A.Â
Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings indicated:
(1)Â
Words in the singular include the plural, and those
in the plural include the singular.
(2)Â
Words in the present tense include the future tense.
(3)Â
The words "person," "developer," "subdivider" and
"owner" include a corporation, unincorporated association, a partnership
or other legal entity, as well as an individual.
(4)Â
The word "building" includes "structure" and shall
be construed as if followed by the phrase "or part thereof."
(5)Â
The words "should" and "may" are permissive; the words
"shall" and "will" are mandatory and directive.
(6)Â
The word "Township" means Upper Gwynedd Township,
Montgomery County, Pennsylvania.
(7)Â
The term "Commissioners" means the Board of Commissioners
of Upper Gwynedd Township.
(8)Â
The term "Planning Commission" means the Planning
Commission of Upper Gwynedd Township.
(9)Â
The term "Board" means the Zoning Hearing Board of
Upper Gwynedd Township.
B.Â
APPLICANT
BLOCK
BUFFER
(1)Â
(2)Â
(3)Â
BUILDING, ACCESSORY
BUILDING, PRINCIPAL
BUILDING SETBACK LINE
CARTWAY (ROADWAY)
CLEAR SIGHT TRIANGLE
CODES ADMINISTRATOR
COMMON OPEN SPACE
COMPREHENSIVE PLAN
CUT
DESIGNATED TOWNSHIP OFFICIAL
DEVELOPER
DOUBLE OR REVERSE FRONTAGE LOT
DRIVEWAY
DWELLING UNIT
EASEMENT
ENGINEER
ENGINEER, TOWNSHIP
EROSION
EXCAVATION
FILL
FLOOD, BASE
FLOOD, BASE ELEVATION
FLOODPLAIN
HEALTH AUTHORITY
IMPROVEMENTS
INTERIOR LOT (ALSO KNOWN AS "REAR OR FLAG LOT")
LAND DEVELOPMENT
(1)Â
(a)Â
(b)Â
(2)Â
(3)Â
LANDOWNER
LOT
LOT AREA
MAINTENANCE GUARANTY
MARKER
MOBILE HOME
MOBILE HOME ANCHOR
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME RECREATIONAL OR SERVICE BUILDING
MOBILE HOME SEWER CONNECTION
MOBILE HOME SEWER RISER PIPE
MOBILE HOME STAND
MOBILE HOME WATER CONNECTION
MOBILE HOME WATER RISER PIPE
MONUMENT
OFFICIAL MAP
PERFORMANCE GUARANTY
PLAN
PLAN, FINAL
PLAN, IMPROVEMENT CONSTRUCTION
PLAN, LAND DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
PLANNING COMMISSION, COUNTY
PLANNING COMMISSION, TOWNSHIP
PLAN, PRELIMINARY
PLAN, RECORD
PLAN, TENTATIVE SKETCH
PUBLIC NOTICE
RESUBDIVISION
RIGHT-OF-WAY
RUNOFF
RUNOFF FROM FULLY DEVELOPED AREA UPSTREAM
SANITARY SEWAGE DISPOSAL, CENTRALIZED
SANITARY SEWAGE DISPOSAL, ON-LOT
SANITARY SEWAGE DISPOSAL, PUBLIC
SEDIMENTATION
SEPTIC TANK
SIGHT DISTANCE
SLOPE
SOIL CHARACTERISTIC TEST
SOIL STABILIZATION
SOIL SURVEY
STREET
STREET LINE
STRUCTURE
SUBDIVISION
SUBDIVISION, MINOR
SUBSTANTIAL IMPROVEMENT
SURVEYOR
SWALE
TILE ABSORPTION FIELD
TOPSOIL
WATERCOURSE
WATER SUPPLY AND DISTRIBUTION SYSTEM, PUBLIC
Other terms or words used herein shall be interpreted
or defined as follows:
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Property bounded on one side by a street and on the other
three sides by a street, railroad right-of-way, waterway, unsubdivided
area or other definite barrier.
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:
BUFFER, OPENA 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.
