[Amended 6-22-1992 by Ord. No. 92-1]
Words used in the singular include the plural,
and words in the plural include the singular. The word "person" indicates
a corporation, an unincorporated 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 "road" and "land," and "watercourse" includes
"drain," "ditch" and "stream."
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 dwelling or store fronts, serving
as the secondary means of access to two or more properties.
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.
An area bounded by streets.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to meet
state water quality requirements, to promote groundwater recharge,
and to otherwise meet the purposes of this chapter. Stormwater BMPs
are commonly grouped into one of two broad categories or measures:
"structural" or "nonstructural." In this chapter, nonstructural BMPs
or measures refer to operational and/or behavior-related practices
that attempt to minimize the contact of pollutants with stormwater
runoff whereas structural BMPs or measures are those that consist
of a physical device or practice that is installed to capture and
treat stormwater runoff. Structural BMPs include, but are not limited
to, a wide variety of practices and devices, from large-scale retention
ponds and constructed wetlands, to small-scale underground treatment
systems, infiltration facilities, filter strips, low-impact design,
bioretention, wet ponds, permeable paving, grassed swales, riparian
or forested buffers, sand filters, detention basins, and manufactured
devices. Structural stormwater BMPs are permanent appurtenances to
the project site.
[Added 4-12-2004 by Ord.
No. 04-1775; amended 9-26-2016 by Ord. No. 16-297ZS]
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.
[Amended 12-13-2021 by Ord. No. 21-325ZS]
A person 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.
Any structure which has enclosing walls, floor and roof,
is permanently affixed to the land, including mobile homes which are
properly secured to the ground, and has one or more floors or stories.
A “building” shall not include such structures as billboards,
signs, fences or structures with interior surfaces not normally accessible
to human use, such as gas tanks or similar structures. Notwithstanding
the above, for the purposes of the Montgomery Township Zoning Ordinance,[1] a "building" shall be defined as a gas or liquid storage
tank. Buildings are further classified by type of use for which they
are constructed, such as an agricultural, commercial, industrial,
public, institutional or residential building; or as a combined- use
building when a mix of the foregoing uses is contained in the same
building; or as an accessory building.
[Added 4-23-1984 by Ord. No. 18F]
A line within a lot, so designated on a subdivision plan,
between which line and the ultimate right-of-way line of the street
on which the lot abuts a building may not be erected. The provisions
of the Township Zoning Ordinance[2] shall fix the minimum setback line.
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.
Any parking area used by three or more dwelling units and
having space for six or more motor vehicles.
The Montgomery County Conservation District.
[Added 4-12-2004 by Ord. No. 04-177S]
The construction, reconstruction, renovation, repair, extension,
alteration or relocation of a building or structure, including the
placement of mobile homes.
[Added 4-23-1984 by Ord. No. 18F]
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 establishments
or similar facilities.
A right-of-way for pedestrian travel across a block in connecting
two of the bounding streets.
A residential street with access closed at one end and with
a vehicular turnaround at the closed end.
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.
Diameter at breast height. The diameter of a tree as measured
at 4 1/2 feet above the ground.
[Amended 12-13-2021 by Ord. No. 21-325ZS]
The Pennsylvania Department of Environmental Protection.
[Added 4-12-2004 by Ord. No. 04-177S]
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 or who seeks to undertake any regulated
earth disturbance activity.
[Amended 6-22-1992 by Ord. No. 92-1; 4-12-2004 by Ord. No.
04-177S]
Any human-induced change to improved or unimproved real estate,
whether public or private, including but not limited to land development,
construction, installation, or expansion of a building or other structure,
land division, street construction, drilling, and site alteration
such as embankments, dredging, grubbing, grading, paving, parking
or storage facilities, excavation, filling, stockpiling, or clearing.
As used in this chapter, development encompasses both new development
and redevelopment.
[Added 4-23-1984 by Ord.
No. 18F; amended 9-26-2016 by Ord. No. 16-297ZS]
The specific tract of land where any earth disturbance activities
in the Township are planned, conducted or maintained.
[Added 4-12-2004 by Ord. No. 04-177S]
A construction or other human activity which disturbs the
surface of the land, including but not limited to clearing and grubbing,
grading, excavations, embankments, road maintenance, building construction
and the moving, depositing, stockpiling, or storing of soil, rock
or earth materials. All earth disturbance activities are governed
by the National Pollutant Discharge Elimination System, defined below,
and the existing provisions of the Montgomery Township Subdivision
and Land Development Ordinance.
