Township of Upper Southampton, PA Article II Terminology

§ 185-5 Definitions and word usage.

[Amended 12-1-1987 by Ord. No. 249; 10-4-1988 by Ord. No. 261; 6-20-1989 by Ord. No. 268; 11-19-1991 by Ord. No. 290; 1-21-1992 by Ord. No. 294]

A. Unless a contrary intention clearly appears, the following words and phrases shall have for the purpose of this chapter the meanings given in the following clauses.

B. For the purpose of this chapter words and terms used herein shall be interpreted as follows:

(1) Words used in the present tense include the future.

(2) The singular includes the plural.

(3) The word "person" includes a corporation, partnership, and association as well as the individual.

(4) The word "lot" includes the word "plot" or "parcel."

(5) The term "shall" is always mandatory.

(6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be occupied."

C. For the purpose of this chapter, terms referring to various public bodies and officials shall be interpreted as follows:

BOARD OF SUPERVISORS (THE BOARD)

The Board of Township Supervisors of Upper Southampton Township; the governing body of Upper Southampton Township.

BUILDING OFFICIAL (BUILDING INSPECTOR)

The person appointed by the Board to issue Building Permits and to inspect construction.

COMPREHENSIVE PLAN

The current Upper Southampton Comprehensive Plan as adopted by the Board of Supervisors and the same as may be amended from time to time.

PLANNING COMMISSION

The Upper Southampton Planning Commission appointed in accordance to law by the Board.

ZONING HEARING BOARD

The Zoning Hearing Board appointed in accordance to law by the Board.

ZONING OFFICER

The person appointed by the Board as enforcement officer of this chapter.

D. Any word or term not defined herein shall be used with the meaning found in a standard unabridged dictionary:

ABORTION CLINIC

An abortion clinic is a medical facility which has as one of its primary purposes the performance of abortions.

ACCESSORY

(1) ACCESSORY BUILDING See "building."

(2) ACCESSORY USE See "use."

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ALTERNATIVE THERAPY

[Added 4-5-2016 by Ord. No. 437]

(1) The practice of an individual who uses touch to affect the energy systems, acupoints, Qi meridians or channels of energy of the human body while engaged within the scope of practice of a profession with established standards and ethics. Such practices include acupressure, Asian bodywork therapy, polarity therapy bodywork, quigon, reiki, shiatsu and tui na;

(2) Reflexology;

(3) The practice of an individual who uses touch, words and directed movement to deepen awareness of existing patterns of movement in the body and to suggest new possibilities of movement, while engaged within the scope of practice of a profession with established standards and ethics; and/or

(4) Any massage-like activity that does not meet the definition of "massage therapy" set forth hereinafter.

ALTERNATIVE THERAPY ESTABLISHMENT

Any place in the Township alternative therapy is administered for the payment of a fee or other compensation or consideration but not including a hospital, nursing home, medical clinic or the office of a physician, surgeon, physical therapist, chiropractor or osteopath, currently licensed as such by the Commonwealth of Pennsylvania, and including barbershops or practices licensed by the Department of Cosmetology, or any athletic program of accredited junior and senior high schools or colleges in which a massage is administered by a trainer within the scope of such athletic program.

[Added 4-5-2016 by Ord. No. 437]

ANTENNA

Any nontower, commercial cellular telecommunications facility, including, but not limited to, any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include support structures for antennae, telecommunications towers, or any related equipment that is mounted to the ground or at ground level.

[Added 9-2-1997 by Ord. No. 331; amended 12-8-2015 by Ord. No. 433]

AREA

(1) BUILDING AREA The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps. The main grade level of a building is the floor level, or overlapping floor levels of a building at which the outside elevation of the ground level intersects the building.

(2) FLOOR AREA The sum of the areas of the several floors of building structure, including areas used for human occupancy and basements, attics, and penthouses; as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy, or any floor space in accessory building or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, or any such floor space intended and designed for accessory heating and ventilating equipment.

(3) FLOOR AREA RATIO A measure of intensity of site use. It shall be calculated by dividing the total floor area on the site by the gross site area.

(4) LOT AREA The area contained within the property lines of individual parcels of land shown on a subdivision plan, excluding any area within a street right-of-way, existing or proposed, but including the area of any easement.

BASEMENT

A story partly underground, but having 1/2 or more of its height (measured from floor to ceiling) above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement or determining floor area, only if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet, or if used for business or dwelling purposes.

