[Ord. 94, 6/8/1988, § 200; as amended by Ord. 113,
1/16/1990, § 1]
1.Â
Unless otherwise expressly stated or the context clearly indicates
another meaning, the following words and phrases shall be construed
throughout this chapter to have the meanings indicated below:
A.Â
The present tense includes all other tenses; the singular includes
the plural, and the plural includes the singular; the masculine gender
includes the feminine and neuter; the word "used" includes the words
"designed" or "arranged"; the word "person" includes any individual,
estate, trust, fiduciary, partnership, association, corporation, or
any other organization or entity, including the principal officers
thereof or any person or entity acting directly or indirectly by,
through, or under any of the foregoing; the word "occupied" includes
the words "designed, or intended to be occupied"; the word "shall"
is always mandatory; and the word "may" is always permissive. The
words "as amended from time to time" and the like as applied to any
statute, ordinance, code, regulation, plan or map, includes replacements,
supplements or restatements thereof; and reference to a particular
part, section or subsection which inherently refers to other parts,
sections or subsections, includes all parts, sections or subsections
referred to.
B.Â
The word "Township" means Solebury Township, Bucks County, Pennsylvania;
the term "Board of Supervisors" means the Board of Supervisors of
Solebury Township; the term "Planning Commission" means the Planning
Commission of the Township; and the term "Zoning Hearing Board" means
the Zoning Hearing Board of the Township.
C.Â
The terms "approval by the Township "shall mean approval by the Board
of Supervisors.
D.Â
The terms "such as," "including" and the like are intended to introduce
matters which are illustrative of the meaning of the sentence, clause
or phrase in which such terms appear without limiting or derogating
from the general application of the sentence, clause or phrase in
which such terms appear.
E.Â
Where a definition does not appear in this chapter, the Township Subdivision and Land Development Ordinance [Chapter 22] shall be referenced. Where the term appears in the Subdivision and Land Development Ordinance [Chapter 22], that definition shall govern. Any other word or term not defined herein shall be used with a meaning of standard usage.
[Amended by Ord. No. 2021-007, 10/19/2021]
[Ord. 94, 6/8/1988, § 201; as amended by Ord. 108,
7/18/1989, § 1; by Ord. 113, 1/16/1990, §§ 2–45,
98–105; by Ord. 138, 5/26/1992, §§ 5–7;
by Ord. 140, 12/1/1992, § I.1; by Ord. 153, 5/3/1994, § 1;
by Ord. 168, 3/3/1998, § II.2; by Ord. 171, 7/7/1998, § I.1;
by Ord. 178, 6/15/1999, § I.1; by Ord. 181, 5/16/2000, § I.3,
.4; by Ord. 186, 6/5/2001, § I.1, .2; by Ord. 189, 10/16/2001,
§ I.1; by Ord. 190, 11/8/2001, § II; by Ord. 194,
10/1/2002, § I.2, .3, .4; by Ord. 196, 11/19/2002, §§ I,
II; by Ord. 200, 3/18/2003, § I; by Ord. 203, 5/6/2003,
§ I; by Ord. 204, 5/22/2003, § I; by Ord. 206,
8/5/2003, § 1; by Ord. 2005-6, 7/5/2005, § 1;
by Ord. 2006-3; 2/21/2006, Art. II; by Ord. 2007-6, 9/4/2007, §§ 01,
09; by Ord. 2007-7, 9/4/2007, § I; by Ord. 2011-4, 5/3/2011,
Arts. I–III; by Ord. 2011-7, 6/21/2011, Art. I; by Ord. 2012-5,
10/16/2012, Art. I; by Ord. 2014-5, 5/22/2014, Arts. I, II; by Ord.
2015-3, 3/16/2015, Art. I; and by A.O.]
For the purpose of this chapter, the following words, terms
and phrases have the meaning indicated herein:
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A).
The cessation of a use of a property (land and/or structures)
by the landowner, with the intention of not resuming the use of the
property.
The owner of record of a parcel of land which is contiguous
at any point to the parcel in question or which is on the other side
of a section of street (public or private) on which the subject parcel
has frontage i.e., a lot across from the subject parcel.
A building subordinate to the principal permitted building
on a lot, designed and used for purposes which are customarily accessory
to the principal use of the lot.
A second or third dwelling unit located on a single lot which
meets the following criteria:
A use conducted on the same lot as a principal permitted
use to which it is related. A use which is clearly incidental to,
and customarily found in connection with, a particular principal permitted
use of a lot.
Any structure that is related to an accessory use and is
located on the same lot as a principal permitted use, such as parking
areas, driveways, signs, barns, garages, sheds, fencing, walls, tennis
courts, basketball courts, swimming pools, pavements, and the like.
A strip of land which provides access, such as a street,
an easement or a driveway.
An area of land and/or water which equals 43,560 square feet,
measured on horizontal plans.
Use involving leisure time activities and/or areas, typically
involving sports, requiring equipment, or occurring at prescribed
sites or fields, (e.g., soccer, football, baseball, tennis, swimming,
fitness trails, and the like).
A retail store or stores commonly known as adult bookstore,
or adult store being an establishment with more than 15 square feet
of floor area devoted to the display and sale of books, magazines,
cassettes, periodicals, or similar items, which is distinguished or
characterized by an emphasis on pornographic material, or obscene
material as defined by the Consolidated Pennsylvania Statutes, Act
1972, December 6, No. 334, (18 Pa.C.S.A. § 5903).
Results contributing to a harmful or degraded condition and/or
producing environmental harm or degradation. Adverse environmental
impacts may include: a negative impact on surrounding land uses; negative
impacts which are contrary to the Comprehensive Plan and the intent
of this chapter; negative impacts which may create a threat to the
public health, safety and general welfare; and negative impacts on
naturally occurring physical and biological resources and systems.
The aerial cover formed by the outermost leaves and branches
on the tree within the tree mass or plant community.
[Added by Ord. No. 2021-007, 10/19/2021]
Land available for agricultural purposes that contains soils
with a Land Capability Classification of Class 1 or Class 2 or listed
as Prime Farmland in the Official Soil Survey provided by the U.S.
Department of Agriculture, Natural Resources Conservation Service,
Web Soil Survey (http://websoilsurvey.nrcs.usda.dov/) and/or Bucks
County Conservation District. In addition, other lands available for
agricultural purposes identified in the Official Soil Survey with
a Land Capability Classification of Class 3 or listed as Farmlands
of Statewide Importance in the Official Soil Survey are also considered
agricultural land of the purposes of this chapter, unless otherwise
specified. Within the Township they include, but are not limited to,
the following:
Prime Agricultural Soils.
