[Ord. 524, 12/31/1991; as amended by Ord. 545, 4/8/1996,
§ 1; by Ord. 547, 5/13/1996, § XVI; by Ord. 549,
9/9/1996, § 1; by Ord. 584, 9/7/1999, § 2; by
Ord. 07-613, 3/13/2007, § 2; by Ord. 07-617, 9/11/2007;
and by Ord. 09-640, 5/12/2009]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Chapter 27 to have the meanings herein indicated. The word "used" shall include the words "arranged," "designed," or "intended to be used." The word "building" shall include the word "structure."
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
A use subordinate to the main use of land or of a building
on a lot and customarily incidental thereto.
An establishment, having as a substantial or significant
portion of its stock-in-trade (for sale or rental), books, magazine
and other materials which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined herein.
Any adult bookstore, adult cabaret or adult mini-motion-picture
theater, as defined herein, and which, under the State Obscenity Act,
18 Pa. C.S.A. § 5903 must exclude minors or may not knowingly
disseminate to minors.
A cabaret, tavern, theater or club which features strippers,
male or female impersonators or similar entertainers who exhibit,
display or engage in nudity, sexual conduct or sadomasochistic abuse,
as defined by the State Obscenity Act, 18 Pa. C.S.A. § 5903.
An enclosed building offering video presentations distinguished
or characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical
areas" for observation by patrons within private viewing booths and/or
by use of token or coin-operated projectors or other video machines.
Any business, indoor or outdoor, which exhibits a motion
picture show or other presentation which, in whole or in part, depicts
nudity, sexual conduct, or sadomasochistic abuse as defined in the
State Obscenity Act, 18 Pa. C.S.A. § 5903.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
[Added by Ord. 2015-696, 10/13/2015]
Two or more rooms of which one shall be an adequately equipped
private bathroom excepting in the case of a housekeeping apartment,
which shall consist of three or more rooms of which one shall be an
adequately equipped private bathroom and another an adequately equipped
private kitchen, the rooms being designed for and occupied exclusively
as a residence for only one family.
A single building designed for and occupied exclusively as
a residence for three or more families, living independently of one
another. A basement in an apartment house shall not contain habitable
rooms except janitor's living quarters.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
A station at a specified site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies, and other associated electronics.
[Added by Ord. 2015-696, 10/13/2015]
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
The aggregate of the maximum horizontal cross-section areas,
excluding cornices, eaves, and gutters, of all buildings on a lot.
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located.
The placement or installation of new wireless telecommunications
facilities on previously approved and constructed wireless support
structures, including self-supporting or guyed monopoles and towers,
electrical transmission towers, water towers, or any other structure
not classified as a wireless support structure that can support the
placement or installation of wireless telecommunications facilities
if approved by the Township. The term includes the placement, replacement,
or modification of accessory equipment within a previously approved
equipment compound.
[Added by Ord. 2015-696, 10/13/2015]
Any area of land and/or water designed for joint use providing
conservation of natural features and recreational enjoyment of tenants
and/or owners occupying a development and/or residents of the Township,
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.
A use permitted in a particular zoning district subject to
specific standards which may be approved or denied by the Board of
Commissioners following recommendations by the Township Planning Commission.
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to consumer practices) or any successor
regulation and which complies with the provisions for consumer fireworks,
as defined in the American Pyrotechnics Association (APA) Standard
87-1, including but not limited to Sections *3.1 and *3.5, or any
successor standard. The term does not include devices such as ground
and handheld sparkling devices, as defined in APA Standard 87-1, Section
*3.1.1, novelties, as defined in APA Standard 87-1, Section *3.2,
or toy caps, as defined in APA Standard 87-1, Section *3.3.
[Added by Ord. No. 2018-723, 10/9/2018]
An open space substantially enclosed on all sides by the
walls of a building.
An open space partly enclosed by the walls of a building.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the Township
lies.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Board of Commissioners;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or land development.
