[Ord. No. 1038, § 1, 5-14-1990; Ord. No. 1234, § 1, 6-9-1997; Ord.
No. 1239, §§ 1—3, 9-22-1997; Ord. No. 1321, § 1, 4-10-2000; Ord. No. 1345, § 1, 2-12-2001]
Unless otherwise expressly stated the following terms shall,
for the purpose of these regulations, 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 commercial buildings
front, serving as the secondary means of access to two or more properties.
An open, unoccupied space on the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky, except for public utility lines or facilities.
The fastening of the mobile home to its mobile home stand
in order to prevent upset or damage due to wind, erosion, flooding,
or other natural forces.
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 the start of construction
or development including, but not limited to, an application 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 and other ordinances
have been prepared; for purposes of this ordinance, the one-hundred-year
flood, as referenced in the current Flood Insurance Study, Plymouth
Township, prepared by the Federal Insurance Administration, FEMA [Federal
Emergency Management Agency].
The one-hundred-year flood elevation, as referenced in the
Flood Insurance Study, prepared by the Federal Insurance Administration,
FEMA. 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.
An area usually bounded by streets and natural or man-made
features.
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:
A 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.
A 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 buffer normally comprised of grass, ground cover, and/or
possible 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.
Any structure comprised of enclosing walls and roof, permanently
affixed to the land.
A person or business entity, 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.
A line within a lot, so designated on a subdivision plan,
between which line and ultimate right-of-way line of the street on
which the lot abuts, a building may not be erected.
The portion of a street or alley intended for vehicular use.
Any part of a development used jointly by the occupants of
the development, including but not limited to open space, recreation
facilities, roadways, parking areas, storage buildings, and maintenance
facilities.
Any area of land and/or water designed for joint use and
recreational enjoyment of tenants and/or owners occupying a development,
excluding common parking areas, roadways, storage buildings, and similar
facilities not primarily intended for recreational benefit. The common
open space shall be essentially free of buildings.
The official public document of current adoption consisting
of maps, charts, and textural matter, that constitutes a policy guide
to decisions about the physical and social development of the township.
An estate in real property developed under the Unit Property
Act consisting of an undividable interest in a portion of a parcel
together with a separate interest in a space within a structure.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
The township council of the Home Rule Municipality of Plymouth
Township, Montgomery County, Pennsylvania.
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.
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.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The, phrase "provisions of
the development plan," when used in this ordinance, shall mean the
written and graphic materials referred to in this definition.
A private way providing for vehicular and pedestrian access
between a public street and a parking area within a lot or property.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation, or another person
or entity.
Review stamp of the Montgomery County Planning Commission.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
That area defined in Article XXVII of the Township Zoning Ordinance [Appendix B] as the floodplain conservation district; the floodplain definition contained therein is made part of this ordinance by reference.
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.
The sum of the gross horizontal areas of all floors of a
building measured from the exterior walls, or from the center line
of a wall separating two buildings, but not to include interior parking
spaces, loading space for motor vehicles or any area where the floor-to-ceiling
height is less than 6 1/2 feet.
The total floor area for which the tenant pays rent directly
or indirectly and/or which is designed for the tenant's use and/or
occupancy exclusively and/or in common with all other tenants and/or
business invitees. For the purposes of this chapter, "gross leasable
floor area" shall include the term "net rentable area."
A slope of the street, or other public way, specified in
percent and shown on plans as specified herein.
Those facilities such as but not limited to grading, paving,
curbing, buffer area, screening, landscaping, monuments, street lights
and signs, traffic signals, fire hydrants, wells, water mains, sanitary
sewers, storm drains, sidewalks, parking areas, crosswalks, and street
shade trees.
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.
Development in accordance with the Municipalities Planning Code,
Section 503(1.1)(i), (ii) and (iii) shall be included within the definition
of land development.[1]
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.
A designated parcel, tract or area of land established by
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 easement.
A transportable structure, not necessarily limited to a single-family
dwelling, intended for permanent occupancy, office or place of assembly,
contained in one (1) unit, or in two (2) or more units designed to
be joined into one (1) 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.
It does not include recreational vehicles or travel trailers.
