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Township of Lower Oxford, PA
Chester County
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[Ord. 1-71, 3/2/1971; as amended by Ord. 4/23/1986, 4/23/1986; by Ord. 6/24/1987, 6/24/1987; by Ord. 1-92, 4/8/1992, § 1; by Ord. 2-92, 6/10/1992, § 1; by Ord. 3-92, 7/8/1992, § 1; by Ord. 1-93, 1/6/1993; by Ord. 3-93, 1/6/1993, § 1; by Ord. 1-95, 5/10/1995, § 1; by Ord. 3-95, 8/9/1995, § 1; by Ord. 1-96, 5/8/1996, § 1; by Ord. 4-96, 7/10/1996, § 1; by Ord. 1-98, 3/11/1998; § 1; by Ord. 3-99, 5/12/1999, § A; by Ord. 1-2000, 6/14/2000; by Ord. 2-2002, 6/12/2002; by Ord. 2-2003, 2/12/2003; by Ord. 1-2004, 3/25/2004; and by Ord. 2-2006, 11/8/2006]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Chapter 27 to have the meaning indicated in this Part 2. The present tense includes the future, the singular number includes the plural, and the plural the singular; the masculine gender indicates the feminine and neuter.
ACCESS DRIVE
A private drive providing pedestrian and vehicular access between a public or private street and a parking area within a land development and any drive servicing two or more units of occupancy on a single lot or contiguous lots.
ACCESSORY BUILDING
A building, excluding manufactured homes, subordinate to the principal building on a lot and used for purposes customary and incidental to those of the principal building.
ACCESSORY USE
A use subordinate to the principal use of land or of a building on a lot and customarily incidental thereto.
ACT
The Pennsylvania Municipalities Planning Code, Act 247 (53 P.S. § 10101 et seq.), as amended.
ADULT-RELATED FACILITIES
A business or club which engages in one or more of the following areas of sales, services or entertainment.
A. 
Any place to which the public is permitted or invited wherein coin-operated, slug-operated or for any form of consideration or electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by depicting or describing of specified sexual activities or specified anatomical areas.
B. 
(1) 
A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
(a) 
Books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(b) 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(2) 
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore, adult novelty store or adult video store. Such other business purpose will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its business purposes (constituting the lesser of either 1,000 square feet or at least 25% of the sales and/or rental area of the business) is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
C. 
A nightclub, bar, restaurant or similar commercial establishment which features:
(1) 
Persons who appear in a state of nudity or seminudity.
(2) 
Live performances which are characterized by the exposure of "specified anatomical area" or by "specified sexual activities."
(3) 
Film motion pictures, videocassettes, slide or other photographic reproductions which are characterized by the description of "specified sexual activities" or "specified anatomical areas."
D. 
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slide or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical area."
E. 
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
F. 
A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
G. 
An establishment in which personal massages are offered with the intent to provide sexual stimulation to the customer.
H. 
Any place where a person who appears seminude, in a state of nudity or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the Commonwealth of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:
(1) 
That has no sign visible from the exterior of the structure and no advertising that indicates a nude or seminude person is available for viewing.
(2) 
Where, in order to participate in a class, a student must enroll at least three days in advance of class.
(3) 
Where no more than one nude or seminude model is on the premises at any one time.
I. 
A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.
AGRICULTURAL UTILIZATION OF SLUDGE
The application of sludge on, under or into land used for agricultural purposes.
AGRICULTURE
The cultivation of the soil and the raising and harvesting of the products of the soil, including, but not by way of limitation, nurserying, horticulture, forestry, mushroom growing and animal husbandry (care and raising of domesticated animals, such as cattle, horses, pigs, sheep, goats, poultry and similar species). It also includes preparation of fresh mushroom compost/substrate and processing of spent mushroom compost/substrate. Agriculture does not include the keeping of small animals, such as cats and dogs, as household pets.
[Amended by Ord. 3-2011, 6/8/2011]
ALTERATIONS
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders, joints or rafters, or enclosure walls.
AMUSEMENT ARCADE
A commercial establishment which provides as a principal use, amusement devices and/or games of skill or change (e.g., pinball machines, video games, skeeball, electronic or water firing ranges and other similar devices). This definition does not include the use of two or less such devices as an accessory use.
ANIMAL HOSPITAL
An institution where the science and art of prevention, cure or alleviation of disease and injury in animals is being administered by persons qualified and authorized to treat diseases and injuries of animals.
APARTMENT BUILDING
A building designed for and occupied as a residence of two or more families living independently of one another.