|
Manuscript Symbol
|
Soil Name
| |
|---|---|---|
|
AIA
|
Alton gravelly loam, 0% to 3% slopes
| |
|
BeA
|
Bedington channery silt loam, 0% to 3% slopes
| |
|
BeB
|
Bedington channery silt loam, 3% to 8% slopes
| |
|
BsA
|
Brownsburg silt loam, 0% to 3% slopes
| |
|
BsB
|
Brownsburg silt loam, 3% to 8% slopes
| |
|
CmB
|
Clarksburg silt loam, 3% to 8% slopes
| |
|
DaB
|
Delaware loam, 3% to 8% slopes
| |
|
DfB
|
Duffield silt loam, 3% to 8% slopes
| |
|
DuA
|
Duncannon silt loam, 0% to 3% slopes
| |
|
DuB
|
Duncannon silt loam, 3% to 8% slopes
| |
|
FoB
|
Fountainville silt loam, 3% to 8% slopes
| |
|
GrB
|
Glenville silt loam, 3% to 8% slopes
| |
|
LgA
|
Lansdale loam, 0% to 3% slopes
| |
|
LgB
|
Lansdale loam, 3% to 8% slopes
| |
|
LkA
|
Lawrenceville silt loam, 0% to 3% slopes
| |
|
LmB
|
Lehigh channery silt loam, 3% to 8% slopes
| |
|
Lt
|
Linden loam
| |
|
MIA
|
Mount lucas silt loam, 0% to 3% slopes
| |
|
MIB
|
Mount lucas silt loam, 3% to 8% slopes
| |
|
NbB
|
Neshaminy silt loam, 3% to 8% slopes
| |
|
PeA
|
Penn channery silt loam, 0% to 3% slopes
| |
|
PeB
|
Penn channery silt loam, 3% to 8% slopes
| |
|
PnB
|
Penn-Lansdale complex, 3% to 8% slopes
| |
|
ReA
|
Readington silt loam, 0% to 3% slopes
| |
|
Ro
|
Rowland silt loam
|
Agricultural Soils of Statewide Importance. The following soil
types shall be recognized and classified as Agricultural Soils of
Statewide Importance:
|
Manuscript Symbol
|
Soil Name
| ||
|---|---|---|---|
|
AbA
|
Abbottstown silt loam, 0% to 3% slopes
| ||
|
AbC
|
Abbottstown silt loam, 8% to 15% slopes
| ||
|
AmA
|
Amell silt loam, 0% to 3% slopes
| ||
|
AmB
|
Amell silt loam, 3% to 8% slopes
| ||
|
AmC
|
Amell silt loam, 8% to 15% slopes
| ||
|
BsC
|
Brownsburg silt loam, 8% to 15% slopes
| ||
|
BwB
|
Buckingham silt loam, 3% to 8% slopes
| ||
|
CbA
|
Chalfont silt loam, 0% to 3% slopes
| ||
|
CbB
|
Chalfont silt loam, 3% to 8% slopes
| ||
|
CyB
|
Culleoka-weikert channery silt loam, 0% to 3% slopes
| ||
|
CyC
|
Culleoka-weikert channery silt loam, 8% to 15% slopes
| ||
|
DgC
|
Duffield-ryder silt loams, 8% to 15% slopes
| ||
|
FoC
|
Fountainville silt loam, 8% to 15% slopes
| ||
|
Ha
|
Hatboro silt loam (Farmland of Statewide importance)
| ||
|
KIB
|
Klinesville very channery silt loam, 3% to 8% slopes
| ||
|
LgC
|
Lansdale loam, 8% to 15% slopes
| ||
|
LgD
|
Lansdale loam, 15% to 25% slopes
| ||
|
LkB
|
Lawrenceville silt loam, 3% to 8% slopes
| ||
|
LmC
|
Lehigh channery silt loam, 8% to 15% slopes
| ||
|
MIC
|
Mount lucas silt loam, 8% to 15% slopes
| ||
|
NbC
|
Neshaminy silt loam, 8% to 15% slopes
| ||
|
PeC
|
Penn channery silt loam, 8% to 15% slopes
| ||
|
PkB
|
Penn-klinesville channery silt loam, 3% to 8% slopes
| ||
|
PkC
|
Penn-klinesville channery silt loam, 8% to 15% slopes
| ||
|
PkD
|
Penn-klinesville channery silt loam, 15% to 25% slopes
| ||
|
PnC
|
Penn-lansdale complex channery silt loam, 8% to 15% slopes
| ||
|
ReB
|
Readington silt loam, 3% to 8% slopes
| ||
|
ReC
|
Readington silt loam, 8% to 15% slopes
| ||
|
RIA
|
Reaville channery silt loam, 0% to 3% slopes
| ||
|
RIB
|
Reaville channery silt loam, 3% to 8% slopes
| ||
|
RIC
|
Reaville channery silt barn, 8% to 15% slopes
| ||
|
StB
|
Steinsburg gravelly loam, 3% to 8% slopes
| ||
|
StC
|
Steinsburg gravelly loam, 8% to 15% slopes
| ||
|
If, in the future, the United States Department of Agriculture,
Natural Resources Conservation Service, Soils Survey, Bucks County,
2002, is amended or revised to include different soils types under
the classification of Prime Agricultural Soils or Agricultural Soils
of Statewide Importance, the definition of "productive agricultural
soils" contained herein shall be deemed to be amended to include such
soils.
| |||
A principal use involving: the cultivation of the soil; the
raising, keeping and/or training of livestock and poultry; and the
harvesting of the products of the soil. The term "agricultural use"
shall include farming, animal husbandry, riding academy, horticulture
and forestry.
Any change in the exterior or structural portion of a building;
any change to or in a building which would alter its use classification;
or any change which would alter the type or method of sewage disposal
system.
See "structural alteration."
Choices between or among two or more plans, layouts, approaches,
solutions and/or results.
The all encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
An entertainment facility operated as a business within a
building or structure providing four or more automatic amusement devices
or games, such facility also includes pool or billiard rooms and similar
facilities.
Goods and objects (such as furniture, textiles, silverware,
glass, jewelry and baskets) made in a former period and considered
to be of value due to their quality, style, appearance or age.
A dwelling unit in a building which contains one or more
other similar units; another residence as a primary use; or another
allowable use.
Applicant includes a landowner or developer, including heirs,
successors. assigns and grantees who has filed a complete application
for subdivision and/or land development, as hereinafter defined, or
a complete application for a special exception, variance conditional
use, or permits. A person who applies for a telecommunications facility
siting may be the landowner of record or the telecommunications service
provider or agent of record with the written permission of landowner.
Areas shown on the Zoning Map on tracts of 20 acres or larger
that are eligible for the open space option in the RB Districts, which
are comprised of very steep slopes, areas in the floodplain conservation
district, areas of carbonate geology, and/or areas with severe limitations
for septic tank filter fields.
An indoor or outdoor facility offering court or field games,
exercise equipment, swimming, skating and/or bowling.
Cars, trucks, vans, and like modes of transportation.
Parts, tires, batteries, and other supplies which are used
for automobiles.
A facility which houses an automobile body repair garage
which may include paint spraying and body and fender work. as well
as mechanical repair, within an enclosed building.
A facility that sells gasoline and/or fuels for automobiles
and motor vehicles, and/or where inspections and routine automobile
services, such as lubricating and repairing automobiles, are performed,
not to include painting or body or fender work; this use is also referred
to as a "motor vehicle fuel station."
[Added by Ord. 2017-7, 8/15/2017]
Any commercial use, or any large, regular use, of a property
involving banquets, on-site catering, celebrations, weddings, parties,
fund-raisers, retreats, conferences, or similar events. The following
definitions shall apply to define what constitutes a "commercial"
use and what constitutes a "large, regular" use.
[Added by Ord. 2018-005, 6/19/2018]
"Commericial," for the purposes of this definition, shall mean
that a monetary fee is charged and/or received for the purposes of
utilizing the space and/or holding the event.
A "large, regular" user, for the purposes of this definition,
shall mean an activity with over 100 attendees that occurs more than
four times in a calendar year.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent annual chance flood").
[Amended by Ord. 2017-7, 8/15/2017]
The elevation shown on a Flood Insurance Rate Map (FIRM)
for Zones AE, AH, and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded any given year.
[Added by Ord. 2017-7, 8/15/2017]
An enclosed area of a building partly or completely below
grade. A basement shall be considered as a floor for the purpose of
gross floor area measurement if the basement ceiling is five feet
or more above the average ground level around the building. Earth
may not be piled against a building above ground to create a basement.
A building in which more than one and no more than six guest
rooms are commercially offered and/or used for the temporary lodging
of transient guests. Temporary lodging of transient guests means a
total stay of less than 30 consecutive days. Where the Township's
land use ordinances use only the term "bed-and-breakfast inn," the
term shall be deemed to also include a small short-term lodging facility.
The term "commercial," for the purposes of this definition, shall
mean that a monetary fee is charged and/or received for utilizing
a guest room.
[Amended by Ord. 2018-005, 6/19/2018; and by Ord. No. 2022-004, 7/19/2022]
Results contributing to an improvement in condition and/or
producing a favorable result such as making a use more compatible
with the intent of this chapter and the goals of the Comprehensive
Plan and promoting the public health, safety and general welfare.
A mound of earth which serves purposes such as: directing
the flow of surface water runoff, preventing soil erosion or supporting
plant materials and/or fencing to aid in screening.
Characteristics of the natural environment manifest in its
flora and fauna. The disposition of these characteristics is typically
expressed in vegetation and/or wildlife units such as: field and meadow;
tree, woodland or forest stands and related understory and ground
cover growth; and aquatic and terrestrial wildlife and/or their habitats.
Any structure having a roof supported by enclosing walls
or columns.
See "height."
The aggregate of the ground level floor areas of the principal
building and all accessory buildings. Such areas shall be computed
by using outside building dimensions measured on a horizontal plane
at ground level.
The amount of the lot area covered by buildings.
A line within a lot that defines the building envelope.
[Amended by Ord. No. 2021-007, 10/19/2021]
|
BUILDING LINE, FRONT — The rear line of the minimum front
yard at a distance measured from the street line, or in the case of
narrow lots, from a line along the point (measured from the street
from which access will be gained) where the lot first obtains the
minimum lot width, and with the distance equal to the depth of the
minimum front yard required.
| |
|
BUILDING LINE, REAR — A line parallel to the rear lot
line at a distance from the rear lot line equal to the depth of the
minimum rear yard required.
| |
|
BUILDING LINE, SIDE — A line parallel to the side lot
line at a distance from the side lot line equal to the depth of the
minimum side yard required.
|
See "building line."