BUFFER, SCREENA 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. The screen buffer shall be 25 feet in width unless other dimensions are required elsewhere in this chapter.
BUFFER, SOFTENINGA 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.
A detached subordinate building, the use of which is customarily
incidental and subordinate to that of the principal building, and
which is located on the same lot as that occupied by the principal
building.
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component structural parts, and designed
for the housing, shelter, enclosure and support of individuals, animals
or property of any kind; the main structure on a given lot.
The line within a property defining the minimum required
front yard distance between any building to be erected and an adjacent
right-of-way.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street center lines.
The official designated by the Board of Commissioners to
administer this chapter.
A parcel or parcels of land, an area of water or a combination
of land and water within a development site designed and intended
for the use of residents of the Township, not including streets, off-street
parking areas, private yard space and areas set aside for nonresidential
and public facilities. Common open space shall be substantially free
of structures but may contain such improvements as are appropriate
for recreational use by the residents.
The maps, charts and textual material adopted by the Commissioners
in accordance with the Pennsylvania Municipalities Planning Code[1] and designated, as a whole or in its several parts, as
a "comprehensive plan" for the continuing development of the Township.
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 excavation.
The Township official charged by the Commissioners with the
responsibility of administering the subdivision application submission
procedure.
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.
A lot extending between and having frontage on two generally
parallel streets with vehicular access from only one street.
A means of passage for vehicles upon a lot, which must be
of concrete or bituminous material.
Any structure or part thereof designated to be occupied as
living quarters as a single housekeeping unit.
A right-of-way granted for limited use of private land for
a public or quasi-public purpose, within which the owner of the property
shall not erect any permanent structures but shall have the right
to make any other use of the land which is not inconsistent with the
rights of the grantee.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
An engineer duly appointed as the Township Engineer by the
Board of Commissioners.
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 the 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 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 one-hundred-year flood,
as delineated in the Flood Insurance Study, Upper Gwynedd 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, Upper Gwynedd Township, prepared by the Federal
Insurance Administration, United States Department of Housing and
Urban Development. Within the approximated floodplain, the base flood
elevation shall be established as a point on the boundary of the approximated
floodplain closest to the construction site in question.
The area along a natural watercourse which is periodically inundated by water therefrom. For the purpose of this chapter, it shall be considered the area defined as the "Floodplain District" in the Upper Gwynedd Township Chapter 195, Zoning;[2] said definition is made part of this chapter by reference.
The Township Health Officer, the Sewerage Enforcement Officer
and the Pennsylvania Department of Environmental Protection.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
A lot which conforms in all respects to the dimensional requirements
of the district in which it is located, except that road frontage
and access is limited to an access strip.
Any of the following activities:[3]
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purposes 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 MPC.
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 the land.
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.[4]
The area contained within the property lines of a lot, as
shown on the plan, excluding space within all streets, but including
the areas of all easements.
Any security which may be accepted by the Commissioners to
insure that improvements will be kept in good condition for a period
of one year after completion of construction and installation, including
corporate bonds, escrow agreements and other similar collateral or
surety agreements.
A metal pipe or pin of at least one inch in outside diameter
and at least 24 inches in length.
A transportable, single-family detached 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 and constructed so that
it may be used with or without a permanent foundation.
The fastening of the mobile home to its mobile home stand
in order to prevent upset or damage due to wind, erosion or other
natural forces.
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.[5]
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 structure housing operational, office, recreational, park
maintenance and other facilities built to conform to required local
standards.
Consists of all pipes, fittings and appurtenances from the
drain outlet of the mobile home to the inlet of the corresponding
sewer riser pipe.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home space.
That part of a lot which has been prepared for the placement
of a mobile home.
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.
Consists of all pipes, fittings, valves and appurtenances
from the water main of the park distribution system to the water outlet
of the distribution system within the mobile home.
A permanent marker, made of stone or concrete, set by a registered
professional surveyor at points along street rights-of-way and tract
boundaries.