BOARD

Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.

BUFFER YARD

A yard containing screen plantings which afford a barrier to visibility, noise, glare and airborne particles deemed necessary for the protection of a residential district from an adjacent more intensive land use district.

BUILDING

An erection or structure intended for use and occupancy as a habitation or for some purpose of trade, manufacture, ornament, or other use; any structure affording shelter to persons, animals, or property. The word "building" shall include any part thereof.

(1) ACCESSORY BUILDING A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.

(a) Residential. A subordinate building, no larger than 500 feet square feet, located on the same lot as a principal building. Any portion of a principal building devoted to or intended to be devoted to an accessory use is not an accessory building.

(b) Commercial and industrial. A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal devoted or intended to be devoted to an accessory use is not accessory building.

(2) PRINCIPAL BUILDING A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.

BUILDING COVERAGE

That percentage of the plot or lot area covered by the building area.

BUILDING HEIGHT

A vertical distance measured from the mean elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING SETBACK LINE

The line parallel to the proposed right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.

CELLAR

A story partly underground and having more than 1/2 of its height (measured from floor to ceiling) below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories or square footage, nor shall it be used for dwelling or business purposes.

CELLULAR TELECOMMUNICATIONS FACILITY

The antennae, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

[Added 9-2-1997 by Ord. No. 331; amended 12-8-2015 by Ord. No. 433]

CELLULAR TELECOMMUNICATIONS FACILITY APPLICANT (APPLICANT)

Any person that applies for a building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property for the purpose of installing and/or constructing a commercial telecommunications tower or antenna.

[Added 12-8-2015 by Ord. No. 433]

CELLULAR TELECOMMUNICATIONS TOWER (TELECOMMUNICATIONS TOWER or TOWER)

Any commercial structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities and DAS facilities in the ROW are considered to be telecommunications towers.

[Added 12-8-2015 by Ord. No. 433]

CO-LOCATION

The mounting of one or more antennae on an existing telecommunications tower, or on any structure that already supports at least one antenna.

[Added 12-8-2015 by Ord. No. 433]

COMMERCIAL TRAILER

A vehicle or structure customarily pulled by a tractor with fifth wheel, whether on wheels or not; also known as "over the road" trailer.

COMMERCIAL VEHICLE

Any motor vehicle used for business, industrial, office or institutional purposes or having painted thereon or affixed thereto a sign, logo and/or emblem identifying a business, industry, office or institution.

[Amended 10-1-2013 by Ord. No. 420][1]

CONSUMER FIREWORKS

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 commercial 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 6-5-2018 by Ord. No. 451]

DECISION

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 of Upper Southampton lies.

DENSITY

A measure of the number of dwelling units per unit of area. It shall be expressed in dwelling units per acre. The measure is arrived at by dividing the number of dwelling units by the gross site area.

DETERMINATION

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

(1) The Board of Supervisors;

(2) The Zoning Hearing Board; or

(3) 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.

DISPLAY FIREWORKS

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 6-5-2018 by Ord. No. 451]

DISTRIBUTED ANTENNA SYSTEM (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 12-8-2015 by Ord. No. 433]

DISTRICT

A zoning district as laid out on the Zoning Map along with the regulations pertaining thereto.

DWELLING

A building containing one or more dwelling units.

(1) DETACHED DWELLING A dwelling having only one dwelling unit from ground to roof, independent outside access, and open space on all sides.

(2) APARTMENTS A dwelling having two or more dwelling units, not having independent outside access and not having party walls forming a complete separation between individual dwelling units.

(a) APARTMENTS (GARDEN) Apartments not in excess of either two stories or 25 feet in height.

(b) ELDERLY MID-RISE APARTMENTS Apartments which are not intended for use by, and are not used by, persons not qualifying as elderly or handicapped as defined in Use (12A)(f).

(c) MID-RISE APARTMENTS Apartments in excess of either two stories or 25 feet in height.

(3) DUPLEX A dwelling having two dwelling units each sharing the ceiling/floor, and to each unit independent outside access is provided.

(4) TOWNHOUSES A dwelling having more than two dwelling units, each independent from ground to roof, with separate outside access, and each sharing all or a portion of at least one wall with another unit.

(5) TWIN DUPLEX (QUADRIPLEX) A dwelling having four dwelling units, each unit sharing a wall and ceiling/floor with another unit, and to each unit independent access is provided.