[Amended by Ord. No. 2021-007, 10/19/2021]
The term used to describe the size of buildings or other
structures and their relationship to each other and to yards and lots.
The term may include: the size, height and floor area of buildings
or other structures; and, all open areas in yard space relating to
buildings and other structures.[1]
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
A commercial low-power mobile radio service bandwidth licensed
by the FCC to providers in a specific geographical area in which the
radio frequency spectrum is divided into discrete channels which are
assigned in groups to geographic cells within a service area and which
are capable of being reused in different cells within the service
area.
A burial place, graveyard, and memorial grounds for deceased
humans, including a mausoleum, crematory, columbarium or chapel, and
pet cemeteries when operated in conjunction with a cemetery and located
on such land as used for the cemetery, but excluding a funeral home
and a private cemetery as defined in 9 Pa.C.S.A. § 101.
[Added by Ord. 2018-004, 3/6/2018]
A line in the center of a street which is equidistant from
and parallel to the street lines.
The segment of the radiation spectrum to or from an antenna
which carries one signal. An antenna may radiate on many channels
simultaneously.
A use conducted by an organization which is classified as
a charity by the Internal Revenue Service.
A building or group of buildings including customary accessory
buildings designed or intended for organized religious services. The
word "church" shall include chapels, cathedrals and temples.
A nonprofit social, professional or philanthropic organization
characterized by the payment of dues, regular meetings and a constitution
and by-laws. A building is used for club or lodge purposes when it
serves as a meeting place for such organization and is not an adjunct
to or operated by or in connection with a public tavern, cafe or other
public place, although it may be used for recreational and/or dining
facilities for the membership and their guests.
A trade or professional school licensed by the state, other
than institutions included under the definition of school.
A driveway which is shared in accordance with the provisions
of Part 26.
See "open space, common."
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence mounted satellite dishes or television
antennas or amateur radio equipment including without limitation ham
or citizen band radio antennas.
An unstaffed building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
A facility operated by an educational, philanthropic, or
religious institution for adult education, civic activities and assembly.
The services which provide for various community health,
education, safety, leisure, and like needs and the locations at which
these services are provided. Typical community facilities include:
schools, parks and recreation areas, libraries, hospitals and other
health-care facilities, fire protection, police, ambulance and rescue
services and postal services.
A system of piping, septic tanks or other treatment facilities
serving more than one lot, or more than one building, collecting and
disposing of sewage which is administered and maintained by such organizations
as a homeowners' association, community association, or other like
organization of the people using the system.
An individual well or series thereof serving more than one
lot or more than one building which along with its appurtenant facilities
is administered and maintained by such organizations as a homeowners'
association, community association, or other like organization of
the people using the system.
The Solebury Township Comprehensive Plan, as may be amended
from time to time, including maps tables and text which constitute
a policy guide for decisions regarding land use, circulation, community
facilities and utilities within the Township.
A use permitted in a particular zoning district pursuant
to the provisions of Part 29.
A building or group of buildings, in which units are owned
individually, and the common areas and facilities are owned by all
the owners on a proportional, undivided basis. Also see "dwelling,
condominium."
Any easement, including, but not limited to, a conservation
easement, agricultural preservation easement, facade easement or any
other easement which places restrictions on the ability of a landowner
to use his or her land.
Any activity which may involve construction, reconstruction,
interior renovation, repair, extension, expansion, alteration, or
relocation of a building or structure, including the placement of
mobile homes and the excavation, cutting, filling, and grading of
lots in connection therewith or in preparation thereof.
A visually impenetrable screen from the ground to a height
of at least six feet created through the effective use of plant materials,
fencing, walls and/or berms.
A local street intersecting another street at one end and
terminating in a circular vehicular turn-around at the other end.
A representation of man's influence on land and/or water
through the use, organization, adornment and maintenance of property
and structures.
A use which promotes art, drama, music, science and/or history
such as a museum, theater, botanical garden or like facility.
See cultural use, religious use and/or charitable use.
A portion of land or other area from which earth has been
removed or will be removed by excavation; or, the depth below the
original ground surface of excavated surface.
Any premises in which child day care is provided for a group
of seven or more children simultaneously, who are not relatives of
the operator, including nursery schools, and is licensed by the state.
A unit for measuring the sound pressure level, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure.
Characteristics related to the distribution, density and
vital statistics of populations.
A measure of the number of dwelling units per unit of area
calculated by dividing the number of dwelling units by the buildable
site area.
[Amended by Ord. No. 2021-007, 10/19/2021]
Areas allocated to meet the requirements for open space in
the RB Residential/Agricultural District through the open space option,
as well as the Residential Development District.
Such use, whether owned and operated by the County of Bucks,
Commonwealth of Pennsylvania, or a private entity, shall be limited
to the following: 1) A juvenile detention facility as described and
regulated in 42 Pa.C.S.A. § 6327; 2) A rehabilitation center
providing for minimum-security detention of prisoners for work release
or partial confinement. Such rehabilitation centers shall not include
facilities for the total confinement of prisoners who have been sentenced
or who are awaiting trial; or 3) A penitentiary, correctional institution
or prison.
[Added by Ord. 2018-004, 3/6/2018]
Any landowner, equitable owner or authorized agent of such
landowner, or tenant with permission of the landowner, who formally
proposes or makes, or causes to be made, a subdivision, land development
or any other development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets or other paving, utilities, filling,
grading, regrading, excavation, mining, dredging or drilling operations.
Routine maintenance, incidental grading or gardening, cultivation
and the like, and minor structural alterations, such as replacements
to damaged or destroyed parts of structures, shall be exempted.
A facility that, for compensation, takes in and cares for five
or fewer dogs owned by others on an hourly, daily, weekly, or monthly
basis.
[Added by Ord. 2018-004, 3/6/2018]
This use does not include occasional or infrequent dogsitting
on behalf of a neighbor or friend who chooses to compensate the person
for caring for their dog(s).
[Added by Ord. No. 2018-010, 12/11/2018]
A building occupied by and maintained exclusively for faculty,
students or other such persons affiliated with a school, church, recreational
or educational facility or other recognized institution regulated
by such institution.
A private accessway for vehicles which connects a street
to a parking space, garage, dwelling, other structure or use.
An application for approval by the Township which is complete
in terms of plans, reports, studies, maps, investigations, analyses,
exhibits, fees, and the like. Applications for permits, variances,
special exceptions, conditional uses, subdivision, land development
and the like shall not be considered as being duly filed unless all
plans and papers are submitted as required by the Township.
A building occupied exclusively for residential purposes,
including a mobile home, but excluding a residential club or lodge
and the like. This definition shall also exclude a dormitory, bed-and-breakfast
inn/small short-term lodging facility, and hotel, motel, or inn/large
short-term lodging facility, except as set forth in the definition
of "dwelling unit." This definition shall be interpreted in a manner
that complies with federal and state antidiscrimination laws, including
those regarding fair housing.
[Amended by Ord. 2018-005, 6/19/2018]
A dwelling in combination may be used as an accessory use
with an institutional, commercial, consumer service, or office use
that is permitted within the district. The dwelling unit can be located
above the office or commercial establishments or in a separate building(s)
provided that the lot area, setbacks, and parking requirements for
each use are satisfied.
A building, or portion thereof, forming a single habitable unit with facilities that are used, intended to be used, or could be used for living, sleeping, cooking and eating exclusively by one family. Each living quarters for resident innkeepers at a bed-and-breakfast inn/small short-term lodging facility or hotel, motel, or inn/large short-term lodging facility shall be considered a "dwelling unit" and shall meet the requirements of § 27-2602, Subsection 1OO. (Bed-and-Breakfast Inn/Small Short-Term Lodging Facility) or § 27-2602, Subsection 1PP (Hotel, Motel, or Inn/Large Short-Term Lodging Facility), whichever applies. Each living quarters in a dormitory shall also be considered a "dwelling unit."
[Amended by Ord. 2018-005, 6/19/2018]
A building designed for and occupied by one or more individuals
who are 55 years of age or older, and/or defined as elderly by the
United States of America or the Commonwealth of Pennsylvania in connection
with and for purposes of housing programs. This shall not be construed
to restrict the housing choices in the Township of any person who
meets the criteria for living in an age-qualified detached dwelling.