APPLICANT
A landowner or developer or his authorized agent, including his heirs, successors and assigns, as hereinafter defined, who has filed an application for subdivision or land development.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
ATTIC
That part of a building which is immediately below or wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room in inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.
AUTOMATIC CHANGEABLE-COPY SIGN FACES
An internally illuminated sign face comprised of light-emitting diodes, that is controlled remotely and equipped with ambient light sensors to control the display's intensity, that is located on a barn-like structure.
[Added by Ord. 2-2015, 1/14/2015]
AUTOMOBILE SERVICE STATION
An establishment where liquids used as motor fuels are stored and dispensed into the fuel tanks of motor vehicles by an attendant or persons other than an attendant and provides servicing for automobiles and other motor vehicles, but which does not include painting or body and fender repairs.
BASEMENT
An enclosed area partly or completely below grade. It shall be considered a building story if more than 33 1/3% of the perimeter walls are five feet or more above grade and if the net area of the door or window openings in the exterior walls is at least equal to 10% of the enclosed floor area.
BLOCK
An area of land bounded by streets.
BOARD
Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.
BREEZEWAY
A roofed, often open to the sides, passage connecting two buildings (as a house and garage) or halves of a building.
BUILDING
Any structure which has enclosing walls and a roof including house trailers and manufactured homes.
(1)
DETACHED — A building which has no party wall.
(2)
SEMI-DETACHED — A building which has only one party wall in common with an adjacent building.
(3)
ATTACHED — A building which has two or more party walls in common with adjacent buildings.
BUILDING AREA
The total or areas taken on a horizontal plane at the average grade level of the principal and all accessory buildings, exclusive of uncovered porches, awnings, terraces and steps.
BUILDING HEIGHT
A building's vertical measurement from the mean level of the ground abutting the building at its corners to the highest point of the roof.
BUILDING SETBACK LINE
A line within a lot which is equidistant from a front, side or rear line which represents the minimum separation distance between the street right-of-way or lot line to the limits of the building line as determined by the yard requirements of this chapter. If any portion of the front lot line is not within a street right-of-way, such distance shall be measured between such portions of the front lot line and the front building line.
BULK
A term used to describe the size of buildings or other structures and their relationships to each other, to open areas such as yards and to lot lines and therefore includes:
(1)
The size including height and floor area of buildings and other structures.
(2)
The relation of the number of dwelling units in a residential building to the area of the lot.
(3)
All open areas in yard space relating to buildings or other structures.
CARTWAY
The paved surface of a street available for vehicular traffic.
CELLAR
A space with less than 1/2 of its floor to ceiling height above the finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling unit, a cellar shall not be counted as floor area, nor as a story of permissible building height.
CHURCH AND RELATED USES
A building, structure or group of buildings or structures including accessory uses, designed or intended for public worship. This definition shall include rectories, convents and church related educational and/or day care facilities.
CODE ENFORCEMENT OFFICER
The person charged with the responsibility for administering the provisions of this chapter who may sometimes be referred to as Zoning Officer.
COMMERCIAL COMPOSTING PROCESSING OPERATION
Any mixing, combining, processing, aerating, packaging, shipping, or similar use of any composting materials or storing processed compost for the purpose of sale or distribution. Fresh mushroom compost/substrate and spent mushroom growing compost/substrate are specifically excluded from this definition.
[Amended by Ord. 3-2011, 6/8/2011]
COMMERCIAL RECREATION FACILITY
An activity operated as a business, open to the public, for the purpose of public recreation and entertainment, including, but not limited to: dance, exercise or martial arts studio, bowling alleys, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, mini golf and driving ranges, etc. This does not include adult-related uses, shooting ranges or amusement arcades, as defined herein.
[Amended by Ord. 2-2014, 9/24/2014]
COMMON OPEN SPACE
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 a development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMPOSTING MATERIALS
Any organic waste material including, but not limited to, the manure of any animal, organic material produced or reclaimed from cleaning any barn or other building or other building used for raising of agricultural products, livestock, poultry or horse stable or similar structure, or any other organic material which is stored, combined, processed, aerated, packaged, shipped for reuse or application on any property or any additional processing.
A. 
Normal waste materials of a residential property, generated on same property and contained in some manner.
B. 
Containment of residential compost materials must meet setback regulations for accessory buildings within the district.
CONDITIONAL USE
A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations of the Planning Commission, in accordance with Part 12 and Part 14 of this chapter.
CONTRACTOR BASE FACILITIES
Office, shop, storage and garage facilities for service type contractors that perform the majority of their business at the job site including, but not limited to, carpenters, painters, roofers, etc.