(6) TWIN SINGLE A dwelling having two dwelling units each independent from ground to roof, with separate outside access, and sharing all or a portion of one wall.

DWELLING UNIT

Any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating by one family. A dwelling unit shall not be used by more than one family.

FAMILY

One or more persons related by blood, marriage or adoption and, in addition, any domestic servants or gratuitous guests thereof; or a group of not more than five persons who need not be related, and in addition, domestic servants or gratuitous guests thereof, who are living together in a detached dwelling unit and maintain a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of a family, but unrelated persons with handicaps as defined under the Fair Housing Act, 42 U.S.C. § 3604(h), living together in a single housekeeping unit shall be considered members of the family.

[Amended 3-17-1992 by Ord. No. 297; 5-11-1992 by Ord. No. 300]

FCC

Federal Communications Commission.

[Added 12-8-2015 by Ord. No. 433]

FENCE

Any structure constructed of wood, metal, wire mesh or masonry erected for the purpose of screening one property from another to assure privacy or to protect the property screened. For the purpose of this chapter, a masonry wall is considered to be a fence.

FIREWORKS

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 1.4 G fireworks or 1.3 G fireworks as set forth in the 2003 International Fire Code including, but not limited to, those compositions or devices defined in APA Standard 87-1.

[Added 6-5-2018 by Ord. No. 451]

GASOLINE SERVICE STATION

Any premises used for supplying or selling gasoline and/or any of the following: oil, tires, accessories and services for automobiles, at retail direct to the motorist-consumer. Services may include the making of minor repairs, the rental of automobiles, trucks not in excess of one ton or "T" tag chassis weight, and "U-Haul" type trailers pulled by passenger cars, but excluding:

(1) Spray painting.

(2) Body, fender and frame repairs.

(3) Complete recapping or retreading of tires.

(4) Outdoor storage and sales of motor vehicles.

HEIGHT OF A CELLULAR TELECOMMUNICATIONS TOWER

The vertical distance measured from the ground level, including any base pad, to the highest point on a telecommunications tower, including antennae mounted on the tower and any other appurtenances.

[Added 12-8-2015 by Ord. No. 433]

IMPERVIOUS SURFACE

Those surfaces which do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt, and packed stones shall be considered impervious surfaces within this definition. In addition, other areas determined to be impervious by the Township Engineer within the meaning of this definition will also be classed as impervious surface.

(1) ON-LOT IMPERVIOUS SURFACE Refers to coverage on an individual lot on which a detached dwelling unit is situated.

(2) SITE IMPERVIOUS SURFACE Refers to coverage of a parcel or parcels which are intended to have one or more buildings or to be subdivided into one or more lots.

IMPERVIOUS SURFACE RATIO

A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the gross site area.

LANDOWNER

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

(1) CORNER LOT A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersecting at an angle of less than 135°.

(2) DEPTH OF LOT The mean distance from the right-of-way line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.

(3) LOT OF RECORD A lot which has been recorded in the office of the Recorder of Deeds of Bucks County, Pennsylvania.

(4) LOT WIDTH The distance measured between the side lot lines, at the required building setback line; in a case where there is only one side lot line, between such lot line and the opposite rear lot line or street line.

(5) THROUGH LOT An interior lot having frontage on two parallel or approximately parallel streets.

LOT LINES

(1) LOT LINE Any boundary line of a lot.

(2) REAR LOT LINE Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line, and except that in the case of a corner lot the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line farthest from any street shall be considered a rear lot line.

(3) SIDE LOT LINE Any lot line which is not a street line or a rear lot line.

(4) STREET LINE See "street line."

MASSAGE THERAPY

The application of a system of structured touch, pressure, movement, holding and treatment of the soft tissue manifestations of the human body in which the primary intent is to enhance the health and well-being of the client without limitation, except as provided in this chapter. The term includes the external application of water, heat, cold, lubricants or other topical preparations, lymphatic techniques, myofascial release techniques and the use of electromechanical devices which mimic or enhance the action of the massage techniques. The term does not include the diagnosis or treatment of impairment, illness, disease or disability; a medical procedure; a chiropractic manipulation, adjustment, physical therapy mobilization; manual therapy; therapeutic exercise; electrical stimulation; ultrasound or prescription of medicines for which a license to practice medicine, chiropractic, physical therapy, occupational therapy, podiatry or other practice of the healing arts is required or any other area licensed by the Commonwealth of Pennsylvania.