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, 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 (2) or more mobile home lots.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382 No. 164) known as the Municipality Authorities
Act of 1945.[2]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the township,
planning agency or joint planning commission.
The Pennsylvania Municipalities Planning Code, as re-enacted
December 21, 1988 (P.L. 1329, No. 170).[3]
The official highway map of current adoption showing the
exact location of the lines of existing public streets, watercourses
and public grounds for the whole of the municipality of Plymouth Township.
Designation of streets, watercourses or public grounds does not, in
and of itself, constitute a taking or acceptance of any land by the
municipality of Plymouth Township.
A map adopted by ordinance pursuant to Article IV of the
Municipalities Planning Code.
A flood that has one chance in 100 or a 1% chance of being
equaled or exceeded in any one year. For the purposes of this ordinance,
the one-hundred-year flood (base flood) is that which is defined by
the Federal Insurance Administration, Federal Emergency Management
Agency, February 15, 1978, in the Flood Insurance Study, Plymouth
Township.
TENTATIVE SKETCH PLANA plan used as the basis for informal discussion among the representatives of the planning agency, township engineer, and the subdivider, developer or builder.
APPLICATION PLANA plan submitted together with a subdivision or land development application, prepared by a registered engineer or surveyor, showing the proposed street and lot layout, deed restrictions, easements, curbs, sidewalks, drains, sewers, bridges, culverts, and such other improvements as are required by these regulations.
LAND DEVELOPMENT PLANThe plan for development of a tract of land, including all easements relating to use, location and bulk of buildings and other structures, or intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.
IMPROVEMENT CONSTRUCTION PLANA plan prepared by a registered engineer showing construction detail of all public improvements set forth on the application plan.
RECORD PLANAn approved plan, prepared for recording.
The date on which record plans are executed by appropriate
township officials as being in compliance with all ordinances and
the conditions of subdivision or land development approval.
A formal meeting held pursuant to public notice by the township
or planning agency intended to inform and obtain public comment prior
to taking action in accordance with the Municipalities Planning Code.
A formal meeting 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 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.
An area of land utilized or intended to be utilized by a
street, alley, crosswalk, sanitary or storm sewer, stream, drainage
ditch, or for other special use. Where used in connection with streets
for land plotting purposes, the "right-of-way" established or shown
on a final record plan shall be distinct and separate from the lots
or parcels adjoining such right-of-way [and] shall not be included,
within the dimensions of areas of such lots or parcels.
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.
A report entitled, "Soil Survey of Montgomery County, Pennsylvania,"
published April, 1967, by the Soil 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 strip of land including the entire ultimate right-of-way,
publicly or privately owned, serving primarily as means of vehicular
and pedestrian travel, furnishing access to abutting properties which
may also be used to provide space for sewers, public utilities, shade
trees and sidewalks.
RESIDENTIAL STREETA street or road used primarily as the principal means of access to adjacent residential properties.
COLLECTOR STREETA street or road used primarily as the means of transportation between neighborhoods, and as a feeder road to through highways.
ARTERIAL HIGHWAYA street or road with an ultimate right-of-way width of more than 60 feet and on which large volumes of through traffic move. These streets are under the jurisdiction of the county or commonwealth, and the development regulations thereof apply.
The ultimate right-of-way line and/or property line.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but not
to include lighting facilities.
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.
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 Section 509 of the Municipalities
Planning Code[5]) of those improvements required as a condition for final
approval have been completed in accordance with the approval plan,
so that the project will be able to be used, occupied or operated
for its intended use.
The Home Rule Municipality of Plymouth Township, Montgomery
County, Pennsylvania, acting by and through its Council or, in appropriate
cases, acting by and through its authorized representatives.
Municipal Engineer, as defined herein.
The expected future right-of-way width computed from the
center line of an established right-of-way, and delineated by a line
on the plan parallel to the center line of the public street.
Words used herein 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 "buildings" indicates "structure" and shall
be construed as if followed by the words "or part thereof." The word
"street" indicates "road" and "land," and "watercourse" includes "drain,"
"ditch" and "stream." The word "may" is permissive; the words "shall"
and "will" are mandatory.