CONVENIENCE STORE
A building used for the purpose of retail sales of foodstuffs and dry goods. Permissible accessory uses to this use only shall include the retail sale of gasoline and related products and the retail sale of prepared food for consumption off-premises.
CUL-DE-SAC
A residential street with an open end for public vehicular and pedestrian access and the other end terminating in a vehicular turn around.
DATE OF FILING
A date on which a completed application together with all required information, fees, etc., is received by the appointed Township official.
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 Lower Oxford lies.
DECK
A flat, wooden floored, roofless area adjoining a house, often used for recreational purposes.
DENSITY, GROSS
The number of dwelling units per the base site area.
DENSITY, NET
The number of dwelling units per the net buildable site.
DETACHED DWELLING
A single dwelling which has yards on all four sides.
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 ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT PLAN
The provisions for development including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
DOMESTIC WASTE
Normal wastes from kitchens, water closets, lavatories, and laundries in residences, offices, hotels, stores, restaurants, hospitals, schools, commercial establishments, industrial establishments and similar services.
DRIVEWAY
A private means of vehicular and pedestrian access from a public or private street to a single lot.
DRIVEWAY, COMMON
A driveway providing access to not more than two contiguous lots, which is established and maintained in accordance with the applicable requirements of this chapter or the Township Subdivision and Land Development Ordinance [Chapter 22] and all other applicable laws and regulations.
DUMP
A lot or portion of a lot used for deposit and storage of refuse including, but not by way of limitation, garbage, ashes, and rubbish. The definition of dump does not include a sanitary landfill as defined by this Chapter 27 and when operated in accordance with standards established by the Pennsylvania Department of Environmental Resources and/or the Chester County Health Department.
DWELLING
A building designed for and occupied for residential purposes, excluding hotels, institutional homes, motor courts, and the like, and including, but not limited to, the following:
(1)
SINGLE-FAMILY DETACHED DWELLING — A dwelling on a lot designed and occupied exclusively as a residence for only one family, having independent outside access and having open space on all sides.
(2)
DUPLEX DWELLING — A single two-family semi-detached dwelling on a lot having only two dwelling units from ground to roof and having only one wall in common with another dwelling.
(3)
TWIN-HOME DWELLING — A single-family, semi-detached dwelling unit having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.
(4)
SINGLE-FAMILY ATTACHED DWELLING — A dwelling on a lot designed and occupied exclusively as a residence for one family, having independent outside access attached to but separated from adjoining dwelling by not more than two parting walls.
(5)
MULTIPLE-FAMILY DWELLING — A dwelling on a lot designed and occupied exclusively as a residence for three or more families.
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.
EASEMENT
A right-of-way granted for limited use of land for public or private use.
ENGINEER
A licensed professional engineer registered in Pennsylvania and duly designated by Lower Oxford Township to perform the duties of engineer as herein specified.
ENLARGEMENT
An addition to the floor area of an existing building, an increase in size of another structure, or an increase in that portion of a lot occupied by an existing use.
ESCORT
A person who for consideration agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(1)
A single person occupying a dwelling unit, or
(2)
Two or more persons related by blood or marriage occupying a dwelling unit, including not more than two boarders, roomers, or lodgers; or,
(3)
Not more than four unrelated persons occupying a dwelling unit, living together.
FAMILY FARM RELATED BUSINESS OR SCHOOL (FFRBS)
A use which is customarily accessory to normal farming practices which would be conducted on a family farm in accordance with Part 14, "General Provisions," § 27-1417, "Family Farm Related Business or School."
FARM FAMILY
A farm family is:
(1)
A single person actively farming the farm on which he resides; or,
(2)
Two or more persons related by blood or marriage actively farming the farm on which they reside.
FEED LOT
A plot of land on which livestock are fattened for market.
FLOODPLAIN SOILS
Soils along streams subject to flooding as a natural function of streams and wetlands, as identified by the "Soil Survey of Chester County, Pennsylvania," U.S.D.A., SCS, dated May 1963, as being "on the floodplain" or "subject to flooding."
FLOOR AREA
The sum of the gross horizontal area of the several floors of a building or buildings measured from the outer face of the exterior walls or from the inner face of walls separating two buildings.
(1)
RESIDENTIAL USE — The sum of the gross horizontal area of the several floors of a building and its accessory buildings, excluding cellar, basement, garage or carport floor areas not devoted to residence.
(2)
OFFICE, COMMERCIAL, INDUSTRIAL OR MANUFACTURE USE — The sum of the gross, horizontal area of the several floors of a building and its accessory buildings including basements and attics within a minimum headroom of eight feet.
FLOOR AREA RATIO
The ratio of floor area to the lot area, as determined by dividing the floor area by the lot area.