[Added 4-5-2016 by Ord. No. 437]

MASSAGE THERAPY ESTABLISHMENT

Any place in the Township where massage therapy is administered for the payment of a fee or other compensation or consideration but not including a hospital, nursing home, medical clinic or the office of a physician, surgeon, physical therapist, chiropractor or osteopath, currently licensed as such by the Commonwealth of Pennsylvania, and including barbershops or practices licensed by the Department of Cosmetology, or any athletic program of accredited junior and senior high schools or colleges in which a massage is administered by a trainer within the scope of such athletic program.

[Added 4-5-2016 by Ord. No. 437]

MEDICAL MARIJUANA ACT

Act 16 of 2016, 35 P.S. § 1023.101 et seq.

[Added 4-4-2017 by Ord. No. 447]

MEDICAL MARIJUANA DISPENSARY

A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which is registered by the Pennsylvania Department of Health under the Medical Marijuana Act to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

[Added 4-4-2017 by Ord. No. 447]

MEDICAL MARIJUANA GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which is registered by the Pennsylvania Department of Health under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

[Added 4-4-2017 by Ord. No. 447]

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for 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. For the purpose of this chapter, travel trailers are not considered as mobile homes.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MUNICIPAL AUTHORITY

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."[2]

NFPA 1124

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 6-5-2018 by Ord. No. 451]

NONCONFORMING LOT

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.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable 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.

NONCONFORMING USE

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.

NOVELTIES

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 6-5-2018 by Ord. No. 451]

OPEN SPACE

Land held in common ownership, protected by easement, dedicated to the public, or identified in another suitable manner in accordance with this chapter, as open space. To qualify as open space, such land shall be used only for open space uses: recreation, amenity, buffer, or resource protection. Open space does not include land occupied by buildings, roads or road rights-of-way; nor does it include the yards or lots of individual or group dwelling units as required by the provisions of this chapter in § 185-17 or 185-22. Open space shall be left in its natural state except in the case of recreation uses. All impervious surfaces within open space areas shall count as part of the total impervious surface area in arriving at impervious surface ratio for the development.

OPEN SPACE RATIO

A measure of intensity of land use. It is arrived at by dividing total amount of open space within the site by the gross site area.

PARKING

See § 185-47.

PERSONAL CARE UNIT

A room, or group of rooms occupied or intended to be occupied by one individual or one married couple, not the owner thereof, as a habitable unit for living and sleeping, without a kitchen, and in connection therewith an aide person is on call every hour of the day or night to assist the occupant.

PORNOGRAPHIC MATERIALS

Pictures, drawings, photographs or other depictions, or printed matter, which, if sold knowingly to a child under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the time thereof.

[Amended 3-18-2003 by Ord. No. 256]

PRINCIPAL BUILDING

See "building."

PRINCIPAL USE

See "use."

PUBLIC GROUNDS

Includes:

(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas.

(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

(3) Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 P.S. § 271 et seq.[3]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township of Upper Southampton. 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.

RECREATIONAL VEHICLE

A portable structure, self-propelled, of such size and weight as not to require special highway movement permits, primarily designed or constructed to provide temporary living quarters for recreational, camping or travel use or to carry such equipment, not for profit. When used for recreational purposes, it shall be considered a noncommercial, passenger vehicle. This definition shall include, but is not limited to boats, four-wheel all-terrain vehicles and snowmobiles.

RELATED EQUIPMENT

Any piece of equipment related to, incidental to, or necessary for, the operation of a telecommunications tower or antenna. By way of illustration, not limitation, related equipment includes generators and base stations.

[Added 12-8-2015 by Ord. No. 433]

REPORT

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.

RIGHT-OF-WAY

Land set aside for use as a street, alley, or other means of travel.

(1) EXISTING RIGHT-OF-WAY The legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.

(2) PROPOSED RIGHT-OF-WAY The right-of-way deemed necessary by the Upper Southampton Township Comprehensive Plan to provide adequate width for future street improvements. Future right-of-way widths are designated in § 185-31.

ROOMER, BOARDER, OR LODGER

A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified for purposes of this chapter not as a roomer, boarder or lodger but as a guest of a commercial lodging establishment, motel, hotel or tourist home. Any person requiring the assistance of an aide person who is on call day or night shall not for the purposes of this chapter be considered a roomer, boarder or lodger.

