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Township of Schuylkill, PA
Chester County
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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 "may" is permissive; the word "shall" is mandatory.
Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings indicated.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily and subordinate to, the principal use or structure.
[Added 10-11-2006 by Ord. No. 2006-07]
AGRICULTURE
The raising, breeding, and keeping of domestic animals; and the cultivating of the soil and the raising and harvesting of the products of the soil, including, but not by way of limitation, nurserying, horticulture and forestry.
ALLEY
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 and not intended for general traffic circulation.
ANAEROBIC
Capable of living or growing in an environment lacking free oxygen.
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his or her heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including but not limited to the approval of a subdivision plat or plan, or the approval of a land development plan.
AUTHORITY
A body politic and corporate created pursuant to 53 Pa.C.S.A. § 5601 et seq., known as the "Municipalities Authorities Act."[1]
BASEMENT
Any area of a building having its floor below ground level on all sides.
[Amended 11-20-1996]
BLOCK
A unit of land bounded by streets, or by a combination of streets and public land, railroad rights-of-way, watercourses, or any other barrier to the continuity of development.
BUILDER
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.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
[Amended 11-20-1996]
BUILDING SETBACK LINE
An imaginary line that is the required minimum distance from, and parallel to, the ultimate right-of-way line of the street the lot abuts or from any other lot line that establishes the area within which the principal structure shall be erected or placed, as prescribed by Chapter 370, Zoning, as amended.
CANOPY
The uppermost spreading branch layer of a tree or a group of trees.
CARTWAY
The portion of a street within which vehicles are permitted, including travel lanes and parking lanes, but not including shoulders, curbs, sidewalks, or swales.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
[Amended 11-20-1996]
COMPREHENSIVE PLAN
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 Schuylkill Township, also known as the "Schuylkill Township Comprehensive Plan of 1990."
CONDOMINIUM
An estate in real property consisting of an undivided interest in a portion of a parcel together with a separate interest in a space within a structure. This form of ownership may be applied in residential, professional office, limited industrial, and commercial land uses.
CONSERVATION AREAS, PRIMARY (PCA)
Lands consisting of the Flood Hazard and Wetlands District and elevated steep slopes (above 25%). In the Conservation Overlay District, all primary conservation areas are required to be located within conservation land.
[Added 10-2-2019 by Ord. No. 2019-04]
CONSERVATION AREAS, SECONDARY (SCA)
Lands containing natural or cultural features, outside primary conservation areas, that are worthy of conservation by inclusion in conservation land. See a list of such features in § 320-40.1B(1)(b) of the Subdivision and Land Development Ordinance.
[Added 10-2-2019 by Ord. No. 2019-04]
CONSERVATION LAND
A parcel or parcels of land and/or water, within a conservation subdivision, set aside for the protection of natural and cultural resources. Conservation land consists of primary and secondary conservation areas and is permanently restricted against further development.
[Added 10-2-2019 by Ord. No. 2019-04]
CONSERVATION SUBDIVISION
A residential development, designed in accordance with the standards in the Conservation Overlay District in the Schuylkill Township Zoning Ordinance.
[Added 10-2-2019 by Ord. No. 2019-04]
CONSTRUCTION
Any disturbance of the existing surface of the land, including the cutting of trees or clearing of brush, or the erection of structures thereon.
CROSSWALK
A right-of-way for pedestrian travel crossing between streets.
CUL-DE-SAC
A street with access at one end and terminated at the other by paved vehicular turnaround.
DEVELOPABLE AREA
The total area suitable for land development within the titled lines of a lot, after the following areas are excluded:
[Amended 8-4-2010 by Ord. No. 2010-03; 12-2-2015 by Ord. No. 2015-05]
A. 
Areas set aside as the ultimate right-of-way for a public or private street;
B. 
Areas of steep slopes pursuant to Chapter 370, Article XXVIII, Natural Resources Conservation Overlay District;
C. 
Flood hazard districts pursuant to Chapter 370, Article XI, F Flood Hazard and Wetlands District;
D. 
Wetlands pursuant to Chapter 370, Articles XI and XXVIII;
E. 
