Township of Upper Hanover, PA
Montgomery County
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For purposes of this chapter, certain words shall be interpreted as follows:
A. 
Words used in the present tense include the future.
B. 
The singular number includes the plural, and the plural includes the singular.
C. 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
D. 
The word "person" includes an individual, corporation, partnership, incorporated association, and/or any other similar entity.
E. 
The words "include" or "including" shall not limit the term to the specified examples but are intended to extend the meaning to all other instances of like kind and character.
F. 
The word "building" shall always be construed as if followed by the words "or part thereof."
G. 
The word "may" is permissive, and the words "shall" and "will" are always mandatory.
H. 
The masculine includes the feminine (he/she, his/her, etc.).
Words and terms used in this chapter shall have the meanings given in this article. Unless expressly stated otherwise, any pertinent word or term not a part of this listing but vital to the interpretation of this chapter shall be construed to have its legal definition or, in absence of a legal definition, its meaning as commonly accepted by practitioners including civil engineers, surveyors, architects, landscape architects, and planners.
ACCESS DRIVE
A privately owned, constructed and maintained vehicular access from a public or private right-of-way to off-street parking or loading spaces.
ACCESS STRIP
A piece of land which provides physical access to and legal road frontage for a lot but which does not comply with the minimum lot width regulations of this chapter. Access strips shall be a minimum of 50 feet wide and provide access to "rear" or "interior" lots. The area of an access strip shall not be included in the minimum lot area or minimum front yard setback required under the provisions of this chapter.
ACCESSORY STRUCTURE OR BUILDING
See "building."
ACCESSORY USE
A use on the same lot and customarily incidental and subordinate to the principal building or use.
ADDITION
An extension or increase in floor area or height of a building or structure.
ADULT USE
Any business, club or other similar operation which permits patrons, clients, visitors or members to hear, view, read, lease, purchase, trade or exchange and/or participate in activities, publications, movies, videotapes and/or live or televised performances which have as their dominant theme or themes explicit sexual activities and/or the exhibition of portions of the human or animal anatomy which are not normally seen in public or in commercial or other club-type operations, including the genital areas, buttocks, and female breasts, and which operations may or may not exclude minors by virtue of age. Included in the term "adult use" are bookstores, movie theaters, restaurants, bars and any other operation which qualifies for inclusion by virtue of the definition above, regardless of the type of other uses or operations which may also be conducted on or in the property or properties involved.
AGRICULTURE
The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating and storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
AIRPORT-ZONING-RELATED TERMS
The following terms are defined solely for the purposes of Article XXII, AZ Airport Zoning District.
A. 
Facility for takeoff and landing of aircraft, complying with FAA Regulations, with accessory uses associated with aircraft.
B. 
The highest point of an airport's usable landing area measured in feet from sea level.
C. 
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 500-2202 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
D. 
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
E. 
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
F. 
For the purpose of determining the height limits in areas regulated by Article XXII, AZ Airport Zoning District, of this chapter, and shown on the airport zoning map, height shall be measured from the airport elevation, as defined herein.
G. 
The area of the primary surface coincides in size and shape with the designated takeoff and landing area of the heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.
H. 
A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
I. 
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
J. 
For airport zoning, includes any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
K. 
A runway having an existing instrument-approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
L. 
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 500-2202 of this chapter.
M. 
An individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.
N. 
A runway having an existing instrument-approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision-approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
O. 
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface or planned hard surface, the primary surface is set forth in § 500-2201 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
P. 
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
Q. 
For airport zoning purposes, an object, including a mobile object, constructed or installed by man, including but without limitation buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
R. 
These surfaces extend outward at 90° angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surface, extending a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90° angles to the extended runway center line.
S. 
For airport zoning purposes, any object of natural growth.
T. 
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
U. 
A runway intended solely for the operation of aircraft using visual approach procedures.
ALLEY
A minor vehicular right-of-way, public or private, on which no principal structures front, which serves as the secondary means of access to two or more properties which otherwise front on a public street.
ALTERATION
As applied to building or structure, a change or rearrangement in the structural parts or mechanical equipment or any enlargement or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Any change that would adapt a building to a different use or, in the case of a nonconforming use, would prolong the life of such use.
ANCILLARY USE
A subordinate use that is controlled by a larger permitted use. An example is a public garage (tires, batteries, and accessories) or garden shop controlled by a department store.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
ANIMAL HUSBANDRY
The raising and keeping of livestock, fish, fur-bearing animals, honeybees, or poultry for any commercial purpose. The keeping of livestock, fish, fur-bearing animals, honeybees, or poultry as farm pets or for domestic purposes shall not be construed as animal husbandry. A kennel is not animal husbandry.