[Added 4-12-2004 by Ord. No. 04-177S]
A right granted to use certain land for a special purpose.
The removal of surface materials by the action of natural
elements. Accelerated erosion is the removal of the surface of the
land through the combined action of human activities and the natural
processes, at a rate greater than would occur because of the natural
process alone.
[Amended 4-12-2004 by Ord. No. 04-177S]
A plan for a project site which identifies BMPs to minimize
accelerated erosion and sedimentation.
[Added 4-12-2004 by Ord. No. 04-177S]
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 (excluding normal agricultural activity).
Any act by which earth, sand, gravel, rock or any other material
is deposited, 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 in the final grade;
the material used to make a fill.
A temporary condition of partial or complete inundation of
normally dry land area.
[Added 4-23-1984 by Ord. No. 18F]
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 purpose of this chapter, the one-hundred-year
flood, as referenced in the current Montgomery Township Flood Insurance
Study, prepared by the Federal Emergency Management Agency, Federal
Insurance Administration.
[Added 4-23-1984 by Ord. No. 18F]
The one-hundred-year-flood elevation, as referenced in the
current Montgomery Township Flood Insurance Study, prepared by the
Federal Emergency Management Agency, Federal Insurance Administration.
Within the approximated floodplain, alluvial soils floodplain or areas
determined to be floodplain by the Township Engineer, 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.
[Added 4-23-1984 by Ord. No. 18F]
The one-hundred-year-flood elevation, plus a freeboard safety
factor of 1 1/2 feet.
[Added 4-23-1984 by Ord. No. 18F]
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 one-hundred-year flood (base flood) as defined by
the Federal Emergency Management Agency, Federal Insurance Administration,
in the Flood Insurance Study, Montgomery Township.
[Added 4-23-1984 by Ord. No. 18F]
That area defined in the Township Zoning Ordinance[3] as the Floodplain Conservation District; the floodplain
definition contained therein is made part of this chapter by reference.
A relatively flat or low land adjoining a stream, river or
watercourse which is subject to partial or complete inundation during
a one-hundred-year flood or any area subject to the unusual and rapid
accumulation or runoff of surface water from any source.
[Added 4-23-1984 by Ord. No. 18F]
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 No. EP 1165 2 314 (June
1972, and as subsequently amended). Floodproofing measures for all
new construction and substantial improvement of structures shall satisfy
the requirements of the Completely Dry Spaces (W1) and Essentially
Dry Spaces (W2) classes referenced in these regulations. In said publications
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.
Said regulations are contained in the Building Code of Montgomery
Township, as amended.[4]
[Added 4-23-1984 by Ord. No. 18F]
[Added 9-26-2016 by Ord. No. 16-297ZS]
Any permit required under § 205-28 hereof.
Replenishment of existing natural underground water supplies.
[Added 4-12-2004 by Ord. No. 04-177S]
Any materials that do not permit the natural absorption and
permeation by soils of rain or other surface water, to include but
not be limited to all concrete, asphalt, and similar paving products,
earthen materials (brick, stone), chemical treatment of soils or artificial
ground covers as may be used in the construction of roads, walks,
driveways, parking areas, patios and recreation facilities.
[Added 9-26-2016 by Ord.
No. 16-297ZS]
A surface that prevents the infiltration of water into the
ground. Impervious surface includes, but is not limited to, any roof,
parking or driveway areas, and any new streets and sidewalks. Any
surface areas designed to initially be gravel or crushed stone shall
be assumed to be impervious surfaces.
[Added 4-12-2004 by Ord. No. 04-177S]
Grading, paving, curbing, streetlights and signs, fire hydrants,
wells, water mains, sanitary sewers, on-lot sewage disposal, storm
drains, sidewalks, crosswalks and street shade trees.
See definition of "subdivision and land development."
[Amended 3-13-1995 by Ord. No. 95-46]
A parcel of land intended for transfer of ownership or building
development.
A transportable, single-family 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 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, provided with the
necessary utility connections, patio 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 installed and/or
erected on the lot for 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.