Defined as more fully set forth in 27 CFR 555.11 (Meaning
of terms), which is incorporated herein by reference, which meet the
types of display fireworks devices set forth in the APA Standard 87-1,
Section *4.1, which comply with requirements for display fireworks
set forth in APA Standard 87-1.
[Added by Ord. No. 2018-723, 10/9/2018]
A network of spatially separated antenna nodes connected
to a common source via transport medium that provides wireless service
within a geographic area or structure.
[Added by Ord. 2015-696, 10/13/2015]
A building or part of a building constructed for or intended
for occupancy as a permanent residence, containing one or more dwelling
units. Housing facilities for rental to transient guests or which
are part of a medical, instructional or religious institution, such
as hotels and motels, rooming houses, tourist homes, institutional
homes, hospitals or residential clubs, are excluded from the definition
of "dwelling." For purposes of this chapter, dwelling types include
the following, not considering ownership or leasing arrangements:
SINGLE-FAMILYA building on a lot, designed and occupied exclusively as a residence for one family.
TWO-FAMILYA building, on a lot, designed and occupied exclusively as a residence for two families, with one family living wholly or partly over the other.
MULTIPLEA building, on a lot, designed and occupied exclusively as a residence for three or more families.
An assemblage of equipment for purposes other than generation
or utilization, through which electric or gas energy in bulk is passed
for the purposes of switching or modifying its characteristics to
meet the needs of the general public, provided that in residence districts
an electric or gas substation shall not include rotating equipment,
storage of materials, trucks or repair facilities, or housing of repair
crews.
Any use or facility for which primary reliance is placed
upon computers, broadcasting or other advances in electronic technology
in order to communicate the written or spoken word.
A condition that:
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added by Ord. 2015-696, 10/13/2015]
Any number of individuals living in a single, nonprofit housekeeping
unit and doing their cooking on the premises, when said individuals
are related by blood, marriage or adoption; or no more than four unrelated
individuals living together as a single nonprofit housekeeping unit
and doing their cooking on the premises. A "group home," or a "sober
living home," as these terms are defined herein, shall be considered
a "family." This term specifically excludes individuals and groups
occupying: a boardinghouse or rooming house; a lodging house; a club;
a group home, except as defined herein; a fraternity; a hotel; or
a similar living environment.
[Amended by Ord. No. 2015-691, 3/10/2015; and by Ord. 2018-725, 10/9/2018]
Any building used for storing agricultural equipment or farm
produce, housing livestock or poultry, and processing dairy products.
The term "farm building" shall not include dwellings.
Federal Communications Commission.
[Added by Ord. 2015-696, 10/13/2015]
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of 1.4G fireworks
or 1.3G fireworks as set forth in the 2003 International Fire Code,
including, but not limited to, those compositions or devices as defined
in APA Standard 87-1.
[Added by Ord. No. 2018-723, 10/9/2018]
A residential facility used as living quarters by four or
more unrelated individuals, each of whom is handicapped within the
meaning of the Fair Housing Act, 42 U.S.C. § 3601 et seq.,
living together, long-term, as a single, nontransient housekeeping
unit, with such nonresident staff as may be needed to assist the residents
with their daily life activities. To be considered a single, nontransient
housekeeping unit, all residents must have common use of and access
to all living areas, eating areas, bathrooms and food preparation
and serving areas. A "group home" constitutes a "family," as defined
herein. The maximum number of residents for a "group home," as defined
herein, shall not exceed the maximum number of occupants as set forth
by the applicable building code, fire code, and any other similar
code that sets forth a maximum occupancy limit for a dwelling or building.
This definition shall not include a "sober living home," as separately
defined herein.
[Added by Ord. 2015-691, 3/10/2015; as amended by Ord.