ANTENNA-RELATED TERMS
For the purposes of the antenna regulations found in § 500-826 of this chapter, the following definitions shall apply:
A. 
An apparatus, external to or attached to the exterior of a building or located on the ground, together with any supporting structure for sending or receiving electromagnetic waves, further defined as follows:
B. 
The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. If the antenna or satellite dish is mounted on the roof of a house or other building, the height shall be measured from the peak of the roof to the top of the antenna or satellite dish.
C. 
The area which lies between the satellite dish antenna and an orbiting satellite.
D. 
Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
E. 
A tract or parcel of land that contains the cellular communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with and ancillary to cellular communication transmission.
F. 
A structure consisting of three main components [the concave dish, a low-noise amplifier (LNA), and a receiver] that is designed to receive television broadcasts relayed by microwave signals from communications satellites orbiting Earth. Satellite dish antennas serve only the needs of the occupants of a single building or a single development, except when used as a master dish for a cable TV franchise.
G. 
A structure principally intended to transmit or receive broadcast signals [monitoring electromagnetic radiation (NIER)] for either private communications for the users of the site of the source or for use by the general population, on or off site. Accessory facilities include transmitting and other equipment needed to send or receive transmissions but does not include offices, long-term vehicle storage, other outdoor storage or broadcast studios, except for emergency purposes.
APARTMENT
See "dwelling types."
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns. Also, a person who has filed an application for zoning, building, occupancy or any other type of permit, including his/her heirs, successors, agents, assigns and/or builders or other persons responsible for the plans and construction of buildings or other improvements on any parcel of land. (See "developer" and "landowner.")
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.
AQUIFER
An underground bed or stratum of earth, gravel or porous stone that contains water.
AQUIFER RECHARGE AREA
The exposed ground level portion of an aquifer.
ARCADE
A place of business where three or more coin-operated game machines are located.
AREA
See "lot area."
A. 
The merging of adjacent properties into a single unit of ownership or use.
B. 
The property, so merged, considered as a unit.
C. 
A collection of persons or things; a gathering.
AUDITORIUM
A building containing a stage and seating for meetings and/or performances.
AUTO GRAVEYARD
Any place of storage and deposit, whether in connection with another business or not, where two or more unregistered vehicles no longer intended for legal use on public roads or in agricultural activities are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming some or all of the materials therein, or for the purpose of disposing of the same for any other purpose.
AUTO, RECREATIONAL VEHICLE OR BOAT SALES AREA
An open area, other than a street, used for the display, sale or rental of new or used motor vehicles, recreational vehicles, or boats in operable condition, and where no major repairs are done.
AUTO REPAIR GARAGE
Buildings and land where gasoline and other automobile parts and supplies are sold at retail and where major automotive repairs are conducted.
AUTOMOTIVE REPAIR, MAJOR
Major repairs include spray painting; body, fender, clutch, transmission, differential, axle, spring and frame repairs; major overhauling of engines requiring removal of cylinder head; repairs of radiator requiring removal thereof; welding and other work involving noise, glare, fumes and smoke; and complete recapping or retreading of tires.
AUTOMOTIVE REPAIR, MINOR
Includes:
A. 
Sale and servicing of spark plugs, batteries, and distributors and distributor parts.
B. 
Tire servicing and repair, but not recapping or regrooving.
C. 
Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like.
D. 
Radiator cleaning and flushing.
E. 
Washing and polishing, and sale of automotive washing and polishing materials.
F. 
Greasing and lubrication.
G. 
Providing and repairing fuel pumps, oil filters, and lines.
H. 
Minor servicing and repair of carburetors.
I. 
Emergency electrical repairs.
J. 
Adjusting and repairing brakes.
K. 
Minor motor adjustment not involving removal of the head or crankcase or racing the motor.
L. 
State inspection and normal state inspection repairs.
M. 
See "mini-market" as a possible accessory use.
AUTO SERVICE STATION
Buildings and land areas where gasoline, oil, grease, batteries, tires or automobile accessories are supplied and dispensed at retail direct to the motorist consumer and where minor automotive repairs and services are conducted. Not a "gasoline filling station."
AUTO WRECKING or AUTO SALVAGING
The dismantling or disassembling of used motor vehicles or recreational vehicles, or storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts; permitted only in the Outdoor Storage and Intensive Commercial/Industrial District.
BANK
Includes savings and loan, finance companies, credit unions and other similar financial or fiduciary institutions.
BANQUET FACILITY
A facility or hall that is available for lease by individuals or groups to accommodate private functions, including banquets, weddings, anniversaries and other similar celebrations. Such a use may or may not include:
[Added 8-11-2015 by Ord. No. 2015-07]
A. 