[Amended by Ord. No. 2019-002, 1/15/2019]
A property owned and maintained in accordance with the Pennsylvania Uniform Condominium Act 68 of 1980, as amended, and in accordance with the provisions for open space, roads, or other development features in this chapter and Subdivision and Land Development Ordinance [Chapter 22].
A building designed for and occupied exclusively as a residence
for three or more families living independently of one another.
A multifamily dwelling, where individual dwelling units share
a common outside access and share a common yard area. Such dwellings
contain three or more dwelling units in a single structure separated
by party walls.
A dwelling or group of dwellings specifically designed for
retired or elderly persons.
A dwelling with party walls separating two or more dwelling
units and having independent and separate exterior access such as
duplex, quadruplex, multiplex, townhouse, patio house, atrium house,
and/or other like units.
A single-family, semi-attached dwelling having two individual
dwelling units: either from ground to roof separated by one unpierced
party wall in common with the other dwelling unit; or on two horizontal
planes, over and under.
An attached dwelling where all dwelling units typically have
independent outside access and may be arranged in a variety of configurations
such as side by side, back to back or vertically. Such dwellings may
involve a quadraplex configuration, where four dwelling units are
attached in a structure of group.
A single-family, attached dwelling within a building with
more than one other single-family attached dwelling units separated
by one or two unpierced party walls from ground to roof.
A building designed for and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
dwelling unit. Where a private garage is structurally attached to
such building, it shall be considered a part of the dwelling.
A transportable single-family dwelling unit 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 building designed for and occupied exclusively as a dwelling
for two families.
A non-possessory interest without profit which the owner
of one piece of land has in the land of another.
Characteristics related to the expenditures and revenues
in conjunction with the management of income of a household, private
business, community, association and/or government.
A use whereby instruction is offered by a public or private
institution which is licensed by the state or a use and a use of land
or structures by a public or nonprofit group or agency, which is not
conducted as a commercial enterprise, for the assemblage, storage,
archiving and generation of academic or educational materials for
the education and information of the public, which shall include,
but is not necessarily limited to, matters of environmental, historic
and other public interest, as determined by the Board of Supervisors.
This use shall include dormitories and fraternity or sorority houses.
[Amended by Ord. No. 2019-002, 1/15/2019]
Any occurrence or set of circumstances involving actual or
imminent physical or mental trauma to persons or significant property
damage, typically sudden in nature.
Fire, ambulance, rescue and other like services of municipal
or volunteer nature.
Any work performed for the purpose of preventing or mitigating
the physical or mental trauma or property damage threatened or caused
by an emergency.
A person duly registered by the Commonwealth of Pennsylvania
to practice professional engineering.
An addition to the floor area or the increase in size or
volume of an existing structure, an increase in the area of a parcel
which is occupied by an existing use, or an increase in the intensity
of a use as a result of increased parking, traffic generation, sewage
disposal system or other impacts on surrounding land uses, existing
or zoned.
The conditions, resources and/or characteristics which exist
within and surround the area to be affected by a project including,
but not limited to: natural elements such as land, water, air, minerals,
natural flora and fauna; and man-made components such as objects of
historic or aesthetic significance, infrastructure, and man-related
attributes of a social and economic nature.
The performance standards set forth in Part 25 pertaining
to environmental quality and environmental degradation.
A use conducted by an environmental agency or institution,
which is comprised of outdoor and indoor educational facilities and
buildings for classrooms, libraries, offices, museums, storage of
equipment and supplies, sales of environmental education related items,
and laboratories.
An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental and cultural effects of a proposed project and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
One or more individuals living together in a dwelling unit
as a single housekeeping unit. This definition shall be interpreted
in a manner that complies with federal and state antidiscrimination
laws, including those regarding fair housing. To qualify as a "single
housekeeping unit," the group of individuals in a single household
must both 1) function as a family in the household, and 2) be nontransient.
To be considered nontransient, the group must be stable and permanent,
and its composition must not change multiple times in a year. This
definition of "family" expressly excludes occupants of a club, fraternity
or sorority house, or lodge; guests at a bed-and-breakfast inn/short-term
lodging facility or hotel, motel, or inn/large short-term lodging
facility; and those residing in a dormitory.
[Amended by Ord. 2018-005, 6/19/2018]
A medical facility that specializes in the care of farm animals
and livestock, such as horses, cows, and sheep. This term shall include
any boarding facilities for such animals, including kennels, that
serve only the veterinary office use.
[Added by Ord. 2018-004, 3/6/2018]
Any building used for the storage of agricultural equipment
or farm produce, or housing livestock or poultry. The term "farm building"
shall not include the following dwellings, kennels, stables or other
shelters for animals not used for agricultural purposes. The term
"farm building" shall also not include farm animal veterinary care
facilities or dog daycares.
[Amended by Ord. 2018-004, 3/6/2018; and by Ord. No. 2018-010,
12/11/2018]
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of any portion
of the land.
The final vertical elevation above or below sea level of
the ground surface after development.
Market held in an open area, building or other structure
where goods are offered for sale to the public by transient retail
merchants.
A temporary inundation of normally dry land areas.
[Amended by Ord. 2017-7, 8/15/2017]
Any combination of structural and non-structural 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 by creating watertight walls
impermeable to the passage of water, and by resisting hydraulic loads
and effects of buoyancy.
A relatively flat or low land area which is subject to partial
or complete inundation, from an adjoining or nearby stream, river,
or watercourse, and any area subject to unusual and rapid accumulation
of surface water from any source.
[Amended by Ord. 2017-7, 8/15/2017]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
[Amended by Ord. 2017-7, 8/15/2017]
See "gross floor area" and "net floor area."
See "woodland."
The systematic management and maintenance of forests and
woodlands for purposes such as: the production of timber and other
forest products, watershed protection, recreation and open space preservation
and conservation.[2]
A dwelling affiliated with a single-sex university or college
students' society or used by such a society for residential or other
purposes. Sometimes referred to as "Greek housing" or "Greek life
housing."
[Added by Ord. No. 2019-002, 1/15/2019]
A building used for the preparation of the deceased for burial
or cremation and the display of the deceased and ceremonies connected
therewith before burial or cremation.
An accessory building or part of a principal permitted building
used for the storage of motor vehicles owned and used by the owner
or tenant of such principal permitted building.
A building, not a private or minor garage, used for the storage
or repair of motor vehicles for compensation.
See "density."
The sum of the horizontal areas of all floors of a building
measured from the exterior face of exterior walls, or from the center
line of a wall separating two buildings, but not including interior
parking spaces, loading space for motor vehicles, or any space where
the average floor-to-ceiling height is less than six feet.[3]
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
The vertical distance of a building or structure measured
from the lowest elevation of the finished grade to the mean elevation
of the highest roof.
Sites, areas, structures, trails and/or routes which are
valued due to their significance as examples and/or locations of events
customs, skills and/or arts of the past.
An activity for financial gain customarily carried on in a dwelling, or in a building or structure accessory to a dwelling, as an accessory use of the dwelling, in accordance with § 27-2603.
The art and practice of propagating and cultivating plants
for their produce or for ornament.
An establishment, licensed by the Pennsylvania Department
of Health, which provides health services primarily for inpatient
medical or surgical care of the sick or injured, including such related
facilities as laboratories, out-patient departments, training facilities,
central services facilities and staff offices as an integral part
of the establishment.
A building or group of buildings utilizing seven or more
guest rooms that are commercially offered and/or used for the temporary
lodging of transient guests. Temporary lodging of transient guests
means a total stay of less than 30 consecutive days. The term "commercial,"
for the purposes of this definition, shall mean that a monetary fee
is charged and/or received for utilizing a guest room.
[Amended by Ord. 2018-005, 6/19/2018; and by Ord. No. 2022-004, 7/19/2022]
The power of an event or condition to produce changes in
other conditions. In the context of impact exerted on the environment,
changes which effect existing conditions and/or quality are of greatest
concern.
Impervious surfaces are those surfaces that do not absorb
water. All buildings, including roof overhangs, parking areas, driveways,
roads, sidewalks and such areas as those in concrete and asphalt shall
be considered impervious surfaces. Other areas determined by the Township
Engineer to be impervious will also be classified as impervious surfaces.
[Amended by Ord. No. 2021-007, 10/19/2021]
A ratio which is measured by dividing the total areas of
all impervious surfaces within the site by the site area.