No. 2018-725, 10/9/2018]
A building's vertical measurement from the mean level of
the ground abutting the building to a point midway between the highest
and lowest points of the roof; provided that chimneys, spires, towers,
elevator penthouses, tanks, and similar projections of the building
shall not be included in calculating the height. Communication towers
and antennae extending more that 15 feet above the highest point of
the roof shall be prohibited.
A facility offering transient lodging accommodations to the
general public and providing additional services, such as restaurants,
meeting rooms, and recreation facilities. This use shall include extended-stay
or suites-only operation, provided that the maximum stay for guests
shall not exceed four consecutive weeks during a period of six months.
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 or 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 Pennsylvania
Municipalities Planning Code.
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
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the plat thereon of mobile homes.
The improvement, upgrade, or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure, or the improvement, upgrade, or expansion of the
wireless telecommunications facilities located within an existing
equipment compound, if the improvement, upgrade, expansion, or replacement
does not substantially change the physical dimensions of the wireless
support structure.
[Added by Ord. 2015-696, 10/13/2015]
A steel flanged or tapered steel pole structure erected on
the ground or on top of a structure, to support communications antennas.
[Added by Ord. 2015-696, 10/13/2015]
An establishment providing transient accommodations with
at least 25% of all rooms having direct access to the outside without
the necessity of passing through a main lobby of the building.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation, and Storage of Fireworks and
Pyrotechnic Articles, 2006 edition, or any subsequent edition.
[Added by Ord. No. 2018-723, 10/9/2018]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
Articles of trade having amusement value and whose appeal
is often transitory, and which is limited to those items for sale
described in American Pyrotechnics Association (APA) Standard 87-1,
Section *3.2.
[Added by Ord. No. 2018-723, 10/9/2018]
A facility, or portion thereof, designed and used for the
full time skilled or intermediate nursing care of patients residing
on the premises.
A dwelling unit with residents requiring supervision and
assistance in such matters as dressing, bathing, diet and medication
and housekeeping but not requiring hospitalization or skilled nursing
care.
An accessory building or part of a main building used for
the storage of any number of motor vehicles owned and used by the
owner or tenant of the premises, and for the storage of not more than
two motor vehicles owned and used by persons other than the owner
or tenant of the premises. No more than one commercial vehicle or
truck may be stored in a private garage.
An original model after which other similar things are patterned.
A building, not a private garage, used for the storage, repair
or servicing of motor vehicles of any type or ownership.
Includes:
A formal meeting held pursuant to public notice by the Board
of Commissioners or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
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.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A dwelling unit containing not more than two persons on a
permanent basis not necessarily related by blood or marriage who maintain
independent living, including a kitchen, and have available to them
protective care and security provided in a residential environment.
The surface of and space above and below any real property
in the Township in which the Township has regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks, or
any other public place, area, or property under the control of the
Township, and any unrestricted public or utility easements established,
dedicated, platted, improved, or devoted for utility purposes, but
excluding lands other than streets that are owned by the Township.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
[Added by Ord. 2015-696, 10/13/2015]
Any name, nameplate, banner, billboard, streamer, poster
panel, display, illustration, structure or device used for visual
communication which is affixed, painted or represented directly or
indirectly upon a building or other outdoor surface for the purpose
of either identifying or advertising a business, profession, commodity,
product or service or for any other purpose; and regardless of what
material constructed.
The ownership of a lot by one or more persons, partnerships,
or corporations, which ownership is separate and distance from that
of any adjoining lot.
A residential facility used by four or more individuals residing
together voluntarily or by court requirement to recover from drug,
alcohol, and/or substance abuse and that does not include the current
illegal use of or addition to a controlled substance as defined in
21 U.S.C. § 802. Such facility must also serve as a transitional
environment between rehabilitation facilities and reintegration into
such individuals' future lives. This definition shall include sober
houses, recovery houses, or sober living environments. This term specifically
excludes individuals and groups occupying: a boardinghouse or rooming
house; a lodging house; a club; a group home; a fraternity; a hotel;
or a similar living environment. The maximum number of residents for
a "sober living home," as defined herein, shall not exceed the maximum
number of occupants as set forth by the applicable building code,
fire code, and any other similar code that sets forth a maximum occupancy
limit for a dwelling or building.