A parcel of land under single ownership which has been planned
and improved in compliance with the requirements of the Mobile Home
Park District 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.
That part of an individual lot which has been reserved and
prepared for the placement of the mobile home.
A single-family or multifamily dwelling intended for permanent
occupancy, made by assembling one or more factory-produced three-dimensional
sections into an integral living unit, whose construction materials
and specifications conform to those of conventionally built units.
A travel trailer which combines the living section and the
power source into a single unit.
Naturalized refers to trees or shrubs that are naturally
occurring on a site or that were not planted as part of any previous
land development requirements.
[Added 12-13-2021 by Ord. No. 21-325ZS]
ational Pollutant Discharge Elimination System, the federal
government’s system for issuance of permits under the Clean
Water Act, which is delegated to DEP in Pennsylvania.
[Added 4-12-2004 by Ord. No. 04-177S]
"Point source" as described in 40 CFR § 122.2 at the
point where the Township’s storm sewer system discharges to
surface waters of the commonwealth.
[Added 4-12-2004 by Ord. No. 04-177S]
A reasonably level space, available for parking of one motor
vehicle not less than 10 feet wide nor less than 20 feet in length,
exclusive of passageway, driveways or other means of circulation or
access. A garage or garage area shall not meet the requirement of
a parking space except where provided as part of the parking plan
for garden apartments and townhouses.
A parking space having adequate base stone and paved with
cement, asphalt or other material with like qualities.
An individual, partnership, public or private association
or corporation, or a governmental unit, public utility or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
[Added 4-12-2004 by Ord. No. 04-177S]
A plan consisting of an improvement construction plan and
a record plan.
[Added 6-22-1992 by Ord. No. 92-1]
A plan prepared by a registered engineer or surveyor showing
the horizontal details, profile and typical cross section of a street
and its appurtenances to be constructed or installed.
The Montgomery Township Planning Commission.
A preliminary plan prepared by a registered engineer, surveyor
or architect showing lot lines and areas, zoning classification, deed
restrictions, easements, right-of-way lines and other information
pertaining to the lots and the streets on which the lots abut in their
proposed subdivision.
A plan prepared for recording by a registered engineer or
surveyor, showing ultimate right-of-way lines, easements, rear lot
lines and any other relevant information.
A plan prepared by a registered engineer, surveyor, planner,
architect or landscape architect that is submitted for informal discussion
of a proposed subdivision or land development of a tract of land prior
to the submittal of a preliminary plan.
[Amended 4-10-1989 by Ord. No. 18N]
Any discernible, confined and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, or conduit from
which stormwater is or may be discharged, as defined in state regulations
at 25 Pa. Code § 92.1.
[Added 4-12-2004 by Ord. No. 04-177S]
The specific area of land where any regulated earth disturbance
activities in the Township are planned, conducted or maintained.
[Added 4-12-2004 by Ord. No. 04-177S]
Any lot, tract or parcel of land or series of lots, tracts
or parcels of land joined together where grading work is continuous
and performed at the same time.
Earth disturbance activities on land which has previously
been disturbed or developed.
[Added 4-12-2004 by Ord. No. 04-177S]
Activity involving earth disturbance subject to regulation
under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law.
[Added 4-12-2004 by Ord.
No. 04-1775; amended 9-26-2016 by Ord. No. 16-297ZS]
A strip of land occupied or intended to be occupied by a
street, alley, crosswalk, sanitary or storm sewer, stream or drainage
ditch or for another special use. The usage of the term right-of-way
for land plotting purposes in the Township of Montgomery shall mean
that every right-of-way hereafter 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 Montgomery shall be dedicated to public
use by the subdivider of the plan on which such rights of-way are
established.
Earth disturbance activities within the existing road cross
section, such as grading and repairing existing unpaved road surfaces,
cutting roadbanks, cleaning or clearing drainage ditches and other
similar activities.
[Added 4-12-2004 by Ord. No. 04-177S]
That part of the precipitation, as well as any other flow
contributions, which appears in surface streams of either perennial
or intermittent form.
Runoff that can be anticipated upon maximum development of
the tributary area of the watershed located upstream from the subject
tract, as permitted by prevailing zoning and/or the applicable municipal
comprehensive plans, and a rainfall with an average frequency of occurrence
as designated by the Township.
See "modular home."
