alley intended for vehicular use.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
A right-of-way for pedestrian travel across a block connecting
two of the bounding streets.
A street with access at one end and terminated at the other
end by a paved vehicular turnaround.
Final adjudication of any board or other body granted jurisdiction
under this chapter or other applicable law, either by reason of the
grant of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas of
Montgomery County.
Final action by an officer, body or agency charged
with the administration of this chapter or applications thereunder,
except the following:
The governing body;
The Zoning Hearing Board; or
The Planning Commission, only if and to the
extent that the Planning Commission is charged with final decision
on preliminary or final plans under the Subdivision and Land Development
Ordinance or planned residential development provisions, if any.
Determinations shall be appealable only to the
boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
or land development. Written evidence of authorization, satisfactory
in form to the Township Solicitor, shall be filed with the application
and plan when signed by an agent of the registered owner.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation or drilling operations.
A plan of land development.
The flow of water or liquid waste and the methods of directing
such flow, whether natural or artificial.
The line marking the outermost edges of the branches of a
tree, trees or woodlands.
A private street providing for vehicular and pedestrian access
between a public street and a parking area within a lot or property.
A right-of-way or other right granted for the use of private
land for certain public, quasi-public or private purposes.
The review stamp of the Montgomery County Planning Commission.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or
any other material is placed, pushed, dumped, pulled, transported
or moved to a new location above the natural surface of the ground
or on top of stripped surface, and shall include the conditions resulting
therefrom.
The difference in elevation between a point
on the original ground and a designated point of higher elevation
on the final grade.
The material used to make a fill.
A temporary condition of partial or complete inundation of
normally dry land areas.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Such measures are set forth
in floodproofing regulations published by the Office of the Chief
Engineers, United States Army, publication number EP 1165 2 314 (June
1972 and as subsequently amended). Floodproofing measures for all
new construction and substantial improvements of structures shall
satisfy the requirements of the Completely Dry Spaces (W1) and Essentially
Dry Spaces (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.
A slope of a street or other public way, specified in percent,
and shown on plans as specified herein.
Grading, paving, curbing, guttering, streetlights, street
signs, fire hydrants, water mains, gas mains, sanitary sewers, on-site
sewage disposal facilities, storm drains, inlets and appurtenances,
culverts, bridges, sidewalks, crosswalks, monuments, telephone and
electric lines, shade trees and all construction appurtenances incidental
thereto; also wells and parking areas.
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.
Certain land development shall be specifically
excluded from the definition of land development set forth hereinabove,
when such land development involves:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
The addition to any existing nonresidential
building, where the gross floor area of the addition, when combined
with the gross floor area of the existing building, does not exceed
1,500 square feet.
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 can exercise the rights of the landowner
or other person for a property.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, excluding any area
within any right-of-way, but including the area of any easements.
To reduce to the smallest amount possible. "Minimize" does
not mean eliminate but rather that the most substantial efforts possible
under the circumstances have been taken to reduce the adverse effect
of the action (such as grading, clearing, construction, etc.) to be
minimized.
The division of a single lot or parcel of land into two residential
lots, tracts or parcels of land, for the purpose, whether immediate
or future, of leasing or transfer of ownership or of building development,
provided that the proposed lots, tracts or parcels of land thereby
created have frontage on an improved public street or streets, and
provided, further, that there is not created by the subdivision any
new street or streets or the need for improvements or easements.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
The Official Map of current adoption showing the exact location
of the lines of existing and proposed public streets, including the
ultimate width of the corridor for such streets, watercourses and
public grounds for the whole of the municipality of East Norriton
Township, provided that proposed streets, watercourses or public grounds
shall not, in and of itself, constitute a taking or acceptance of
any land by East Norriton Township.
A flood that has one chance in 100, or a one-percent chance,
of being equaled or exceeded in any given year; for the purposes of
this chapter, the one-hundred-year flood (base flood) as defined by
the Federal Insurance Administration, United States Department of
Housing and Urban Development, in the Flood Insurance Study, East
Norriton Township. Within the approximated floodplain, the one-hundred-year-flood
elevation shall be established as a point on the boundary of the approximated
floodplain nearest to the construction site in question.
PLAN, IMPROVEMENT CONSTRUCTIONA plan prepared by a registered engineer, showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by these regulations, showing the horizontal details, profile and typical cross section to be constructed or installed.
PLAN, LAND DEVELOPMENTA tentative, preliminary or final plan, including written and graphic material, showing the provision for development of a subject tract when plans of subdivision would not be applicable.