Kitchen facilities for the preparation or catering of food;
B. 
The sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the general public; and
C. 
Outdoor gardens or reception facilities.
BARN
A large farm building generally used to store farm products, supplies and/or equipment, and frequently containing facilities to shelter large livestock or for conducting farm operations, such as the milking of cows; or any accessory building that is larger in ground-floor area than the dwelling it is accessory to, regardless of the use of the accessory building.
BASEMENT
A space partially below ground, having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and a floor-to-ceiling height of not less than 6 1/2 feet. A space which does not meet the above criteria is a "cellar." Also, see "floodplain-related terms."
BASIC STRUCTURAL ALTERATION
Any enlargement of a building whether by extending on any side or by increasing in height; any change in the use or classification of a main building; or the moving of a building from one location to another.
BED-AND-BREAKFAST
A permitted home occupation use that provides overnight guest accommodations including daily breakfast, as regulated by § 500-810, Bed-and-breakfast accommodations, of this chapter. Also known as a "tourist home."
BEDROOM
A room in a dwelling of proportions clearly usable on a regular basis for sleeping, including space for typical bedroom furniture, and having a window for light, air and emergency escape purposes. Dens, family rooms, and other rooms which, in the opinion of the Township, are not suitable for regular use as sleeping rooms shall not be counted as bedrooms for the purposes of this chapter.
BILLBOARD
See "off-premises sign."
[Added 4-10-2007 by Ord. No. 2007-04]
BLOCK
An area of land bounded by streets or by a combination of streets and railroad rights-of-way, waterways or any other physical barrier to development.
BLOCK FRONTAGE
That portion of a block which abuts a single street.
BOARDER, ROOMER, LODGER
A person, except family, 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 to the owner or operator for lodging and/or board by prearrangement, for generally a week or more at a time. Any person occupying such room or rooms and paying such compensation, but without prearrangement, for less than a week, for the purposes of this chapter shall not be classified as a boarder, roomer or lodger, but as a guest.
BOARDINGHOUSE or ROOMING HOUSE
A commercial use consisting of a single dwelling unit and no more than five rooms or suites (accommodating no more than 10 lodgers) where lodging is provided with or without meals to tenants for periods generally longer than 30 days for compensation.
BUFFER
An area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them. Unless otherwise specified, buffer may be included as part of the required setbacks and yard areas. Buffers may be further defined and regulated by this or other Township ordinances to include screen and softening buffer categories. See Chapter 425, Subdivision and Land Development, for design requirements.
BUFFER, RIPARIAN
See "riparian buffer."
BUILDER
See "applicant."
BUILDING
Any structure, whether built conventionally or in a manner generally referred to as mobile, modular or manufactured, having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, animal, process, equipment, goods or materials of any kind or nature. (See "structure.")
A. 
A building detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
B. 
A building in which is conducted the principal (main) use of the lot on which it is located.
BUILDING AREA
The aggregate of the maximum horizontal cross-section area of all buildings on a lot, excluding cornices, eaves and gutters, but including porches, breezeways and carports.
BUILDING COVERAGE
The ratio obtained by dividing the maximum horizontal cross section of all principal and accessory buildings on a lot (including balconies and decks, covered porches, carports and breezeways, but excluding patios) by the net lot area of the lot upon which the buildings are located.
BUILDING ENVELOPE
The area of a lot within which a principal building may be erected. This area is defined by the limits of the minimum front, side and rear yard areas and encompasses the area of the lot not found in the yard areas and rights-of-way. (See "yard.")
BUILDING HEIGHT
See "height of building."
BUILDING INSPECTOR
The person or agency appointed by the Township Supervisors to administer and enforce the Township Building Code.[1]
BUILDING LINE
The line which serves as the rear boundary of the minimum front yard. (See also "yard line.") For the purposes of measuring lot width at the building line, the following apply:
A. 
For wedge-shaped lots which are narrower at the street than at the rear property line, the building line may be moved back from the minimum front yard depth to a point where the lot width equals the minimum required for the district, provided that at least 50 feet of street frontage is provided and the lot complies with all other dimensional requirements of the district.
B. 
For flag, rear or interior lots, the building line shall be oriented as parallel or concentric to the street from which access is provided as is feasible and set back from the intervening property line at least the minimum front yard depth.
CALIPER
Tree trunk diameter.
CAMPGROUND
A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes.
CAMPING UNIT
A tent, recreational vehicle or other camping vehicle meant to be used on a campsite. A camping unit may include small buildings specifically constructed for use on a campsite. Such buildings shall not exceed a footprint of 300 square feet including porches, decks, etc., and shall be a maximum height of 15 feet at the peak of the roof measured from the surrounding grade.