Physical addition and changes to land such as grading, paving,
curbing, fire hydrants, water mains, sanitary sewers, capped sewers,
storm sewers, storm drains, catch basins, culverts, sidewalks, monuments,
crosswalks, bridges, earthworks, streetlights, wells, sewage disposal
systems, street trees and other plantings, and other structures that
may be necessary to produce usable and desirable land development.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
A structure or use necessary during construction or other
special circumstances of a nonrecurring nature, and incidental only
to housing projects or construction projects, including such structures
and uses as storage of building materials and machinery, the processing
of building materials, and a real estate office located on the tract
being offered for sale.
[Added by Ord. 2018-005, 6/19/2018]
An enclosed device using controlled combustion for the primary
purpose of thermally breaking down solid waste, and which is equipped
with a flue.
A noncommercial pile of organic materials, such as leaves,
grass or food waste scraps, placed in a designated area or bin in
order to facilitate the breakdown of the organic materials by microorganisms
into compost for use on the property on which the materials are located.
This term does not include normal farming operations that are conducted
in compliance with applicable laws.
[Added by Ord. 2018-004, 3/6/2018]
The basic installations and facilities on which the continuance
and growth of a community depend such as roads, schools, electrical
transmission facilities, transportation and communication systems,
and sewer and water systems.
See "hotel, motel or inn."
See "lot, interior."
A body of water flowing in a channel or bed composed primarily
of substrates associated with flowing water, which, during periods
of the year, is below the local water table and obtains its flow from
both surface runoff and groundwater discharges.
[Added by Ord. No. 2021-007, 10/19/2021]
An establishment where six or more dogs, cats or like domesticated
animals more than one-year old are kept, boarded, groomed, trained,
raised or bred for compensation.
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams, or result from
excavation. The shoreline of such water bodies shall be measured from
the spillway crest elevation rather than permanent pool if there is
any difference. Lakes are bodies of water two or more acres in extent.
Ponds are any water body less than two acres in extent.
Any one 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.
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.
The subdivision of land.
The following shall not be considered a land development:
The conversion of an existing single-family detached or single-family
semidetached 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 exemption, 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 the initial plans for the expanded
area have been approved by the Township.
A sketch, preliminary or final plan, submitted in compliance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], showing the provision for development of a tract of land. See, also, "subdivision plan."
The legal or equitable owner or owners of land.
A professional landscape architect registered in the Commonwealth
of Pennsylvania.
That portion of a tract, or lot in which plantings have been
installed in accordance with the provisions for landscaping in Part
26. The landscaped area includes: the buffer planting strip; those
plantings which serve a functional and/or aesthetic purpose and are
located around and between buildings, roads, parking areas, sidewalks,
walkways, sitting areas, service or maintenance structures, courtyards
and the like; and plantings within a buffer area.
A plan for the installation and maintenance of plantings,
prepared according to the provisions of Part 26.[4]
Animals of any kind, raised and/or maintained for sale, resale,
or agricultural field production. The keeping of one or more horses
or ponies for noncommercial recreational purposes, or the keeping
of common household pets such as dogs, cats, and the like for noncommercial
purposes, shall not be considered as the keeping of livestock.
A space in a building or on a lot which is accessible from
the public street system for the temporary use of vehicles while loading
or unloading merchandise, materials or passengers.
Results which are manifest for, or extending over a period
of greater than two years.
A residential facility that is not a hospital and is not
located as part of a hospital facility, but that provides medical,
therapeutic, health, rehabilitative, or other services to resident
patients and where residence in the facility is anticipated indefinitely.
Examples include, but are not limited to, nursing homes, long-term
care facilities, assisted-living facilities, and age-in-place or continuing-care
communities. Each living quarter for a person staying and/or living
at the facility shall be considered a "dwelling unit."
[Added by Ord. No. 2019-002, 1/15/2019]
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.
The area of land contained within the property lines of a
lot, excluding the following: all land within existing and proposed
future roads and their ultimate rights-of-way; land within existing
and proposed future utility rights-of-way or easements; land previously
subdivided from the area of land in question; land prohibited from
development by deed restrictions, restrictive covenants and/or easements;
any area presently used or previously or presently set aside for any
stormwater management facilities, including basins, retention areas
or drainage easements; and land shown on previous subdivision or land
development plans as reserved from development.
[Amended by Ord. No. 2021-007, 10/19/2021]
A property boundary line shown on a recorded plan or described
in a recorded deed. In the case of any lot abutting a street, the
lot line for such portion of the lot as abuts such street shall be
deemed to be the same as the street line, and shall not be the center
line of the street, or any other line within the street right-of-way.
[Amended by Ord. No. 2021-007, 10/19/2021]
The street line. In the case of a corner lot, both street
lines shall be deemed the front lot line. The front lot line shall
be that boundary line of the lot most nearly parallel to the street
line which has no other portion of the lot between it and the street;
provided that any portion of the lot which crosses the street line
will have the street line as its front lot line.
A lot line opposite and most distant from the front lot line.
If the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, between the side lot lines,
parallel to and at the maximum distance from the front lot line. For
a corner lot, of the two lot lines opposite the front lot lines, that
which is most distant will be the rear lot line.
Any lot line which is not a street line or a rear lot line.
The distance measured between the side lot lines at the required
front building line. When there is only one side lot line, as in the
case of a corner lot or single-family attached dwellings, the lot
width shall be measured between such lot line and the opposite lot
line.
[Amended by Ord. No. 2021-007, 10/19/2021]
A lot abutting upon two or more streets or upon two parts
of the same street, forming an interior angle at the corner of less
than 135°.
Any lot which has limited frontage to a street by virtue
of being a narrow lot; or an existing lot which may have access through
an easement.
A lot that does not have the required minimum lot width at
the front building line, but that has direct access to a public street.
Examples of narrow lots include, but are not limited to, flag lots
and lane lots.
[Added by Ord. No. 2021-007, 10/19/2021]
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the minor street.
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
See "dwelling, single-family detached; mobile home."
See "mobile home park."
Office, clinic, or similar facility for medical, dental,
psychological, physical therapy, or other health examination or treatment
of persons as outpatients, including laboratories incidental thereto.
A fitness center and cafeteria within the same building are permitted
as accessory uses; however, the cafeteria shall be limited to a maximum
of 10% of the total building area.
[Amended by Ord. No. 2019-002, 1/15/2019]
A warehouse or storage unit available for lease for the purpose
of storage of personal property and dry goods.
The act of precluding a potentially adverse effect and/or
making a potentially adverse effect less severe through measures which
will improve a condition and/or lessen the impact.
See "dwelling, single-family detached; mobile home."
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 or double mobile home.
That part of an individual lot which has been reserved for
the placement of the mobile home, appurtenant structures or additions.
A parcel or contiguous parcels of land which has been planned
and improved for the placement of two or more mobile homes for nontransient
use.
Any change, or proposed change, in power input or output,
number of antennas, change in antenna type(s) or model(s), repositioning
of antenna(s), or change in number of channels per antenna above the
maximum number approved under an existing permit.
Any change, or proposed change, in dimensions of an existing
and permitted tower or other structure designed to support telecommunications
transmission, receiving and/or relaying antennas and/or equipment.
The measurement, by the use of instruments in the field,
of nonionizing radiation exposure at a telecommunications facility
site as a whole, or from the towers, antennas or repeaters.
The testing protocol, such as the Cobbs Protocol or the FCC Regulations (Title 47, Part 1, Section 1.1307, referenced as "IEEE C95.3 1991"), or one substantially similar, including compliance determined in accordance with the National Council on Radiation Protection and Measurements, which is to be used to monitor the emissions and determine exposure risk from existing and new telecommunications facilities.
See "hotel, motel or inn."
A device designed or used for decreasing or abating the level
of sound escaping from an engine, machinery or like system.
A use conducted by the Township such as, but not limited
to: parks, playgrounds and other public recreational, cultural and
conservation areas and facilities; sites for sewage treatment, solid
waste and refuse disposal; municipal buildings; public works facilities;
emergency services facilities; municipal garages; communications towers
located on Township-owned property; and other public facilities operated
for the good and well-being of the Township including activities regularly
conducted by the Township at such sites and/or facilities. The area
and bulk requirements for municipal uses shall be the minimum requirements
set forth in the applicable district. Multiple municipal uses may
occupy the same lot. The Township may lease portions of a lot for
individual uses without the necessity of a subdivision and the creation
of individual lots.[5]
A composition of land, water and/or air represented by its
inherent physical and biological resources.