FLOOR AREA, GROSS
The sum of the floor areas of a building measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use.
FLOOR AREA, GROSS LEASABLE
The total floor area designed for occupancy by an owner or tenant, as measured to the center of interior joint walls and the exterior of outside walls.
FLOOR AREA, HABITABLE
The sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including cellars or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.
FRESH MUSHROOM COMPOST
Composting materials as herein defined being prepared and processed for the purpose of creating a medium in which to grow mushrooms.
GARAGE, PRIVATE
An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises.
GARAGE, PUBLIC
Building where motor vehicles are stored in return for compensation.
GROUNDWATER
All water beneath the surface of the ground excluding water above the water table but below the surface of the ground.
GROUNDWATER MONITORING POINT
Point or points where pits, wells, or other facilities are placed in a geologic formation at a particular depth or over a particular depth range for the purpose of collecting samples of ground water from directly beneath the point or points.
HALF OR PARTIAL STREET
A street, generally parallel and adjacent to a property line, having less right-of-way width than normally required for a satisfactory improvement and use of the street.
HEAVY CONSTRUCTION CONTRACTOR BASE FACILITIES
Office, shop, storage, garage and storage/equipment yard facilities for heavy construction type contractors that perform the majority of their business at the job site including, but not limited to, excavation, bridge and road contractors.
HEIGHT OF A BUILDING
A measurement of a building's vertical height as taken from the average exposed ground elevation surrounding the building foundation to the peak of the roof.
HEIGHT, STRUCTURE
A structure's vertical measurement from the mean level of ground abutting the structure to the highest point of the structure.
HEIGHT, WIND TURBINE
The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
[Added by Ord. 1-2012, 6/13/2012]
HOME OCCUPATION
An accessory use which is customarily carried on within a dwelling unit or an accessory structure by one or more occupants of the dwelling unit except that two persons not residing in the dwelling unit may be employed. See § 27-1418, "Home Occupation," for design standards.
IMPERVIOUS SURFACE AREA
All surfaces which do not absorb water including all buildings and paved surfaces. In addition, any other area determined by the Township Engineer to be impervious within the meaning of this definition shall also be classified as impervious. Total square foot area within this definition, as projected on a horizontal plane, shall be considered as impervious surface.
IMPERVIOUS SURFACE RATIO
The total area of all impervious surfaces divided by the base site area.
IMPROVEMENTS, PUBLIC
Includes, but are not limited to, grading, paving, curbing, fire hydrants, water mains, sanitary sewers, storm sewers, and other surface drainage facilities, retaining walls, street signs, monuments or the like, intended for dedication to the Township.
INDUSTRIAL WASTE
Any and all waste discharged from an industrial or manufacturing establishment other than domestic waste.
JUNKYARD
An area of land with or without buildings used for storage outside a completely enclosed building or used and discarded materials including, but not limited to, wastepaper, rags, metal building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, is a junkyard, provided that unused farm equipment stored on agricultural properties shall not be included within the definition of a junkyard.
KENNEL
A structure or place used for the breeding or boarding of two or more domestic animals.
LAND APPLICATION OF SLUDGE
The application of sludge on, under or into the land at any location for any purpose other than agriculture.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(a)
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.
(b)
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.
(2)
A subdivision of land.
(3)
"Land development" does not include development which involves:
(a)
The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(b)
The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building.
(c)
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
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 land, shall be deemed to be a landowner for the purposes of this chapter.
LANDSCAPE SCREEN
A completely planted visual barrier composed of plants and trees to form both a low level and high level screen.
LIGHT (LIMITED) INDUSTRY
A branch of a craft, art, business, manufacturer, especially one that utilizes capital in manufacturing and which can be accommodated close to residential districts because of its minimum impact to the environment in terms of noise, air pollution, water pollution and movement of materials.
LOT
Any parcel or tract of land intended as a single unit for the purpose of ownership, transfer of ownership, use, rent, improvement or development. The word "lot" includes the word "plot", "parcel" or "tract." Contiguous nonconforming lots of record under single and separate ownership shall be considered one lot for the purposes of this chapter. A lot as herein defined may or may not coincide with a lot of record.
LOT, CORNER — 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 shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots shall have two front yards, one side and one rear yard.
LOT, FLAG — A lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage.
LOT, INTERIOR — A lot other than a corner lot, the sides of which do not abut a street.
LOT, THROUGH or REVERSE FRONTAGE — An interior lot having frontage on two parallel or approximately parallel streets.