[Added 11-10-2009 by Ord. No. 2009-08]
CAMPSITE
A plot of ground within a campground for the use of a single camping unit.
[Added 11-10-2009 by Ord. No. 2009-08]
CAREGIVER
The person responsible for the direct care, protection, supervision and guidance of children in a day-care setting.
CAR WASH
A commercial facility and/or structure(s) used for the purposes of cleaning the exterior and/or interior surfaces of motor vehicles, whether self-service or operated by attendants or employees.
CARPORT
A building open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.
CARTWAY
The portion of a street or highway designed for vehicular traffic, typically paved.
CELLAR
The portion of a building which is partly or completely below grade and having more than 1/2 of its height below grade (see "basement"). Also see "floodplain-related terms."
CEMETERY
Land used or intended to be used for the burial of the deceased, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with the cemetery and within its boundaries.
CENTRAL SEWER OR WATER
A sewage disposal network and facilities or water supply network serving a group or series of property owners in common; may be publicly or privately owned.
CENTRALIZED SEWAGE/WASTEWATER TREATMENT FACILITY
Any facility or structure used or intended to be used for the treatment, conveyance, processing or disposal of wastewater from two or more dwelling units or the equivalent flow (800 gallons per day or more) from nonresidential uses. The facility may be publicly or privately owned. This definition shall not include facilities used solely for processing industrial waste or waste delivered to the site in trucks or trains.
[Added 8-12-2003 by Ord. No. 03-04]
CHURCH
See "place of worship."
CLUB
A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and/or bylaws. Also, the area of land or building owned, leased or occupied by the association, and whose activities are confined to the members and guests.
CODE ENFORCEMENT OFFICER
An official of the Township appointed in conformance with the Second Class Township Code[2] to enforce the regulations of the Township.
COMMERCIAL MOTOR VEHICLE
A motor vehicle licensed by the commonwealth in a class other than Class I or Class II.
COMMERCIAL SERVICES
A business which provides a service or sells retail goods predominantly to business and not to the general public, including quick-printing, office supply stores, etc.
COMMON FACILITIES
All the real property and improvements set aside for the common use and enjoyment of the residents, including, but not limited to, buildings, open land, private roads, parking areas, walkways, recreation areas, landscaped areas, drainage easements, and any utilities that service more than one unit, such as sewer and water facilities.
COMMON OPEN SPACE
See "open space, common."
COMPREHENSIVE PLAN
The Upper Perkiomen Valley Regional Comprehensive Plan, and amendments thereto, including maps, charts and/or descriptive matter intended to express policies to guide future development of the Township and region, and including all elements required by the Pennsylvania Municipalities Planning Code.[3]
[Amended 12-9-2003 by Ord. No. 03-12]
CONDITIONAL USE
A form of permitted use authorized by this chapter under the jurisdiction of the Board of Supervisors. The Board of Supervisors is empowered to grant permission for conditional uses consistent with the public interest, in compliance with the standards and procedures established in this chapter, following thorough examination of the proposal and under any reasonable safeguards necessary to implement the purposes and intent of this chapter and to protect the general welfare.
CONDOMINIUM
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, created under either the Pennsylvania Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium Act.[4]
CONDOMINIUM ASSOCIATION
A community association combining individual home ownership with shared use or ownership of common property and facilities, organized in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. The homeowner owns the interior of the individual residence while the exterior is owned "in common" with the other owners. The homeowner owns an undivided interest in the common facilities in addition to his residence. The association is responsible for maintaining the property and delivering common services but does not own the common property. "Condominium" is a legal form of ownership not a specific building type.
CONSTRUCTION
The construction, conversion, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile or manufactured homes.
CONTIGUOUS
Sharing a boundary.
CONTINUING CARE
See "institutional uses."
CONVERSION
The remodeling or alteration of a structure so as to accommodate more leasable or saleable units or a different use than what had originally been intended for the structure. Includes the alteration of a nonresidential structure into a dwelling unit(s) for at least one family; the modification of a single-family structure to accommodate more units than originally intended; the alteration of existing dwellings into a commercial use; and the alteration of an existing dwelling into a mixed commercial and residential use. See also § 500-807, Residential conversions, of this chapter.
COUNTY
The County of Montgomery, Commonwealth of Pennsylvania.
COURT
An open, unoccupied space bounded on two or more sides by the exterior walls of a building or by exterior walls and lot lines.
A. 
A court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable.
B. 
A court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
CULVERT
A drain, ditch or conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway or paved area.