The total of all floor areas of a building measured from
the interior surface of the walls, excluding stairwells and elevator
shafts, equipment rooms, interior vehicular parking or loading; and
all floors below the first or ground floor that are used only for
storage or mechanical systems serving the building.
This use is limited to 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, pick-up, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the criteria set forth in § 27-2603, Subsection 1M, of this chapter.
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 use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter, or amendment heretofore
or hereinafter 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.
[Added by Ord. No. 2019-002, 1/15/2019]
A residential facility:
Intended for and occupied by persons who do not have a "disability"
or "handicap," as those terms are defined by federal and state antidiscrimination
laws; and
That consists of no more than 20 persons living together in
the facility as a whole and those persons as a group do not constitute
a "family" as defined in the Zoning Ordinance.
This term shall not include "fraternity or sorority house" or
"dormitory." Each living quarter for a person staying at a nonfamily
community residential facility shall be considered a "dwelling unit."
A use which manifests itself for a period of not less than
six consecutive months.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, culvert, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same downstream.
An office community consisting of a total of five or more
new or converted buildings dedicated exclusively to offices and accessory
uses thereto, of which buildings or unit thereof may be owned individually
or in total by one or more office owners or users and the common areas
and facilities owned by the owners or users on a designated pad basis
or on a proportional undivided basis.
A system serving a single lot, collecting and disposing of
sewage on the lot where such system is used.
An individual well on the lot where the well services one
lot and/or a water supply on a lot occupied or to be occupied serving
a permitted building.
Natural or landscaped areas restricted in perpetuity to natural
resource protection, conservation or recreation, or used for noise
and/or visual buffers or for other purposes as described in the open
space provisions of Part 28.
The choice which may be exercised in the Residential Districts,
on tracts greater than 20 acres, to arrange lots with particular consideration
of and sensitivity toward environmental resources, the minimum net
size requirement for which would be less than would otherwise be required
in the districts, and the relative density of which may be greater
than would otherwise be permitted in the districts, in exchange for
allocating open space for various conservation and recreation purposes.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of the residential development
not including streets, off-street parking areas and areas set aside
for public facilities. Common open space includes both developed (active)
and undeveloped (passive) open space.
An outdoor recreation facility operated as a business, not
a private recreation facility, athletic club, or an outdoor motion
picture facility.
An establishment which features outdoor movies, not including
the showing of obscene material as defined by Pennsylvania Statute.
The motion picture screen of such establishment shall not be oriented
towards the arterial or collector highway, and neither a public address
system nor a general speaker system is included.
Areas described in Parts 25, 26, and 31 related to floodplain,
steep slopes and carbonate geology conditions.
A space, available for the parking of one motor vehicle, exclusive of passageways, driveways or other means of circulation or access. A parking space shall include either covered garage spaces or uncovered parking lot space located off the street right-of-way. The size, surfacing, gradient and other requirement for a parking space shall be as required in the Township Subdivision and Land Development Ordinance [Chapter 22] and this chapter.
Any leisure time activity not considered active. (Examples
of passive recreational use include walking, hiking, picnicking, bird
watching and fishing.)
[Amended by Ord. 2018-004, 3/6/2018]
A body of water in a channel that flows throughout a majority
of the year in a defined channel and is capable, in the absence of
pollution, drought or man-made stream disturbances, of supporting
a benthic macroinvertebrate community that is composed of two or more
recognizable taxonomic groups of organisms, large enough to be seen
by the unaided eye and can be retained by a U.S. Standard No. 30 sieve
(28 mesh per inch, 0.595 mm openings) and live at least part of their
life cycles within or upon available substrates in a body of water
or water transport system. A perennial stream can have Q7-10 flow
of zero. This term shall include streams identified in USGS or SCS
mapping, and any other delineated waters of the commonwealth.
[Added by Ord. No. 2021-007, 10/19/2021]
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, person includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other form of entity.
Characteristics of the natural environment manifest in its:
land forms, soils, geological structure of surface and/or subsurface
rock, minerals, natural bodies of water and/or man-made impoundments,
watercourses, groundwater and the like. The disposition of these characteristics
is typically expressed in physiographic, topographic and/or hydrologic
units such as: rock formations, slopes, elevations, soil types, watersheds,
surface water types, wetlands, floodplains, aquifers or aquifer recharge
areas and the like.
Areas shown on the Zoning Map for various uses and described
more fully in Parts 4 through 19.
Results of a direct nature which have a principal influence
on a particular condition.
The dwelling where one or more owners of the property maintain
their permanent place of abode and spend the majority of the calendar
year. A person may have only one primary residence at any one time.
Tithe owner of the property is a corporation, partnership, limited
liability company, limited liability partnership, trust or other entity,
a shareholder, partner, trustee or other owner of the entity will
be considered an owner for the purpose of this definition.
[Added by Ord. No. 2022-004, 7/19/2022]
Land which consists of soils considered to be most suitable
for cultivation, including "important farmlands" and "additional farmlands
of Statewide importance" as defined by the U.S. Department of Agriculture,
Soil Conservation Service.
A building in which is conducted, or in intended to be conducted,
the primary use of the lot on which it is located.
See "club or lodge."
A family-oriented, indoor recreational facility owned or
operated by a non-governmental agency and entirely enclosed within
a structure. The use may include by way of example arcades, batting
cages, indoor golf facilities, skating rinks or skate parks. This
use is permitted by conditional use only.
An office which is used and occupied by a professional practitioner,
such as a doctor, lawyer, architect or accountant.
A subdivision; a land development; or any development involving
the construction or alteration of buildings or other structures, or
the grading of land to accommodate a building, structure or use.
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 be not more than 30 days and the second publication shall not
be less seven days from the date of the hearing.
A recreational facility owned or operated by the Township
or other governmental agency. A municipal use.
See "right-of-way, public."
A system, other than an on-lot sewage disposal system or
a community sewage disposal system which is administered and operated
by the Bucks County Water and Sewer Authority for the collection,
conveyance, treatment, and disposal of sewage.
A real property or structures thereon which are owned or
controlled by a governmental entity.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
A system for water distribution and water supply, other than
an on-lot water supply system, or a community water supply system,
which is owned, administered, and operated by the Bucks County Water
and Sewer Authority.
An excavation, or other place, from which stone (including
limestone), gravel, sand, slate or other minerals are removed by cutting,
digging, blasting or other means and including, but not limited to,
those related operations of crushing, sorting, sizing or stockpiling
of quarried materials including overburden and topsoil as well as
settlement basins and equipment maintenance and parking area.
Radial plots are the result of drawing equally spaced lines
(radials) from the point of the antenna, calculating the expected
signal and indicating this graphically on a map. The relative signal
strength may be indicated by varying the size or color at each point
being studied along the radial. A threshold plot uses a mark to indicate
whether that point would be strong enough to provide adequate coverage,
i.e., the points meeting the threshold adequate coverage. The drawback
is the concentration of points close to the antenna and he divergence
of points far from the site near the ends of the radials.
All land whether publicly or privately owned, whether improved
or not improved, with or without structures.
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure time,
recreational use, or for travel. Recreational vehicles or units including
travel trailers, truck-mounted campers, motor homes, folding tent
campers and autos, buses or trucks adapted for vacation use and other
vehicles not suitable for daily conventional family transportation.
Snowmobiles, mini-bikes, all-terrain vehicles, go-carts and boat trailers
are also deemed recreational vehicles.
An area of land, with or without buildings, that is used
for the storage of used or discarded materials, including, but not
limited to, wastepaper, rags, metal, building materials, house furnishings,
machinery, vehicles, and parts thereof, with the dismantling, processing,
salvage, sale, or other use or disposition of the same.
A use involving a structure or place at which religious worship
and ceremonies are held regularly by a group which practices the religion.
A small receiver/relay transmitter and antenna of relatively
low power output designed to provide service to areas which are not
able to receive adequate coverage directly from a base or primary
station.
A property owner, lessee or an employee who resides at a
property used as a bed-and-breakfast inn/small short-term lodging
facility or a hotel, motel, or inn/large short-term lodging facility,
and whose primary role is to perform innkeeping duties at the property.
[Added by Ord. 2018-005, 6/19/2018]
A building or an area within a building with four or more
tables (more than 12 chairs), used primarily for the purpose of furnishing
to the public food to be consumed on the premises, that is opened
between 6:00 a.m. and 11:00 p.m. on a single day, but not including
a restaurant with drive-in services, or a restaurant used primarily
for take-out services.
A fast food restaurant or section thereof which is designed
to allow for the serving and pick-up of food, without leaving the
vehicle, for off-premise consumption.