LOT AREA
The area of land included within a lot provided that the area shall not include any part of an existing or proposed street right-of-way, nor shall the lot area include the area of the leg of a leg lot when said leg is less in width than the required building width and greater than 50 feet in length.
LOT AREA, MINIMUM
The area contained within the property line of the lot excluding any area within any existing or designated future street right-of-way, and excluding any area required as open space under this Chapter 27.
LOT COVERAGE
A percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks).
LOT LINE, FRONT
The line separating the lot from the street right-of-way.
LOT LINE, REAR
The line which is parallel to or within 45° of being parallel to the line designated as the front lot line.
LOT LINE, SIDE
A side lot line is any lot line which is not a front lot line or a rear lot line.
LOT OF RECORD
A lot identified on a subdivision plan or on a deed or other instrument of conveyance recorded in the Office of the Recorder of Deeds in and for Chester County, Pennsylvania.
LOT WIDTH
The distance between the side lines of a lot measured along a straight line lying between the required front and rear building setbacks and making equal angles with the side lines. For a corner lot, the lot width is the distance between one of its front lot lines and the side lot line opposite thereto, measured along a straight line making equal angles with such front and side lot lines and lying between the required front building setback from the other front lot line and the required side building setback from the side lot line opposite such other front lot line. If the lot width is measured along the setback line, the lot width at the street right-of-way line shall be a minimum of 50 feet or as designated by the zoning district.
MANUFACTURE
A function involving the processing or production of materials, goods or products.
MANUFACTURED 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.
MANUFACTURED HOME LOT
A parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home.
MANUFACTURED HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more manufactured home lots for the placement thereon of manufactured homes.
MANURE
The fecal and urinary excrement of livestock and poultry, often containing some spillage of food, bedding or litter.
MANURE STORAGE FACILITIES
A detached structure or other improvement built to store manure for future use or disposal. Types of storage facilities are as follows: underground storage, in ground storage, earthen bank, stacking area, above ground storage, and under barn storage. Under barn manure storage shall not be counted as floor area, or as a story of permissible building height.
MARKER
A metal pipe or pin of at least 1/2 inch in diameter, and at least 24 inches in length.
MEDICAL RESIDENTIAL CAMPUS
A principal use whereby a comprehensive medical and residential environment primarily serves retirement-aged persons and/or those possessing some ailment or disability. Medical residential campuses also offer a variety of residential dwelling types determined by the occupants' respective needs for some level of nursing and/or medical care.
MINIWAREHOUSE
A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair or other nonstorage activities shall be permitted.
MONUMENT
A stone or concrete monument with a flat top at least four inches across and at least 24 inches in length.
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."
NEIGHBORHOOD IMPACT ANALYSIS
Involves the following elements:
(1)
The conformance of the proposed development or use with the Comprehensive Plan for Lower Oxford Township and the compatibility of the project with existing and proposed land uses adjacent to the site.
(2)
The impact on any existing floodplains, heavily wooded areas, steep slopes and other sensitive natural features, if any.
(3)
The impact on the Township and regional transportation system and the ability of the adjacent streets and intersections to efficiently and safely handle the traffic generated by the proposed development or use.
(4)
The impact on public utilities including, but not limited to, sewage disposal, garbage and rubbish disposal, water supply, storm drainage and electrical utilities.
(5)
The impact on the provisions of police and fire protection for the proposed development or use.
(6)
(6) The impact upon the character of the surrounding neighborhood. The applicant must show that the proposed development or use will not adversely affect the neighborhood by reasons of noise, odors, vibration or explosion.
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 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.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part or the nipple or the showing of the covered male genitals in a discernibly turgid state.
NURSING, REST OR RETIREMENT HOMES
Facilities designed for the housing, boarding and dining associated with some level of nursing care.
OPEN SPACE
That portion of a lot which is restricted from future development for natural resource protection, buffers, and/or recreation. "Open space" does not include land occupied by structures, roads, road rights-of-way, parking lots or areas reserved for future parking lots, stormwater detention basins, nor does it include any portion of the minimum lot areas as required by this chapter.
OPEN SPACE RATIO
That portion of the base site area that is required to remain as open space.
OTHER WASTE MATERIALS
All waste materials whether solid, or liquid, or semi-solid, or semi-liquid, or otherwise from any source.
PARKING SPACE
An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.
PATIO
A masonry (usually concrete or brick) flat floored area adjoining a house often used for recreation purposes.
PERSON
Includes an individual, corporation, partnership, incorporator's association, or any other similar entity.
PLAN, FINAL
A complete and exact land development or subdivision plan prepared by a registered engineer, land surveyor, or landscape architect for official recording as required by the Act to define property rights and proposed streets and other improvements.