CURATIVE AMENDMENT
An amendment to be considered by the Board of Supervisors as a potential cure for a defect in the zoning ordinance, submitted under Section 609.1, Procedure for Landowner Curative Amendments, or Section 609.2, Procedure for Municipal Curative Amendments, of the Pennsylvania Municipalities Planning Code.[5]
CURATIVE CHALLENGE
A substantive challenge to the validity of the land use ordinance and/or map, brought before the Zoning Hearing Board for consideration. See § 500-612C of this chapter.
CURB ELEVATION or CURB LEVEL
The elevation of the top of a curb at a given point with a reference to a designated datum.
CURBLINE
The outermost edge of a cartway, equivalent to the edge of paving where curbs are not utilized.
DAY CARE
Day-care facilities are defined as follows:
A. 
Adult day-care facilities, as regulated by § 500-822, Day-care facilities, of this chapter, provide care for elderly, infirm and/or handicapped adults and must hold an approved and currently valid certificate or license from the Pennsylvania Department of Aging and comply with the regulations of that department.
B. 
For the purposes of child day care, a "child" is a person under 16 years of age.
C. 
Child day-care facilities, as regulated by § 500-822, Day-care facilities, of this chapter, shall be further differentiated by the following three classifications:
(1) 
Any premises or dwelling unit other than the child's own home where the child-care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided at any one time on a regular basis to four, five or six children who are not relatives of the caregiver. Day-care service for children in this type of facility is different from "baby-sitting."
(2) 
A facility in which care is provided for more than six but less than 12 children at any one time, where the child-care areas are being used as a family residence.
(3) 
A facility which is licensed to provide care for seven or more children at any one time, where the child-care areas are not being used as a family residence.
(4) 
Supervised child care in facilities certified by Pennsylvania’s Department of Public Welfare, during the hours when a child is not required to attend school.
[Added 1-11-2011 by Ord. No. 2010-05]
DECIBEL (dB)
A unit which describes the sound pressure level or intensity of sound. A sound level meter is calibrated in decibels.
DEED
A written instrument whereby an estate in real property is conveyed by a grantor to a grantee.
DEED RESTRICTION
A restriction upon the use of a property placed in a deed.
DENSITY
The number of dwelling units per acre of land, as specified in the zoning districts. This regulates the maximum permitted ratio of dwelling units to land area. For example, where the minimum lot size is one acre, the residential density limit is one dwelling unit per acre.
DEPTH TO BEDROCK
The distance between the ground surface and the point at which the underlying bedrock is reached within the soil(s). Shallow depth to bedrock is an area in which bedrock is located at or near the ground surface, usually 36 inches or less.
DETENTION BASIN
See "stormwater basins."
DEVELOPABLE ACRE
For the purpose of calculating density per developable acre: gross acreage of a tract minus legal and ultimate rights-of-way of existing roads, alluvial soils, floodplains, wetlands, ponds and lakes, utility company easements and rights-of-way, and slopes of 15% or greater.
DEVELOPABLE LOT AREA
The gross acreage of a tract minus areas in the Floodplain Conservation Overlay District, areas in the Riparian Corridor Conservation Overlay District, areas in the Steep Slope Conservation Overlay District, wetlands, legal rights-of-way of existing streets, utility easements and right-of-way, areas used for other purposes, and areas legally restricted from development.
[Added 2-13-2007 by Ord. No. 2007-01]
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. (See "applicant" and "landowner.")
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations, or the storage of equipment or materials, and the subdivision of land.
DEVELOPMENT PLAN
The provisions for guiding development, including a plan of subdivision; all covenants relating to use; location and bulk of buildings and other structures; intensity of use or density of development; streets, parking facilities, ways; common open space and public facilities. The phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.
DIABASE
A hard, densely knit, intrusive rock of igneous origin, which has a very low porosity, permeability rate, and yield.
DISPOSAL
See "solid-waste-related terms."
DRAINAGE
The natural or man-made features of land that are specifically designed to store or carry surface water runoff.
DRIVE-IN USE
An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DRIVEWAY
A private cartway providing vehicular access between a public street and a lot, property or development.
DUMP
A site used primarily for the disposal by abandonment, dumping, burial, burning or other means, and for whatever purpose, of garbage, trash, junk, vehicles or parts thereof, or waste materials of any kind.
DUPLEX (TWO-FAMILY DETACHED)
See "dwelling types."
DWELLING TYPES
For the purposes of this chapter, the following are the definitions of the various types of dwelling units:
A. 
A building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units. Specialized types of single-family detached dwelling units are as follows:
(1) 
A single-family detached dwelling on an individual lot, with the building set on one side lot line so that the lot has only one side yard. Typically, no windows are placed on the building wall that is on the lot line. Lot line houses are designed so that the one side yard and the rear yard comprise the primary outdoor living areas for the dwelling.