Existing stormwater management facilities pursuant to Chapter 310, Stormwater Management;
F. 
Areas comprising rights-of-way and easements for aboveground utilities and underground utilities other than for local retail service;
G. 
Inner riparian buffers pursuant to Chapter 370, Article XXVIII; and
H. 
Outstanding resource waters and associated outstanding resource waters inner buffers pursuant to Chapter 370, Article XXVIII.
DEVELOPER
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; also "applicant."
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
[Amended 11-20-1996]
DIAMETER BREAST HEIGHT (DBH)
A measure of a tree's trunk size representing its diameter at 4 1/2 feet above the ground level.
DRIVEWAY
A private cartway providing for vehicular and pedestrian access between a public street and a parking area within a lot or property.
EASEMENT
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.
EROSION
The removal of land surface materials by the action of natural elements.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
[Amended 11-20-1996; 10-11-2006 by Ord. No. 2006-07]
EXCAVATION
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.
FEMA
The Federal Emergency Management Agency.
FILL
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 surface of the ground, and shall include the conditions resulting therefrom. Also, the material used to make up the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade, and the material used to make a fill.
FLOOD
A temporary inundation of normally dry land areas.[2]
[Added 10-11-2006 by Ord. No. 2006-07]
FLOOD HAZARD DISTRICT
Land adjacent to a watercourse or water body designated and defined in Chapter 370, Article XI, F Flood Hazard and Wetlands District.
[Added 12-2-2015 by Ord. No. 2015-05]
FLOODPLAIN
A relatively flat or low land area which is subject to inundation from an adjoining or nearby stream, river, or watercourse; and/or any area subject to the accumulation of surface waters from any natural source; and/or any area delineated by applicable FEMA maps and studies as being a special flood hazard district, or other professional engineering studies.
[Added 12-2-2015 by Ord. No. 2015-05]
FLOODPROOFING
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.
[Amended 11-20-1996]
FLOODWAY
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
[Amended 11-20-1996]
GRADE
A slope of street, or other public way, specified in percent and shown on plans as specified herein.
GREEN
An area of conservation land, surrounded by streets on at least two, three or four sides, around which dwellings are organized such that the dwellings face the conservation land either directly or across a street.
[Added 10-2-2019 by Ord. No. 2019-04]
HISTORIC RESOURCE
Within the context of this chapter, any building, site, structure, or object designated as a Class I or Class II historic resource and included on the Township Historic Properties Map that is contained in Chapter 370, Zoning.
[Added 12-7-2011 by Ord. No. 2011-12]
HISTORIC STRUCTURE
Any structure that is:
[Amended 11-20-1996; 8-4-2010 by Ord. No. 2010-03]
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
HYDRIC SOIL
A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in accordance with the criteria specified in the publication Hydric Soils of the United States (USDA-SCS 1991) or any amendments thereto.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood.
[Amended 11-20-1996]
IMPROVEMENT
Grading, paving, curbing, streetlights and signs, fire hydrants, wells, water mains, sanitary sewers and other utilities, sidewalks, parking areas, crosswalks, street shade trees, 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.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
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
(2) 
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;
B. 
A subdivision of land.
C. 
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code (as amended).
[Added 12-2-2015 by Ord. No. 2015-05]
LANDOWNER
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 or she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
LIDAR
LiDAR, an acronym for "Light Detection and Ranging," is a remote sensing technology that measures distance by illuminating a target with a laser and analyzing the reflected light. LiDAR produces mass point cloud datasets that can be managed, visualized, analyzed, and shared using a geographic information system, a computer-aided design and drafting system (CADD) or equivalent software. LiDAR technology can produce accurate high-resolution maps of land areas, including contour maps.
[Added 12-2-2015 by Ord. No. 2015-05]
LOT
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.
LOT AREA
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.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building; provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
[Amended 11-20-1996]
MANUFACTURED HOME
See "mobile home."
[Amended 11-20-1996]
MANUFACTURED HOME PARK
See "mobile home park."