Shops and stores selling commodities and goods and/or services,
such as dry cleaners, hairdressers, shoe repair, and like services
to the ultimate consumer. Not included under this use are over-the-counter
sale of alcoholic beverages in taverns and bars. Any retail store
that provides for gasoline or fuel sales for motor vehicles directly
to the retail customers shall be considered to be a motor vehicle
gasoline station and shall meet the requirements of that use and shall
only be permitted in zoning districts where motor vehicle gasoline
station is permitted. Also not included is any store with greater
than 15 square feet of floor area devoted to the display of pornographic
materials or obscene material as defined by Pennsylvania statutes.
A conditional use on a lot area of at least 10 acres in the
RA or RB Districts, where horseback riding lessons are given, and
horses are boarded. A riding academy shall not include a livery stable
which primarily rents horses for trail riding whether supervised or
unsupervised.
A strip of land granted or reserved for public or private
use or access.
The legal right-of-way as established by the commonwealth
or the Township and currently in existence.
The right-of-way established by the Township Subdivision and Land Development Ordinance [Chapter 22].
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
See "street."
Any liquid waste containing animal or vegetable matter in
suspension or solution, or the water-carried waste resulting from
the discharge of water closets, laundry tubs, washing machines, sinks,
dishwashers, or any other source of water-carried waste of human origin.
A conduit that collects and transports sanitary sewage.
A religious, sectarian and non-sectarian, denominational
private institution, or a public institution which is not conducted
as a private gainful business both of which have access to a collector
or primary street, and are licensed by the state.
The plantings which are used in a buffer planting strip or
other landscaping arrangement to create a continuous visual buffer.
Results of an indirect nature which have an influence on
a particular condition or state derived from a primary effect.
A water-tight receptacle that receives the discharge of sewage
from a building, sewer or part thereof, and is designed and constructed
so as to permit settling of solids from this liquid, digestion of
the organic matter, and discharge of the liquid portion into a septic
tank filter field.
A system of open jointed pipes intended for subsurface disposal
of septic tank effluent.
See "automobile service station."
The total of organic waste and wastewater generated by residential,
industrial, commercial, institutional or other establishments.
Any pipe or conduit used to collect and carry away sewage
or stormwater runoff from the generating source of origin to treatment
plants and to a receiving stream or other drainageway.
All effluent carried by sewers, whether it is sanitary sewage,
residential, commercial or industrial wastes or stormwater runoff;
or, the entire system of sewage collection, conveyance, treatment
and disposal.
That portion of the Township designated in the Official Sewage
Facilities Plan (Act 537 Plan) in which there is, or may be, constructed
a system of public sewage.
A facility used for target practice, skeet and trap and related
activities by a gun club or sportsmen's club.
A group of four or more permitted principal uses in the TNC
District that are planned and developed, as a single property with
required off-street parking. Minimum lot size for a shopping center
is 15 acres. Motor vehicle gasoline stations and bed-and-breakfast
inns/small short-term lodging facilities are not permitted under this
use.
[Amended by Ord. 2018-005, 6/19/2018]
Results which are manifest for or extending over a period
of less than two years.
A residential facility that is not a hospital and is not
located as part of a hospital facility, but that provides medical,
therapeutic, health, rehabilitative, or other services to resident
patients and where residence in the facility is temporary, and where
the services provided are intended to transition resident patients
to a permanent living situation outside the facility, such as their
original home, a long-term residential health care facility, or other
long-term or permanent living arrangement. Examples include but are
not limited to, residential physical and/or occupational therapy rehabilitation
facilities, residential nonhospital drug and alcohol rehabilitation
facilities, and short-term psychological or psychiatric residential
nonhospital treatment facilities. Each living quarter for a person
staying at the facility shall be considered a dwelling unit.
[Added by Ord. No. 2019-002, 1/15/2019]
A seasonal or occasional sale held on the sidewalk or other
structure along the front or side of a particular store or establishment
where goods are offered for sale to the public, typically at a discounted
price.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street.
The ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property.
A tract or parcel of land or combination of contiguous lots
or parcels of land that are not divided by a street and are under
the same ownership.
[Amended by Ord. No. 2021-007, 10/19/2021]
Any land area within a site as determined by an actual site
survey, minus the following: all land within existing and proposed
future roads and their ultimate rights-of-way; land within existing
and proposed future utility rights-of-way or easements; land previously
subdivided from the area of land in question; land prohibited from
development by deed restrictions, restrictive covenants and/or easements;
any area presently used or previously or presently set aside for any
stormwater management facilities, including basins, retention areas
or drainage easements; and land shown on previous subdivision or land
development plans as reserved from development.
[Added by Ord. No. 2021-007, 10/19/2021]
The site area minus the following: all land area required to be protected under Part 22, and all land area required to be kept as open space or to otherwise be protected under the Township's ordinances, which site area is the basis of density requirements in Chapter 27, Part 10, for the RD District, in Chapter 27, Part 11, for the RD-C District, and in § 27-2806 for permitted residential development density where the open space option is utilized in RA, RB and RD Districts.
[Added by Ord. No. 2021-007, 10/19/2021]
Areas subject to periodic flooding or listed in the Official
Soil Survey provided by the U.S. Department of Agriculture, Natural
Resources Conservation Service, Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/)
as soils having a flood frequency other than none.
A facility where solid waste is disposed of by placing it
on the land and covering the waste with a layer of soil, subject to
the provisions of Part 26.
A facility whose purpose shall be to provide for the clean,
safe, and efficient disposal of solid wastes. Such facility may include
one or more of the following uses: recycling and refuse facility,
solid waste landfill, incinerator, or other solid waste management
facility permitted by the Department of Environmental Protection.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristics of such sound, including
duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B,
or C, as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.4-1974, or the latest revision thereof).
If the frequency weighting employed is not indicated, the A-weighting
shall apply. Also see "A-weighted sound level."
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time avenger, output meter and any applicable
weighting network used to measure sound pressure levels which meets
or exceeds the requirement for a Type I or Type II sound level meter
as specified in ANSI Specification S1.4-1974, or the latest revision
thereof. The manufacturer's published indication of compliance with
such specifications shall be prima facie evidence of such compliance.
A use permitted in a particular zoning district pursuant
to the provisions of Part 30.
A shopping center which caters to a specific market. The
stores in the center are small scale, linked together by an architectural,
historical, or geographical theme, or by the commonality of the goods
and services available. In general, the shops in a specialty center
deal in the following types of merchandise: imported goods, gifts,
books, hand-crafted items, luxury merchandise, fashions, gourmet foods,
hobby and craft supplies, and antiques.
Any building, structure or portion thereof which is used
in whole or in part for the shelter or care of sheep, goats, horses
or cattle or other livestock.
A durable, free draining, uniform soil that is capable of
withstanding design foundation pressures over time with minimal settlement,
and is resistant to shear.
The area of land which is characterized by a change in elevation
of 8% or more, but less than 15% over a distance or contour specified
in Part 22.
The area of land which is characterized by a change in elevation
of 15% or more but not exceeding 25% over a distance or contour specified
in Part 22.
The area of land which is characterized by a change in elevation
of greater than 25% over a distance or contour specified in Part 22.
A conduit that collects and transports stormwater runoff.
That part of a building located between a floor and the floor
or roof next above. The first story of a building is the lowest story
having 75% or more of its wall area above grade level. A half-story
is a story under a gable, hip or gambrel roof, the wall plates of
which on at least two opposite exterior walls are not more than two
feet above the floor.
The story with its floor level immediately above the average
finished grade level of the adjoining ground at any particular point
or side of the dwelling.[6]
A public or privately owned right-of-way, serving as a means
of vehicular travel, furnishing access to abutting lots also used
to provide space for installation of improvements such as sewers,
other utilities, street trees and sidewalks.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that where
a future/ultimate right-of-way width for a road or street has been
established, then that width shall determine the location of the street
line.
[Amended by Ord. No. 2021-007, 10/19/2021]
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams or girders; or any change which could convert
an existing building or other structure into a different structure,
or adopt the structure to a different use.
Any man-made object or improvement having an ascertainable
stationary location on land or in water, whether or not affixed to
the land. This term shall not include sand mounds, wellheads, landscaping
berms and detention basin facilities.
As defined in the Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended.
A sketch, preliminary or final plan, submitted in compliance with the Township Subdivision and Land Development Ordinance [Chapter 22], showing the provision for the subdivision of a tract of land. See, also, "land development plan."