The Township Map adopted by ordinance, showing exact locations
of existing and proposed lines for public streets, watercourses and
public grounds, including widenings, narrowings, extensions, diminutions
and opening or closing of the same for the entire Township.
Any security which may be accepted by the Commissioners to
guarantee that the proper construction of improvements is made by
the developer as a condition for the approval of the plan, including
corporate bonds, escrow agreements and other similar collateral or
surety agreements.
A graphic or written representation or document.
A complete and exact plan, with a professional engineer's
seal affixed and prepared for official recording as required by this
chapter to define property rights, streets and other proposed improvements.
A plan showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by this chapter and showing the details required by Article VI of this chapter.
A tentative, preliminary or final plan, including written
and graphic material, showing the provision for development of a tract.
Development of planned residential developments is regulated
by the Township Planned Residential Development Ordinance.[6]
The Planning Commission of Montgomery County, Pennsylvania.
The Planning Commission of Upper Gwynedd Township.
A plan prepared for discussion with the Township Planning
Commission, showing proposed streets and lot layout and such other
information as required by this chapter.[7]
The copy of the final plan which contains the original endorsements
of the Commissioners and the Township Planning Commission and which
is intended to be recorded with the County Recorder of Deeds.
A draft showing proposed roads, lots, buildings and topography
that is to be used as the basis for informal discussion between the
representatives of the Township Planning Commission and the owner
or agent.
As set forth in the Municipalities Planning Code.[8]
Any replatting or resubdivision of land limited to changes
in lot lines on approved final plans or recorded plans as specified
in this chapter. Other replattings shall be considered as constituting
a new subdivision of land. (See also the definition of "subdivision.")
The total width of any land reserved or dedicated as a street,
sidewalk or for other public or semipublic purposes.
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 Chapter 195, Zoning, or the Comprehensive Plan.
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, commonly called a "package treatment plant," generally
serving a single land development, subdivision or neighborhood and
operated by a governmental agency, governmental authority, public
utility company or a developer.
Any structure designed to 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, generally serving a major portion of a municipality
or municipalities, and operated by a governmental agency, governmental
authority or public utility company.
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 watertight receptacle which receives sewage or industrial
waste and is designed and constructed to provide for sludge storage
and sludge decomposition and to separate solids from the liquid through
a period of detention, before allowing the liquid to be discharged.
The required length of roadway visible to the driver of a
motor vehicle at any given point on the roadway when the view is unobstructed
by traffic. Sight distance measurements shall be made between a point
4.5 feet above the center line of the road surface and a point 0.5
foot above the center line of the road surface.
The face of any embankment or cut section and 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.
A field test conducted to determine the suitability of the
soil for on-site sanitary sewage disposal facilities.
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,"
as amended by the Natural Resources Conservation Service, United States
Department of Agriculture, which is available through the Extension
Service, Agricultural Agent, the Pennsylvania State University.
A strip of land, including the entire right-of-way (i.e.,
not limited to the cartway), intended for use as a means of vehicular
and pedestrian circulation to provide access to more than one lot.
The word "street" includes street, avenue, boulevard, road, highway,
freeway, parkway, alley, viaduct and any other way used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
The right-of-way line.
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.
The division of a single lot, tract or parcel of land into
not more than two lots, tracts or parcels of land, including the remaining
portion of the tract, for the purpose, whether immediate or future,
of 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,
the need for required improvements and/or an easement of access or
the need therefor, and also that the subdivision does not adversely
affect the development of the remainder of the parcel or adjoining
property and is not in conflict with any provision of an adopted comprehensive
plan, official map or zoning ordinance.
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 purpose 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
the National Register of Historic Places or a State Inventory of Historic
Places.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
A system of open-jointed or perforated pipes laid in the
upper strata of the soil to distribute sewage effluent into the soil
for absorption and vaporization.
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 permanent stream, intermittent stream, river, brook, creek,
channel or ditch for water, whether natural or man-made.
A system for supplying and distributing water from a common
source to dwellings and other buildings, generally serving a major
portion of a municipality or municipalities and operated by a governmental
agency, governmental authority or a public utility company.