PLAN, PRELIMINARYA plan prepared by a registered engineer or a registered surveyor, showing existing features of the land and proposed street and lot layout within and adjacent to a subdivision.
PLAN, RECORDA plan prepared for recording by a registered engineer or surveyor, showing the ultimate width of streets, the lot lines, easements and any other relevant information pertaining to the subdivision required by this chapter.
PLAN, TENTATIVEA rough draft showing proposed streets and lots related to topography, to be used as the basis for informal discussion between the representatives of the Planning Commission and subdivider, developer or builder.
The Planning Commission of the Township of East Norriton.
"Planting islands" shall be a minimum of nine feet by 18
feet in area, be underlain by soil and not base course material, be
mounded at no more than a four-to-one slope, contain plantings of
trees, shrubs and ground cover to cover the entire area and be protected
by curbs, wheel stops or bollards. (See Diagram 1.[1])
"Planting strips" shall be a minimum of eight feet wide and
run the length of the parking row, be underlain by soil and not base
course material, be mounded at no more than a four-to-one slope, contain
plantings of trees, shrubs and ground cover to cover the entire area,
and be protected by curbs, wheel stops or bollards. (See Diagrams
1 and 2.[2])
The map or plan of a subdivision or land development, whether
preliminary or final.
A formal meeting held pursuant to public notice by the Board
of Supervisors or the Planning Commission, intended to inform and
obtain public comment, prior to taking action in accordance with this
Subdivision and Land Development Ordinance and the Pennsylvania Municipalities
Planning Code (P.L. 805, No. 247, as amended).[3]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[4]
Notice published once each week for two successive weeks
in a newspaper of general circulation in East Norriton 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 second publication shall not be
less than seven days from the date of the hearing.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A parcel of land separating a street from adjacent properties.
A strip of land occupied or intended to be occupied by a
street, alley, crosswalk, sanitary or storm sewer, stream, drainage
ditch or for another special use. The usage of the term "right-of-way"
for land-plotting purposes in the Township of East Norriton shall
mean that every right-of-way established and shown on a final record
plan is to be separate and distinct from the lots or parcels adjoining
such right-of-way and not included within the dimensions or areas
of such lots or parcels. These rights-of-way that involve maintenance
by the Township of East Norriton shall be dedicated to public use
by the subdivider of the plan on which such rights-of-way are established.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
The surface water runoff that can be reasonably anticipated
upon maximum development of that area of the watershed located upstream
from the subject tract, as permitted by prevailing zoning.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
The distance of unobstructed view along the center line of
a street from the driver's sight height of five feet to the farthest
visible point four inches above the street surface.
Elements of a development whose visual or other impact requires
planting screens. "Site elements" include but are not limited to the
following: parking lots; dumpsters, trash or recycling areas; service
or loading docks; outdoor storage or sales yards; vehicle storage
or sales yards; single-family attached dwellings' rear yards; multifamily
(including high-rise) dwellings' rear yards; active recreation facilities;
fenced detention basins; and sewage treatment plants or pump stations.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
Chemical or mechanical treatment designed to increase or
maintain the stability of a mass of soil or otherwise to improve its
engineering properties.
A report entitled "Soil Survey of Montgomery County, Pennsylvania,"
published April 1967, by the Soil Conservation Service, United States
Department of Agriculture, which is available in the Township or through
the Extension Service, Agricultural Agent, the Pennsylvania State
University in Norristown, Pennsylvania.
Includes, street, avenue, boulevard, road, freeway, parkway,
lane, alley, viaduct and any other ways used or intended to be used
by vehicular traffic or pedestrians, whether public or private.
The dividing line between the street and the lot. The street
line shall be the same as a legal right-of-way, provided that:
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of 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.
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
of those improvements required as a condition for final approval have
been completed in accordance with the approved plan, so that the project
will be able to be used, occupied or operated for its intended uses.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
A grouping of three or more trees each at least 1 1/2
inches in caliper, within a one-hundred-square-foot area.
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."
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
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 of the Township adopted by the Board as part of the
Official Map of the Township.
The line parallel to the center line of any public street
which defines the boundary of the ultimate right-of-way as defined
above.
A stream of water, river, brook, creek or a channel or ditch
for water, whether natural or man-made.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within a municipality.
A continuous stand of mixed age trees, shrubs and ground
cover, covering at least 1/4 acre, consisting of at least 50% mature
trees at least six inches in caliper.