[Added by Ord. No. 2018-725, 10/9/2018]
A use permitted in a particular zoning district pursuant
to the provisions of this chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. §§ 10601 et seq.,
10901 et seq.
Camouflaging methods applied to wireless telecommunications
towers, antennas and other facilities which render them more visually
appealing or blend the proposed facility into the existing structure
or visual backdrop in such a manner as to render it minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennas, building-mounted
antenna painted to match the existing structure, and facilities constructed
to resemble trees, shrubs, and light poles.
[Added by Ord. 2015-696, 10/13/2015]
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
The dividing line between a lot and the outside boundary
of a public street, road, or highway legally open or officially plotted
by the Township, or between a lot and a private street, road or way
over which the owners or tenants of two or more lots held in single
and separate ownership have the right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any increase in the height of a wireless support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless telecommunications facility may exceed the size limits set
forth herein if necessary to avoid interference with existing antennas.
[Added by Ord. 2015-696, 10/13/2015]
A building and its equipment erected and used for the purposes
of facilitating transmission and exchange of telephone or radio-telephone
messages between subscribers, and other business of the telephone
company; but in residence districts not to include public business
facilities, storage of materials, trucking or repair facilities, or
housing of repair crews.
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail sales stands, tents, canopies, and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks under this chapter.
[Added by Ord. No. 2018-723, 10/9/2018]
The total acreage within the lot lines, excluding that area
continuously covered with water and rights-of-way of existing public
roads and rights-of-way or easements of overhead utility lines.
An area zoned as a TC Trailer District for use by trailers
of all descriptions.
That floor area which is allocated to a particular tenant's
personal use and does not include common corridors, power rooms, elevators,
basements and equipment rooms. The usable area is computed by measuring
the finished surface of the tenant's side of the common corridor and
other permanent walls, to the center of the partitions that separate
the adjoining usable areas, and to the inside finished surface of
the dominant portion of the permanent outer building walls.
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
Transmission through the airwaves, including but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added by Ord. 2015-696, 10/13/2015]
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure that could
support the placement or installation of wireless telecommunications
facilities if approved by the Township.
[Added by Ord. 2015-696, 10/13/2015]
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling, generators, and accessory
equipment, used to provide wireless data and telecommunications services.
The term shall not include the wireless support structure.
[Added by Ord. 2015-696, 10/13/2015]
FRONTThe required open space, extending along the street line throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
SIDEThe required open space, extending along the side line of the lot throughout the full depth of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
REARThe required open space, extending along the rear line of the lot throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
[Ord. 524, 12/31/1991]
1.Â
If it appears to the Township that a violation of this chapter has
occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
2.Â
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner
of record.
3.Â
An enforcement notice shall state at least the following:
A.Â
The name of the owner of record and any other person against whom
the Township intends to take action.
B.Â
The location of the property in violation.
C.Â
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.Â
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.Â
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days.
F.Â
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
[Ord. 524, 12/31/1991]
In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, the Board of Commissioners
or, with the approval of the Board of Commissioners, an officer of
the Township, or any aggrieved owner or tenant of real property who
shows that his property or person will be substantially affected by
the alleged violation, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure, landscaping or land, or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the Township at
least 30 days prior to the time the action is begun by serving a copy
of the complaint on the Board of Commissioners. No such action may
be maintained until such notice has been given.
[Ord. 524, 12/31/1991]
1.Â
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by the district justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the District
Justice determining that there has been a violation further determines
that there was a good-faith basis for the person, partnership or corporation
violating this chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the district justice and thereafter each day that a violation continues
shall constitute a separate violation.
2.Â
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
3.Â
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
4.Â
District Justices shall have initial jurisdiction over proceedings
brought under this section.