PLAN, PRELIMINARY
A tentative land development or subdivision plan prepared by a registered engineer, land surveyor or landscape architect, in lesser detail than a final plan, showing approximate proposed street, drainage, and lot layout as a basis for consideration prior to preparation of a final plan.
PLAN, PROFILE
A plan prepared by a registered engineer or surveyor showing the vertical section of the existing grade and proposed grade along the center line of any proposed street, and any street appurtenances to be constructed or installed, which must include a typical cross-section of the street construction.
PLAN, SKETCH
An informal plan, not necessarily to exact scale, indicating topographic and other salient existing features of a tract and its surroundings and general layout of the proposed subdivision or land development.
PLANNING COMMISSION
The Planning Commission of Lower Oxford Township.
PORCH
A covered entrance to a building, usually with a separate roof.
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; and
(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," 53 P.S. § 271 et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Township of Lower Oxford. 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.
PUBLIC ROAD
Any Township or state owned 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.
PUBLIC UTILITIES
Use or extension thereof which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service.
PUBLIC WATER (otherwise known as the PUBLIC WATER SUPPLY SYSTEM)
Any municipally or privately owned water supply system established for the distribution or sale of water in accordance with the regulations of the Pennsylvania Department of Environmental Resources and other applicable laws of the commonwealth.
QUARRY
A lot or portion of a lot used for excavation and/or removal of rock, stone, sand or other earthen material.
RECREATION RATIO
That portion of the total unrestricted land area that is required to be utilized for active recreation use.
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.
RESTAURANT
An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Caterers shall be included in this definition.
RESTAURANT, DRIVE-THROUGH OR FAST-FOOD
An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off site.
RETAIL
Those businesses whose primary activities involve the display and the sales of goods and products to the general public. This term shall not include adult related uses as defined herein.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a major thoroughfare and local street and with vehicular access solely from the latter.
RIGHT-OF-WAY
Refers to land reserved as a street, crosswalk, or for other public or private purposes.
SANITARY LANDFILL
A land site on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.
SEMINUDE or IN A SEMINUDE CONDITION
The state of dress in which clothing partially or opaquely covers specified anatomical areas.
SEWAGE
All water-carried domestic or industrial wastes or any combination thereof.
(1)
INDIVIDUAL SYSTEM — The treatment and disposal of sewage by use of septic tanks and on-lot subsurface seepage beds, or other safe and healthful means, approved by the Chester County Health Department. Such system shall be totally within the confines of the lot on which the use is located.
(2)
COMMUNITY SEWAGE COLLECTION, TREATMENT, AND/OR DISPOSAL SYSTEM — A sanitary sewage system which carries sewage from individual dischargers by a system of pipes to one or more common treatment and disposal facilities employing spray irrigation and/or subsurface land disposal techniques. Treatment and disposal may occur either within the parcel being developed or an adjacent parcel, and shall be approved by the Chester County Health Department and/or the Pennsylvania Department of Environmental Resources.
(3)
PUBLIC SEWAGE SYSTEM — A publicly owned regional system for treatment and disposal of sewage in which sewage is conveyed to the system by a central collection system. The system shall be approved by the Chester County Health Department and/or the Pennsylvania Department of Environmental Resources.
SEWAGE SLUDGE
Coarse screenings, grit, and dewatered or air dried sludges, septic and holding tank pumpings and any other residues from sewage collection and treatment systems which require disposal.
SEXUAL ACTIVITIES
Any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic region, anus, buttocks, female breasts.
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.
(3)
Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) and (2) above.
SEXUAL ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center. An adult-related facility.
SIGN AREA or SURFACE DISPLAY AREA
The entire area within a continuous perimeter formed by straight lines joined at right angles which enclose the extreme limits of the writing, background, representation or display of the sign face. The supports, uprights, or structure on which any sign is supported shall not be included in determining the surface display area unless such supports, uprights or structure is designed in such a manner as to form an integral background of the display or conveys meaning. For the purpose of computing the allowable area of a double-faced sign, one sign face shall be considered.
[Added by Ord. 1-2009, 5/13/2009]
SIGN, INFORMATIONAL
A freestanding sign providing information necessary for the operation of a business, including, but not limited to, menu boards associated with fast-food operations.
[Added by Ord. 1-2009, 5/13/2009]
SIGN, MONUMENT
A freestanding sign in which the entire bottom is either in contact with or within five feet of the ground.
[Added by Ord. 1-2009, 5/13/2009]
SIGN, PROJECT IDENTIFICATION
A freestanding sign identifying the name of the shopping center and some or all of the businesses within the shopping center.