(2) 
A single-family detached house on an individual small lot, designed and placed to replicate the character of homes in older villages. The small front yard is distinguished by grading, walls, planting, and/or the house's architectural features. Village houses must provide two or more of the following features:
(a) 
An unenclosed porch at least seven feet deep, running across at least 3/4 of the house front.
(b) 
A front yard raised above sidewalk grade by at least 30 inches, with a retaining wall at least 18 inches high at the sidewalk line.
(c) 
A fence between 30 inches and four feet in height, enclosing the front yard, plus one flowering shrub per five feet of house width.
(d) 
Two canopy trees per lot or three flowering trees per lot located within the front yard.
(e) 
One canopy tree and one flowering tree per lot, plus one flowering shrub per three feet of house width.
(f) 
A hedge planted across the width of the lot at the sidewalk line, limited to a mature height of four feet.
B. 
A residential building containing two dwelling units and which is not attached to any other building. A two-family building counts as two dwelling units for density purposes.
(1) 
A two-family building with dwelling units placed side by side and joined to each other by a vertical common party wall but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall. Separate ingress and egress is provided to each unit.
(2) 
A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot. Separate ingress and egress is provided to each unit.
C. 
A dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprised of at least three dwelling units. This dwelling type shall include, but not be limited to, dwelling units commonly known as townhouses, row houses, triplexes, quadruplexes, and multiplexes.
(1) 
Townhouse (row house). A single-family attached dwelling in a row of at least three units, with each dwelling unit occupying the area from ground to roof, with individual outside access.
(2) 
Multiplex. An attached dwelling arranged in a group of no more than six units, in a variety of configurations: side by side, back to back, or vertically. Because of the variety of configurations, a multiplex can be designed to look like a large, single-family detached house, a feature which is encouraged by this chapter.
D. 
A detached residential building containing three or more dwelling units, characterized as follows:
(1) 
With not more than six dwelling units located at ground level.
(2) 
Units may not be arranged entirely in horizontal rows (like townhouses), and are generally located entirely above or below one another.
(3) 
Units may share outside access and/or internal hallways, lobbies and similar facilities.
(4) 
The dwelling units cannot be individually lotted but instead share the lot or tract on which the building containing them is located.
(5) 
The development is usually under one operating unit, as rental or condominium development.
(6) 
This dwelling type includes garden apartments, flats and multifamily conversions.
E. 
A dwelling unit in a building containing two or more dwelling units having common services or facilities, or both, and served by a common entrance hall.
F. 
A single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards of the U.S. Department of Housing and Urban Development, as indicated by the Structural Engineering Bulletin(s) provided to the Board of Supervisors by the applicant. It shall be 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 with or without a permanent foundation, including any roofed addition such as extra rooms, covered patios, porches, etc. (See also "manufactured home.")
G. 
A structure transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that, such term shall include any structure which meets all the requirements of this paragraph except size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary (HUD) and complies with the standards established under this title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required. For the purposes of these provisions, a mobile home shall be considered a manufactured home.
DWELLING UNIT
One or more rooms, designed, occupied or intended to be occupied as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
EASEMENT
A right-of-way or other right granted by a property owner for the use of a designated part of his/her property for public, quasi-public or private purposes, including utilities, drainageways and access.
ELECTRIC SUBSTATION
An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public, provided that in residential districts an electric substation shall not include rotating equipment, storage of materials, trucks, repair facilities, housing of repair crews, or office or place of business.
ELEVATION
A vertical distance above or below a fixed reference level; or a flat scale drawing of the front, rear or side of a building.
EMERGENCY SERVICE OR RESPONSE FACILITY
Fire, rescue, ambulance or police station.
EMPLOYEE
A person who is employed or is engaged in gainful activity.
ESTATE LOT
A large, privately owned lot comprising all or part of an area of open land under the open space standards of this chapter. The purpose of the estate lot is to provide surrounding residents with visual access to open land while keeping the land under private ownership and maintenance. Only a small portion of the estate lot may be developed; the remainder may be farmed or left in its natural state. Public access to estate lots is not required.
EXPLOSIVE MATERIAL
A material which produces flammable or explosive gases or vapors under ordinary temperature conditions, and includes liquids which have a closed cup flash point of less an 105° F.
A. 
Any number of individuals living together on a nontransient basis as a single housekeeping unit and doing their cooking on the premises when said individuals are related by blood, marriage or adoption, including any number of foster children; no more than five unrelated individuals living together as a single housekeeping unit and doing their cooking on the premises, except when an application for a special exception to enable a greater number of unrelated individuals to occupy a dwelling unit is reviewed and approved by the Zoning Hearing Board, as provided herein. A roomer, boarder or lodger shall not be considered a member of the family.