SALE OR SELLING

Any transfer, for a consideration, of the ownership, custody or possession of tangible personal property, including the grant of a license to use or consume, whether such transfer be absolute or conditional and by whatsoever means the same shall have been effected.

SELF-SERVICE GASOLINE PUMPS

A gasoline pump or other similar device used for the dispensing of gasoline which is designed for use and operation by the customer-motorist rather than by an authorized attendant or other person employed by the owner or operator of the service station.

SEWER

(1) PRIVATE SEWER An "on-lot" septic tank disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot.

(2) PUBLIC SEWER Any municipal or privately owned sewer system in which sewage is collected from buildings and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer. This shall include capped sewers when installed to county specifications.

SITE

A parcel or parcels of land which are intended to have one or more buildings or intended to be subdivided into one or more lots.

SITE AREA, GROSS

The total or gross area of a site, including all parcels of land to be subdivided or used for multiple uses, less any land lying within existing street right-of-way.

SPECIAL EXCEPTION

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. and 10901 et seq.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennae 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 antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

[Added 12-8-2015 by Ord. No. 433]

STORY

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 such story.

STREAM

Any body of water or watercourse that is recognized and regulated by the Pennsylvania Department of Environmental Protection.

[Amended 10-2-2007 by Ord. No. 388]

STREET

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.

STREET LINE

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 proposed right-of-way width for a road or street has been established then that width shall determine the location of the street line.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

A modification, replacement, or substitution to an existing wireless communications facility that changes the size and/or dimensions of such facility, pursuant to the Pennsylvania Wireless Broadband Co-location Act and the FCC's October 2014 Report and Order.

[Added 12-8-2015 by Ord. No. 433]

SUPPORT STRUCTURE

A freestanding structure, or any other structure that is constructed with the primary purpose of supporting the placement or installation of a cellular telecommunications facility.

[Added 12-8-2015 by Ord. No. 433; amended 6-7-2016 by Ord. No. 438]

TELECOMMUNICATIONS EQUIPMENT BUILDING

The building in which the electronic receiving and relay equipment for a cellular telecommunications facility is housed.

[Added 9-2-1997 by Ord. No. 331]

TEMPORARY STRUCTURE

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 6-5-2018 by Ord. No. 451]

TOWER

A tower is a structure that is intended to support equipment used to transmit and/or receive telecommunications signs. Examples of such structures include monopoles and lattice construction steel structures.

[Added 9-2-1997 by Ord. No. 331]

TRAVEL TRAILER

A travel trailer is a vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation and vacation uses, having a body width limited to eight feet and a body length limited to 35 feet.

TREE PROTECTION ZONE (TPZ)

An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees. When, in the opinion of the Township Engineer, however, the tree protection zone requirements cause trees to be removed that would otherwise remain on the site, the Board of Supervisors may reduce or waive the distance requirements.

[Amended 3-18-2003 by Ord. No. 256; 10-4-2016 by Ord. No. 442]

USE

Any activity, occupation, business or operation, or as a category of specific uses similar in function and permitted in the same zoning district.

(1) ACCESSORY USE A use located on the same lot with a principal use, and clearly incidental or subordinate to, and customary in connection with, the principal use.

(2) PRINCIPAL USE The main use on a lot.

VARIANCE

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.

WATER

(1) PRIVATE WATER Water supplied to a building from an individual well on the lot on which the building is located.

(2) PUBLIC WATER Water brought from off the lot in pipes from a central water source. It may be municipally or privately owned, and may supply either a subdivision, development, or large areas of the Township.

WBCA

Pennsylvania Wireless Broadband Co-location Act (53 P.S. § 11702.1 et seq.).

[Added 12-8-2015 by Ord. No. 433]

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, microwave, satellite, or radio signals.

[Added 12-8-2015 by Ord. No. 433]

YARD

An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.

(1) FRONT YARD A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.

(2) REAR YARD A yard between a structure and a rear lot line and extending the entire length of the rear lot line.

(3) SIDE YARD A yard between a structure and a side lot line, extending from the front yard to the rear yard. 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.

[1] Editor’s Note: The former definition of "conditional use," which immediately followed this definition, was deleted pursuant to Ord. No. 393, adopted 6-16-2009.

[2] Editor's Note: See 53 P.S. § 301 et seq.

[3] Editor's Note: 65 P.S. § 271 was repealed 10-15-1998, P.L. 729, No. 93, § 6(a)(3). See now 65 Pa.C.S.A. § 701 et seq.