[Added by Ord. 1-2009, 5/13/2009]
SIGN, TRAFFIC CONTROL AND DIRECTIONAL
A sign within a shopping center used solely for the purpose of control and direction of vehicular traffic within the shopping center. A directional sign may direct vehicles to particular buildings or tenant spaces within the shopping center.
[Added by Ord. 1-2009, 5/13/2009]
SIGN, WALL
A sign fastened to, or painted on, the wall of a building or structure in such manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than 12 inches from such building or structure.
[Added by Ord. 1-2009, 5/13/2009]
SHOPPING CENTER
One or more buildings or parts thereof, designed as a unit to be occupied by one or more business enterprises for the conduct of business as an integrated planned area development, with controlled ingress and egress and off-street parking provided on the property as an integral part of the unit. These enterprises may include those for the retail sale of such things as dry goods, variety and general merchandise, clothing, food, flowers, drugs, liquor, household supplies or furnishings, sale or repair of jewelry or scientific instruments, the provision of personal services such as barbershops, banks, hairdressers, laundry or laundromats, and cleaning and pressing shops, and for such purposes as theaters or bowling alleys, restaurants and fast-food restaurants.
[Amended by Ord. 1-2009, 5/13/2009]
SIGN
Any letter, word, model, device, symbol, or representation intended as an announcement, direction or advertisement and may be:
[Amended by Ord. 1-2009, 5/13/2009]
A. 
Either freestanding or attached to another structure; or
B. 
Painted on the exterior wall of a building or other structure.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons which ownership is separate and distinct from that of any adjoining property.
SITE AREA, BASE
The gross site area minus: (A) all roads as measured to their ultimate rights-of-way and existing overhead utility transmission rights-of-way; and (B) land without development opportunities due to conservation easement or restrictive covenant.
SITE AREA, GROSS
All land area within the site as determined from an actual site survey.
SITE AREA, NET BUILDABLE
That part of the base site area remaining for development after the required amount of open space has been subtracted.
SLUDGE
Sewage sludge or other waste materials as defined herein or any other material, which any person seeks to spread or place on the land, other than commercially prepared and sold agricultural fertilizers and agriculturally-produced animal wastes.
SOLAR ENERGY FACILITY - LARGE-SCALE
An electric-generating facility, whose main purpose is to generate and supply electricity, and which consists of one or more solar energy systems and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. Such facilities shall not include solar energy systems meant for residential or agricultural use.
[Added by Ord. 1-2012, 6/13/2012]
SOLAR ENERGY SYSTEM
Any solar collector or any other solar energy device, or any structural design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar energy for heating, cooling or electricity.
[Added by Ord. 1-2012, 6/13/2012]
SOLAR ENERGY SYSTEM - RESIDENTIAL AND AGRICULTURE
A solar collector or energy device, in accordance with the definition in this chapter, which is used solely to generate electricity for the residence on which it is located or for the agricultural operation on which it is located, except that electricity may be sold back to the power company, and further any agricultural shall be treated as a commercial solar energy system and must comply with the regulations contained herein for that purpose if it produces more than 125% of its own electricity use.
[Added by Ord. 1-2012, 6/13/2012]
SOLID WASTE
Garbage, refuse, and other discarded materials including, but not limited to, solid and liquid waste materials, resulting from Township, industrial, commercial, agricultural and residential activities.
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., 10901 et seq.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely covered.
SPENT MUSHROOM GROWING SUBSTRATE (a/k/a SPENT MUSHROOM COMPOST)
Any material or substance remaining, which is no longer used for growing mushrooms, after the mushroom growing cycle is complete, and the crop harvested. The material generally consists of organic material such as straw, manure, hay, cobs, peat moss, and/or soil as remains after crop harvest. This definition shall be deemed to include "aged spent mushroom compost" which is the material remaining after the spent mushroom compost has been subjected to natural elements for a period of time, after which the fibrous constituents thereof have been naturally conditioned by the elements leaving the material that is primarily a humus-type material suitable for potting soil or topsoil.
STEEP SLOPES
Areas where the slope exceeds 15%.
STORY
That portion of a building located between the surface of any floor and the ceiling or roof next above it.
STREET
A strip of land dedicated or offered for dedication to the Township, county or the state, comprising the entire area within the right-of-way which can be traversed at all times of the year by modern motor vehicles and provides adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of the health and safety of Township residents. A strip of land offered for dedication to the Township must have a cartway constructed in conformance with the Lower Oxford Township Subdivision and Land Development Ordinance [Chapter 22]. The word "street" includes road, thoroughfare, parkway, avenue, boulevard, expressway, highway, lane, drive, circle and other common synonyms. Private drives or roads do not qualify as a street for zoning purposes.