B. 
Notwithstanding the definition in the preceding subsection, a family shall also be deemed to include mentally or physically handicapped persons occupying a dwelling unit as a single, nonprofit housekeeping unit if such occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first subsection of this definition.
FAMILY DAY-CARE HOME
See "day care."
FARMER'S MARKET
An area where two or more enterprises sell agricultural, horticultural and animal husbandry products.
FARM OPERATION
A premises of at least five acres which is used for the production of agricultural commodities in their unmanufactured state, such as raising livestock, and which shall include those activities which are customarily associated with such production, including the application of manure and/or fertilizers for crop production.
FAST-FOOD RESTAURANT
An establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises. Not a mini-market.
FENCE
A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a freestanding wall.
FLAMMABLE
Subject to easy ignition and rapid flaming combustion.
FLOODPLAIN-RELATED TERMS
The following terms are defined for the purposes of Article XX, FPC Floodplain Conservation Overlay District:
[Amended 2-9-2016 by Ord. No. 2016-02]
A. 
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").
B. 
The Federal Emergency Management Agency, which has jurisdiction over the National Flood Insurance Program and its related studies and regulations.
C. 
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
D. 
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
All other floodplain-related terms shall be as defined in Chapter 240, entitled "Floodplain Management."
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls or from the center line of a wall separating two buildings, but not including interior vehicular parking or loading or any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, NET
The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking and loading, and all floor area below the first or ground floor except when used or intended to be used for human habitation or service to the public. The area excluded as unusable may not exceed 15%.
FLOOR AREA RATIO
The gross floor area of all buildings on a lot divided by the gross lot area.
FRONTAGE
The length of the lot line abutting a street right-of-way.
A. 
An accessory building or part of a principal building used for the storage of motor vehicles owned or used by the owner or tenant of the premises.
B. 
A building, other than a private or storage garage, one or more stories in height, used solely for the commercial parking.
C. 
A building, not a mini warehouse or self-storage commercial facility, nor a private or public garage, one story in height, used solely for the storage of personal items or motor vehicles and not for the servicing of vehicles nor the sale of fuel, accessories or supplies.
GASOLINE FILLING STATION
Any area of land, including structures thereon or any building or part thereof, that is used for the sale of gasoline or other vehicle fuel or accessories and which does not include facilities for lubricating, washing or otherwise servicing motor vehicles nor shall include painting or body and fender repairs.
GASOLINE SERVICE STATION
See "auto service station" and "automotive repair, minor."
GOVERNMENT SERVICES AND FACILITIES
Municipal, county, state or federal government buildings or facilities designed and intended to be occupied by the government or designed and intended for public use sponsored by such governments.
GRADE
The elevation of finished ground or paving; the slope of a street, parcel of land, utility lines, drainageways, etc., specified in percent and shown on development plans.
GREENWAY
A linear open space associated with a natural corridor, such as a riverfront, stream valley, and a ridgeline, or along a built feature, such as a railroad right-of-way, a canal, and a scenic roadway. A greenway connects unique natural, historic, scenic and recreation areas by means of a natural or landscaped corridor.
GROSS ACREAGE
The total acreage of a property, tract, lot or parcel proposed for subdivision or land development, including lands within the existing street rights-of-way, floodplains, wetlands and steep slopes.
GROSS LEASABLE AREA
The total floor area designed for owner or tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet and measured from the center line of partitions and from outside wall faces; not including public or common areas, such as public toilets, corridors, stairwells, elevator lobbies, or enclosed mall spaces.
GROUP DAY-CARE HOME
See "day care."
GROUP HOME
A residence in which unrelated minors or adults suffering from mental, physical or behavioral impairments reside together along with their caregivers. Caregivers provide assistance with basic functions such as hygiene and grooming, ambulation, assistance with tasks, emotional support, and generally looking out for the well-being and safety of the residents. The group home is not a medical facility and a resident requiring medical assistance shall be taken to an appropriate doctor's office, hospital, or other facility for care that would not ordinarily be provided in a residential setting.
[Amended 1-8-2019 by Ord. No. 2019-01]
HAZARDOUS WASTE
See "solid-waste-related-terms."
HEALTH CLUB
A building where indoor exercise equipment and facilities are provided for members and guests.
HEALTH CARE FACILITY
A public or private facility principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition. These include general hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, chronic disease hospital, maternity hospital, birth center, dispensary, home health care agency, and personal care boardinghome, as regulated under the various zoning districts herein. All care for which a state license is required shall be provided by properly licensed personnel, including nurse practitioners. (Also see "institutional uses.")