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 conveyance or system of conveyances (including roads with
drainage systems, township streets, catch basins, curbs, gutters,
ditches, man-made channels or storm drains) primarily used for collecting
and conveying stormwater runoff.
[Added 4-12-2004 by Ord. No. 04-177S]
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.
The distance of unobstructed view along the center line of
a street from the driver's eye height of five feet to the furthest
visible point four inches above the street surface.
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.
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, physical or structural treatment of a mass of soil
to increase or maintain its stability or otherwise improve its engineering
properties.
Work on the proposed construction and/or development shall
begin within six months after the date of issuance of the building
permit or the permit shall expire unless a time extension is granted,
in writing, by the Code Enforcement Officer. Construction and/or development
shall be considered to have started with the preparation of land,
land clearing, grading, filling, excavation for basement, footings,
piers or foundations, erection of temporary forms, the installation
of piling under proposed subsurface footings or the installation of
sewer, gas and water pipes or electrical or other service lines from
the street. Time extensions shall be granted only if a written request
is submitted by the applicant at least 30 days prior to the date of
expiration which sets forth sufficient and reasonable cause for the
Code Enforcement Officer to approve such a request.
[Added 4-23-1984 by Ord. No. 18F]
The surface runoff generated by precipitation reaching the
ground surface.
[Added 4-12-2004 by Ord. No. 04-177S]
A general term used to describe the right-of-way, municipally
or privately owned, serving as a means of vehicular and pedestrian
travel and furnishing access to abutting properties and space for
sewers and public utilities.
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, principally serving neighborhood traffic.
MAJORA street connecting districts and centers of communities and serving large volumes of fast-moving through traffic, preferably located outside of or bounding the residential neighborhood.
A person who is the registered owner or authorized agent
of the registered owner of the land to be subdivided.
[Added 3-3-1975 by Ord. No. 18A]
SUBDIVISIONThe 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.
[Amended 6-29-1989 by Ord. No. 18P]
MAJOR SUBDIVISIONSAll subdivisions not classified as minor subdivisions, including but not limited to subdivisions of three or more lots or any size subdivision requiring any new street or extension of an existing street or extension of municipal facilities or the creation or installation of any public improvements.
MINOR SUBDIVISIONThe division of a single lot, tract or parcel of land not a part of a prior subdivision into not more than two lots, tracts or parcels of land for the purpose, whether immediate or future, of lease, transfer of ownership or the act of building structures and installing site improvements for residential use. Such lots shall front on an existing public street or suitable means of access to a public street not involving any new street or road or the extension of municipal facilities or the creation of any public improvements and shall not adversely affect the development of the remainder of the parcel from which it is to be taken or adjoining property and shall conform with all provisions of the Comprehensive Plan, the Zoning Ordinance[5] and this chapter and rules and regulations promulgated
thereunder.
LAND DEVELOPMENT
[Amended 6-26-1989 by Ord. No. 18P]
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 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.
The following types of development are excluded
from the definition of land development:
The conversion of an existing single-family
detached dwelling or single-family semi-detached 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 or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this Subsection D(2)(c), an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
[Added 4-23-1984 by Ord. No. 18F]
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 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.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs, and all other bodies or channels or conveyance of
surface water, or parts thereof, whether natural or artificial, within
or on the boundaries of this commonwealth.
[Added 4-12-2004 by Ord. No. 04-177S]
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.
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 eight inches.
[Amended 4-10-1989 by Ord. No. 18M]
Montgomery Township, 1001 Stump Road, Montgomeryville, Pennsylvania
18936.
[Added 4-12-2004 by Ord. No. 04-177S]
The total acreage within the lot lines, excluding that area
continuously covered by water and rights-of-way of existing public
roads.
A recreational vehicle requiring a separate power source
for pulling it, which may include living, sleeping, eating and sanitary
facilities, but which is designed for vacation travel and not for
long-term or permanent occupancy.
All pipes, fittings and appurtenances from the water riser
pipe to the water inlet pipe of the distribution system within the
mobile home.
A perennial or intermittent stream, river, brook, creek,
channel, ditch or culvert for water, whether natural or man-made.
The water riser pipe is 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.
Region or area drained by a river, watercourse or other body
of water, whether natural or artificial.
[Added 4-12-2004 by Ord. No. 04-177S]