[Amended 11-20-1996]
MEDIATION
A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MOBILE HOME
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 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, and constructed with the same, or similar, electrical, plumbing, and sanitary facilities as immobile housing. No titled or untitled vehicle, whether containing living quarters or not, shall be considered a mobile home under this chapter. For purposes of floodplain management only, the term "mobile home" shall also include park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
[Amended 11-20-1996]
MOBILE HOME LOT
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.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designed and improved that it contains two or more mobile home lots for placement thereon of mobile homes.
NATIVE TREE
A tree inherent and original to the local area.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after October 1, 1975, and including any subsequent improvements thereto.
[Amended 11-20-1996]
NONCONFORMING LOT
A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure the design of which is inconsistent with the applicable use or extent of use provisions in Chapter 370, Zoning, or amendment, where such structure lawfully existed prior to the application of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
NOTEWORTHY TREES
A healthy or nonterminally diseased tree with a minimum diameter of 10 inches DBH.
OFFICIAL MAP SUMMARY
The map of current adoption showing the 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 Schuylkill Township, provided that proposed streets, watercourses or public grounds shall not, in and of itself, constitute a taking or acceptance of any land by the Township Supervisors.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has one-percent chance of occurring each year, although the flood may occur in any year).
[Amended 11-20-1996]
OUTSTANDING RESOURCE WATER
A surface water feature that has significant water quality value and requires special protection; specifically, the Pickering Reservoir, wetlands along and adjacent to the Pickering Reservoir, any wetlands that have been determined to be exceptional value wetlands by PADEP per Pa. Code § 105.17, and any waters that have been determined to be EV exceptional value waters by PADEP per Pa. Code § 93.4b.
[Added 12-2-2015 by Ord. No. 2015-05]
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, government unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
[Added 10-11-2006 by Ord. No. 2006-07]
PLAN
The map or plan of a subdivision or land development.
A. 
AS-BUILT PLANA plan showing actual locations and dimensions of improvements of an approved subdivision or land development.
B. 
EROSION AND SEDIMENTATION CONTROL PLANA plan showing the proposed methods of controlling or preventing the destructive removal of topsoil due to stormwater runoff, excessive situation, and other undesirable consequences of earth disturbances, according to the requirements in this chapter.
C. 
FINAL PLANA complete and exact subdivision or land development plan which has been stamped by a registered professional surveyor or engineer, defining property lines, proposed streets, drainage facilities, easements, and other improvements, and which is to be recorded upon approval. The final plan shall also include an improvement construction plan and a final stormwater management plan.
D. 
IMPROVEMENT CONSTRUCTION PLANA plan prepared by a registered professional engineer showing the construction details of streets, drains, sewers, bridges, culverts, and other improvements as required by this chapter, and shall include a horizontal plan, profiles and cross sections.
E. 
PRELIMINARY PLANA plan prepared for discussion with the Planning Commission and Township Supervisors by a registered professional engineer or surveyor showing the proposed street and lot layout, the deed restrictions, easements, etc., of the entire tract of land being subdivided or developed.
F. 
RECORD PLANAn approved final plan.
G. 
STORMWATER MANAGEMENT PLANA plan showing the proposed methods of controlling runoff according to the requirements of this chapter.
H. 
SUBDIVISION PLANA preliminary or final plan showing an arrangement of lots, streets, and other items required in this chapter, which are proposed for a parcel.
I. 
SKETCH PLANA rough draft showing proposed streets and lots, to be used as the basis for informal discussion between the Planning Commission and the applicant.
POLLUTANT
Any introduced gas, liquid, or solid that degrades a natural resource.
PUBLIC GROUNDS
Includes:
A. 
Parks, playgrounds, trails, paths or other recreational areas and other public areas;
B. 
Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities; and
C. 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the provisions of the Pennsylvania Municipalities Planning Code.
PUBLIC MEETING
A forum held pursuant to public notice under 65 Pa.C.S.A. § 701 et seq., known as the "Sunshine Act."
[Amended 1-7-2013 by Ord. No. 2013-01]
PUBLIC NOTICE
Notice published 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 prior to the date of the hearing.
RECREATION, ACTIVE
Leisure time activities, usually of an organized nature and performed with others, often requiring equipment and taking place at prescribed times, places, sites, or fields.
RECREATION, PASSIVE
Any leisure time activity not considered active.