A subdivision that involves the relocation of one or more
existing boundary lines between adjacent lots, which results in the
same or fewer numbers of lots that existed prior to the subdivision.
Any subdivision not classified as a minor or lot line adjustment.
Any division or redivision of a lot, tract or parcel of land
by any means into not more than two lots, provided that no division
or redivision has been approved with regard to said lot, tract or
parcel of land within the preceding five years. Plans that solely
propose the creation or relocation of a street shall be treated as
minor subdivisions and shall be subject to the time standards set
forth in this definition.
[Amended by Ord. No. 2021-007, 10/19/2021]
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 had been damaged and was being restored before the
damage occurred. A "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 the 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 municipal health, sanitary or safety codes
which are solely necessary to assure safe living conditions.
Any permanent pool or open tank, containing or normally capable
of containing water to a depth at any point greater than 1Â 1/2
feet. Swimming pool regulations are set forth in Part 26.
Any swimming pool other than a private swimming pool, including
publicly and privately owned pools open to the general public and
pools owned and operated in conjunction with membership organizations,
motels, hotels and other similar uses.
An establishment which serves alcoholic beverages for on-premises
consumption and which is licensed by the Pennsylvania Liquor Control
Board, including the sale of food as an accessory use.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service,
or any other wireless communications signals, including, without limitation,
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Facility (FCC) to operate such device. This definition
shall not include private residence-mounted satellite dashes or television
antennas or amateur radio equipment including , without limitation,
ham or citizen band radio antennas.
All equipment, including any tower, structure, building,
antenna, repeater and other related device which a telecommunications
provider needs to broadcast and receive radio frequency signals which
carry their success.
A property, or any part thereof, which is owned or leased
by one or more telecommunications providers and upon which one or
more telecommunications facility(ies) and required landscaping are
located.
An entity licensed by the FCC to provide telecommunications
services to individuals or institutions.
A guyed, monopole, or self-supporting freestanding mount,
or in association with a building other permanent designed to accommodate
one or more antennas intended for transmitting and/or receiving television,
AM/FM radio, digital, microwave, cellular, telephone, or similar forms
of electronic telecommunication.[7]
Fauna or flora listed as "threatened" or "endangered" under
the Endangered Species Act of 1973, 16 U.S.C. § 1531 et
seq., the Wild Resource Conservation Act, 32 P.S. § 5301
et seq., the Fish and Boat Code, 30 Pa.C.S.A. § 101 et seq.,
the Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq.,
or regulations adopted pursuant to any of the said Acts and Codes.
[Added by Ord. No. 2021-007, 10/19/2021]
Tiled plots result from calculating the signal at uniformly
spaced locations on a rectangular grid, or tile, of the area of concern.
Tiled plots (in comparison to radial plots): (1) provide a uniform
distribution of points over the area of interest; (2) usually allow
the same grid to be used as different sites are examined; and (3)
do not necessitate the transmitter site be within the grid or area
of interest. As with radial plots, the graphic display or plot can
be either signal strength or adequate threshold. Tile plotting requires
more topographical data and longer (computer) execution tune than
radial plotting, but is preferable for comparative analysis.
See "lot."
A portable vehicular structure built on a chassis designed
as a temporary dwelling for travel, recreation and vacation use.
All viable vegetation and specimen trees located within the
area of the ultimate right-of-way. For the purposes of this chapter,
all trees in the right-of-way that meet the definition of "woodlands
or wooded area" shall be subject to the protections applicable to
woodlands and wooded areas.
[Added by Ord. No. 2021-007, 10/19/2021]
An activity or the specific purpose for which land or a building
is designed, arranged, intended, or improved on a lot or for which
it is or may be occupied or used.
Those services customarily rendered by public utility corporations,
municipalities, or municipal authorities, in the nature of electricity,
gas, telephone, water and sewerage, including the appurtenances used
in connection with the supplying of such services (buildings, wires,
pipes, poles, transformers, and the like). For purposes of this chapter,
cable television transmission equipment shall be included as a utility.
Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter, as applied to a specific property, in accordance with the provisions of Part 30.
A vegetated roof is a roof of a building that is at least
80% covered with growing, living vegetation and soil, or a growing
medium, planted over a waterproofing membrane. It may also include
additional layers such as a root barrier and drainage and irrigation
systems. Container gardens on roofs, where plants are maintained in
pots or containers, are not vegetated roofs for the purposes of this
chapter. The Township shall make the final determination of a roof
being a vegetated roof based on professionally accepted vegetated
green roof standards of design and practice.
A medical facility that specializes in the care of domestic
(companion) animals, such as dogs and cats.
[Added by Ord. 2018-004, 3/6/2018]
Vegetation that is not dead, dying, invasive, non-native
or non-indigenous.
[Added by Ord. No. 2021-007, 10/19/2021]
Characteristics of the natural and/or cultural environment
which are visible. The visual resources of a particular area are typically
expressed in terms of their visibility, character and/or attractiveness
relative to their amenity value and/or quality.
All non-hazardous waste building materials, grubbing waste,
and rubble resulting from construction, remodeling, repair and demolition
operations on houses, commercial buildings and other structures and
pavements, and may include certain dredging materials.
All waste material contained on the current EPA hazardous
waste list.
Any garbage, refuse, industrial lunchroom or office waste,
and other material including solid, liquid, semi-solid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste (as defined by the Solid Waste Management Act), from a municipal,
commercial or institutional water supply treatment plant, wastewater
treatment plant, or air pollution control facility.
Any garbage, refuse, other discarded material or waste, semi-solid
or contained gaseous materials resulting from industrial, mining and
agricultural operations. In addition, any sludge from an industrial,
mining or agricultural operation, or a water supply treatment facility,
wastewater treatment plant, or air pollution control facility, non
of the aforementioned shall be hazardous.
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.[8]
A space open to the sky on the same lot with a building, use, or structure and that is unoccupied except for accessory structures or uses to the extent specifically permitted by this chapter and Chapter 22. The minimum dimension of a required yard shall be that which is required in the zoning district of the proposed building, use, or structure. The size of a required yard shall be measured as the shortest distance between the lot line (or, as the case may be, the street line) and the building line.
[Amended by Ord. No. 2021-007, 10/19/2021]
A yard between the front building line and the street line
and that extends the entire length of the street line. In the case
of narrow lots, the front yard is a yard between the front building
line and a line along the point where the lot first obtains the minimum
lot width, and that extends the entire length of that line. In the
case of a corner lot and any other lot that fronts on more than one
street, front yards of the required depth shall be provided along
all streets.
[Amended by Ord. No. 2021-007, 10/19/2021]
A yard between the rear building line and the rear lot line
and that extends the entire length of the rear lot line.
[Amended by Ord. No. 2021-007, 10/19/2021]
A yard between a side building line and a side lot line on
the same side of the lot, and that extends in length from the front
building line to the rear building line. In the case of a lot having
no street frontage or a lot of odd shape, any yard that is not a front
yard or a rear yard shall be considered a side yard.
[Amended by Ord. No. 2021-007, 10/19/2021]
A Township official/employee responsible for zoning and subdivision
and land development functions as set out by the Municipalities Planning
Code, the Zoning Code and the Subdivision and Land Development Ordinance,
and for administering and enforcing Township Code of Ordinances.
[Added by Ord. No. 2021-007, 10/19/2021]
[1]
Editor's Note: The former definition of "caliper," which immediately
followed this definition, was repealed by Ord. No. 2021-007, 10/19/2021.
[2]
Editor’s Note: The former definition of “full
care facility,” which immediately followed this definition,
was repealed 1-15-2019 by Ord. No. 2019-002.
[3]
Editor’s Note: The former definition of “group
home,” which followed this definition, was repealed 1-15-2019
by Ord. No. 2019-002.
[4]
Editor’s Note: The former definition of “life
care facility,” which immediately followed this definition,
was repealed 1-15-2019 by Ord. No. 2019-002.
[5]
Editor's Note: The former definition of "narrow lot," which
immediately followed this definition, was repealed by Ord. No. 2021-007, 10/19/2021.
[6]
Editor's Note: The former definition of "stream," which immediately
followed this definition, was repealed by Ord. No. 2021-007, 10/19/2021.
[7]
Editor’s Note: The former definition of “temporary
structure or use,” which immediately followed this definition,
was repealed by Ord. 2018-005, 6/19/2018.
[8]
Editor's Note: The former definitions of "watercourse," "wetlands,"
and "woodlands," which immediately followed this definition, were
repealed by Ord. No. 2021-007, 10/19/2021.