(1)
COLLECTOR STREET — A street which carries traffic from local streets into the system of major thoroughfares.
(2)
LOCAL STREET — A street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
(3)
MAJOR THOROUGHFARE — A street with considerable continuity connecting district centers which serves, or will eventually serve large volumes of traffic.
STREET LINE
A street line is the right-of-way line of a street.
STREET, CENTER LINE OF
The center line of a street is a line which is an equal distance from both street lines.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SWIMMING POOL
A temporary or permanent structure containing or that could contain a body of water with a minimum depth of two feet.
(1)
PRIVATE — Any pool or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than two feet. Ponds and/or lakes are not included provided that swimming was not the primary purpose for their construction.
(2)
PUBLIC — Any open or enclosed pool, open to the public for amateur and/or professional swimming or recreational bathing whether or not a fee is charge for admission or for the use thereof.
TEMPORARY HOME
A manufactured home placed on any lot conforming with the zoning district area requirement on a temporary basis for use and occupancy as a residence by a parent or parents, or grandparent or grandparents of the occupant(s) of the principal residence.
TOWNHOUSE
A building, housing a single family which has one or two common walls with similar buildings provided that no more than four such buildings may be so attached in any one group.
TOWNSHIP
The Township of Lower Oxford.
TOWNSHIP ROAD
Any Lower Oxford Township owned street, as defined herein.
UNIFIED COMMERCIAL/LIGHT INDUSTRIAL DEVELOPMENT
A tract of land under single ownership designed and developed for commercial and light industrial purposes from a single, unified subdivision or land development plan, involving the layout of building sites, buildings and improvements, together with associated landscaping, pedestrian and vehicular traffic circulation planning, stormwater management facilities, parking, lighting and similar improvements, in order to achieve a campus theme involving a combination of more than one permitted use in the zoning district in which a unified commercial/light industrial development is permitted by conditional use.
[Added by Ord. 2-2014, 9/24/2014]
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.
VETERINARIAN'S OFFICE
A building used primarily for the treatment by a veterinarian of small domestic animals such as dogs, cats, rabbits and birds or fowl. No outdoor boarding of animals is permitted.
(1)
INDIVIDUAL SYSTEM — A safe and healthful supply of water to a single user from a private well located on the lot on which the use is located.
(2)
CENTRAL WATER SUPPLY SYSTEM — A system for supplying water from a common source or sources, available to all dwellings and buildings within a service area to be approved by the Township. The system shall be approved by the Chester County Health Department and/or the Pennsylvania Department of Environmental Resources. The water supply source may be located on or off the lot or lots being serviced by the system.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Township of Lower Oxford.
WHOLESALE
Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.
WIND ENERGY CONVERSION SYSTEM
Any device such as a wind charger, wind turbine or windmill and/or other electric-generation facility whose main purpose is to convert wind power into another form of energy such as electricity or heat for distribution, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
[Added by Ord. 1-2012, 6/13/2012]
WIND ENERGY SYSTEM, COMMERCIAL INDUSTRIAL SCALE
A wind energy system consisting of one or more wind turbines, towers and associated controls and conversion electronics which has a rated capacity of greater than 100 kilowatts and which is designed and used solely to generate power to offset utility costs.
[Added by Ord. 1-2012, 6/13/2012]
WIND ENERGY SYSTEM, SMALL
A wind energy conversion system consisting of a wind turbine, a tower, and associated control in conversion electronics which has a rated capacity of not more than 100 kilowatts and which is designed and used to generate power solely to serve to offset utility costs of a principal and/or accessory building located on the lot on which said device is situated.
[Added by Ord. 1-2012, 6/13/2012]
WIND TURBINE
A wind energy system that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, rotor, tower and pad transformer, if any.
[Added by Ord. 1-2012, 6/13/2012]
WOODLANDS
Stands of trees averaging greater than six inches in caliper measured four feet above the ground covering an area greater than 1/4 acre; or a grove of more than five trees within an area less than 1/4 acre that is greater than 12 inches in caliper measured four feet above the ground. Such woodland associations shall include but shall not be limited to floodplain and swamp association, meisic upland and lowland associations, and upland associations.
YARD
That portion of a lot which is unoccupied and open to the sky and extends from lot line to the building.
YARD, FRONT
A yard extending the full width of the front lot line and extending in depth from such lot line to the nearest point of any building on the lot.
YARD, REAR
A yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any building on the lot.
YARD, SIDE
A yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any building on the lot.
ZONING HEARING BOARD
The Zoning Hearing Board of Lower Oxford Township.