RECREATIONAL VEHICLE
A vehicle which is:
[Amended 11-20-1996]
A. 
Built on a single chassis;
B. 
Not more than 400 square feet, measured at the largest horizontal projections;
C. 
Designed to be self-propelled or permanently towable by a light-duty truck;
D. 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
[Amended 11-20-1996; 10-11-2006 by Ord. No. 2006-07]
RESERVE STRIP
A parcel of land separating a street from adjacent properties or from a marginal access street.
RETAINING WALL
A structure erected between lands of different elevation typically used to prevent the washing down or erosion of earth from the upper slope level.
RIGHT-OF-WAY LINE
The line establishing a boundary between public right-of-way (for streets, utilities, etc.) and adjacent private property.
RIPARIAN BUFFER
A protective area of land adjacent to each side of a watercourse, which is not an outstanding resource water, and which is divided into two separate zones. This area is managed to maintain vegetation to protect the integrity of stream channels and shorelines, to reduce the impact of upland sources of pollution by trapping, filtering, and converting sediments, nutrients, and other chemicals, and to supply food, cover and thermal protection to fish and other aquatic species and wildlife.
[Added 12-2-2015 by Ord. No. 2015-05]
RUNOFF
The surface water discharge after a fall of precipitation that does not enter the soil but runs off the surface of the land.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited it is usually referred to as "sediment."
SIGHT DISTANCE
The distance of unobstructed view from an intersection per § 320-22E(5).
SLOPE
Inclination of the land with respect to the horizontal, expressed by stating the vertical rise or fall as a percentage of the horizontal distance.
[Amended 12-2-2015 by Ord. No. 2015-05]
SOIL STABILIZATION
Chemical or structural treatment of a mass of soil to increase or maintain its suitability or otherwise improve its engineering properties.
SOIL SURVEY
A report entitled, Soil Survey-Chester and Delaware Counties, Pennsylvania, published May 1963 by the Soil Conservation Service, United States Department of Agriculture, and which is available in Schuylkill Township or through the Department of Agriculture.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivision and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
[Added 10-11-2006 by Ord. No. 2006-07]
STEEP SLOPES
Those areas of land where the slope, as measured over a vertical distance of six feet, is greater than 15%.
[Added 12-2-2015 by Ord. No. 2015-05]
STEEP SLOPES, MAN-MADE
All steep slopes that are not naturally occurring steep slopes.
[Added 12-2-2015 by Ord. No. 2015-05]
STEEP SLOPES, NATURAL
All steep slopes other than those occurring as a result of grading, trenching, contouring, construction or other man-made processes.
[Added 12-2-2015 by Ord. No. 2015-05]
STORMWATER MANAGEMENT FACILITY
Any feature, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff quality, rate, or quantity. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and infiltration facilities.
[Added 12-2-2015 by Ord. No. 2015-05]
STREET
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 sewer, public utilities, and sidewalks, but which do not include driveways. (Also referred to as "road.")
[Amended 8-4-2010 by Ord. No. 2010-03]
A. 
HALF-STREETA street of less than required right-of-way and cartway width.
B. 
MAJOR STREET— A street connecting district centers or communities, serving large volumes of fast moving through traffic, preferably located outside or bounding the residential neighborhood.
C. 
MARGINAL ACCESS STREET (also referred to as "FRONTAGE ROAD")A street parallel and adjacent to a major street providing access to abutting properties by a cartway separated from the major streets by a reserve strip.
D. 
RESIDENTIAL STREETA street used primarily as the principal means of access to adjacent residential properties.
E. 
SINGLE-ACCESS STREET A configuration of one or more streets designed to provide access at only one point of intersection with an existing Township or state road, or with a proposed road having more than one access point.
[Added 10-6-2010 by Ord. No. 2010-10]
F. 
SECONDARY STREETA street connecting local residential streets to each other, or community facilities and to the major streets serving only neighborhood traffic. There are two types of secondary streets:
(1) 
Secondary feeder streets serve to connect residential streets to collector streets, and community facilities with light traffic volumes.
(2) 
Secondary collector streets serve to connect secondary feeder streets and residential streets to other feeder streets, community facilities, and major highways with medium traffic volumes.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, sheds, manufactured or mobile homes, and other similar items.
[Amended 11-20-1996]
SUBDIVISION
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, or 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 subdivision of land for mortgage purposes shall comply with all of the requirements of this chapter and Chapter 370, Zoning.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
[Amended 11-20-1996]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
[Amended 11-20-1996]
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of a historical structure, provided that the alteration will not preclude the structure's continued designations as a historic structure.
SWALE
A low lying stretch of land which gathers and carries surface water runoff.
TOPSOIL
Surface soils and subsurface soils usually found in the uppermost soil layer.
TOWNSHIP ENGINEER
A professional engineer licensed by the Commonwealth of Pennsylvania, and duly appointed as the Engineer for Schuylkill Township.
TREE
A woody plant with a minimum diameter of three inches DBH for a single-stemmed specimen, or any woody multistemmed plant eight feet or more in height.
TREE CLUSTER
A group or mass of at least three trees that form a common canopy.
TREE DRIP LINE
A generally circular line marking the outer edges of the branches of the tree.
TREE PROTECTION ZONE (TPZ)
An area surrounding a tree or a tree cluster in which no construction or construction activity shall take place. The tree protection zone shall extend 15 feet from the trunk of the tree or the distance from the trunk of the tree to two feet beyond the drip line, whichever is greater. For noteworthy trees, the TPZ shall extend 20 feet from the trunk of the tree or the distance from the trunk of the tree to five feet beyond the drip line, whichever is greater. Where there is a cluster of trees, the TPZ shall be the congregate of the protection zones for the individual trees concerned.
TREE, SPECIMEN
A tree with a DBH of 24 inches or greater; or a unique, rare, or otherwise specifically selected tree which most typically represents a whole class or group, specifically in shape, form or historical importance, including, but not limited to, a tree whose growth pattern has been significantly altered by a natural and/or man-made action, one which has been historically documented (showing up in written histories), one on which there are historic plaques, markers, carvings, or unusual marking in the bark, or one which identifies a particular location, and which shall be designated as such by the Township during plan review.
[Added 10-2-2019 by Ord. No. 2019-04]
ULTIMATE RIGHT-OF-WAY
The right-of-way area measured on both sides of the center line of a street or proposed street, as shown on the Ultimate Right-of-Way Map of Schuylkill Township adopted by the Township Supervisors as part of the Official Map Summary of Schuylkill Township.
ULTIMATE RIGHT-OF-WAY LINE
The line generally parallel to the center line of any public street which defines the boundary of the ultimate right-of-way as defined above.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by The Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted The International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
[Added 10-11-2006 by Ord. No. 2006-07]
VEGETATION LAYERS
For the purpose of this chapter, vegetation layers are located within a tree cluster and are comprised of the following: canopy layer, under story layer, shrub layer and the grass/herbaceous layer.
WATERCOURSE
A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
[Amended 12-2-2015 by Ord. No. 2015-05]
WEEP HOLES
Holes which pass through the thickness of the material of a retaining wall from within to the exterior face of the wall to relieve water pressure.
WETLAND BUFFER
A protective area extending 50 feet from the edge of a lake or pond shoreline, or from the outer limit of a wetland boundary.
[Added 12-2-2015 by Ord. No. 2015-05]
WETLANDS
Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. An area meeting the current, official wetland definition of the United States Army Corps of Engineers or the Pennsylvania Department of Environmental Protection shall be considered a wetland. In the event that there is a conflict between the definitions of these agencies, the more inclusive definition shall apply.[3]
[Amended 12-2-2015 by Ord. No. 2015-05]
WETLANDS VEGETATION
Those plant species that have adapted to saturated soils or periodic inundations; plants that typically occur in wetlands.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The former definitions of “flood hazard area” and “floodplain area,” added 10-11-2006 by Ord. No. 2006-07, which immediately followed this definition, were repealed 12-2-2015 by Ord. No. 2015-05.
[3]
Editor's Note: The former definition of "wetlands margin," as amended, which immediately followed this definition, was repealed 12-2-2015 by Ord. No. 2015-05.