HEALTH SERVICES
Establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other licensed health practitioners; medical and dental laboratories; outpatient care facilities; blood banks; and oxygen and miscellaneous types of medical supplies and services. (Also see "medical office building.")
HEIGHT OF BUILDING
For all purposes other than airport zoning, the vertical distance measured from the average elevation of the existing grade at the location of the building to the highest point of the roof, as further defined below:
A. 
Flat or multi-level roof: highest point measurable.
B. 
Mansard: deckline.
C. 
Gable, hip or gambrel roofs: mean height between the eaves and ridge.
D. 
Specialized structures not intended for human occupancy shall be subject to the requirements of § 500-826D(1), Height of satellite dishes, antennas and cellular communications towers, and/or § 500-832, Height of other structures (chimneys, steeples, water towers), as appropriate.
HEIGHT OF SIGN
The vertical distance measured from ground level to the highest point on the sign or its supporting structures.
HELIPORT, PERSONAL USE
A helicopter landing area (sometimes known as a "helistop") licensed by the Pennsylvania Department of Transportation (PennDOT) for the purpose of picking up or discharging passengers or cargo. No fueling, helicopter repair or storage area(s) are permitted in conjunction with the operation of a personal use heliport.
HELIPORT, COMMERCIAL
A landing area for helicopters which includes facilities for fueling, repair and storage of helicopters and which is licensed by the PennDOT.
HIGHWAY ACCESS POINT
The point at which vehicular traffic enters or exits a public right-of-way from an abutting land use.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATION
The accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business or the production of handicrafts on a residential site, pursuant to the provisions of § 500-809, Home occupation, of this chapter. Specifically excluded from this definition is any service or business related to automotive sales, rental, service, repair or storage.
HOMEOWNERS' ASSOCIATION (HOA)
A community association combining individual home ownership with shared use or ownership of common property and facilities. The homeowner owns the lot, including the interior and exterior of the individual home, while the association owns and maintains the common facilities.
HOTEL
An establishment providing transient accommodations, containing five or more rental rooms or suites, where access to rooms is provided through a lobby and internal hallways and the building height is more than two stories. Meeting rooms, banquet facilities and ancillary commercial shops are often provided within the building, with internal hallway access. Parking lot(s) are to be convenient to the main building entrance(s).
HOUSING FOR THE ELDERLY
Those housing units designed for and intended for occupancy exclusively by those persons over the age of 62. Such units include, but are not limited to, those projects developed under applicable federal and/or state housing assistance programs. Such housing units shall contain appropriate safety features pertinent to the needs of their residents and recreational and other community facilities as an integral part of their development concept.
IMPERVIOUS COVERAGE
Coverage of the site by materials which cannot be penetrated by water and which therefore results in a stormwater runoff of 100%. Included are all buildings and all forms of paving used for roads, driveways, parking and loading areas, walks, courts, patios, and other areas that may be so deemed by the Township Engineer.
IMPROVEMENTS
The physical additions, installations and changes required to render land suitable for the use proposed, including streets, curbs, sidewalks, utilities and drainage facilities.
INDUSTRY
Those fields of economic activity including mining, construction, manufacturing, transportation, communication, utility services, and wholesale trade.
INDUSTRY, LIGHT
Industrial activities which are carried out entirely within an enclosed building and involve no outdoor processes or outdoor storage of primary raw materials.
INDUSTRY, HEAVY
Industrial activities which do not meet the definition of "light industry."
INFILL UNIT
A new building proposed to be constructed on a vacant site or lot in an otherwise predominantly built-up area.
[Added 4-8-2008 by Ord. No. 2008-03]
INSTITUTIONAL USES
Those uses listed and regulated in Article XXVI, Institutional Use Regulations, of this chapter. These include the following specific uses:
A. 
The furnishing to an individual, other than an individual related by consanguinity or affinity to the person furnishing such care, of board and lodging together with nursing services, medical services or other health-related services, regardless of whether or not the lodging and services are provided at the same location and pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts and in consideration of the payment of an entrance fee with or without other periodic charges. (40 P.S. § 3202)
B. 
Any premises operated for profit in which nursing care and related medical or other health services are provided for a period exceeding 24 hours for two or more individuals who are not relatives of the operator, who are not acutely ill and not in need of hospitalization, but who because of age, illness, disease, injury, convalescence or physical infirmity need such care. (62 P.S. § 1001)
C. 
Any premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration. (62 P.S. § 1001)
INTERIOR LOT
See "lot, flag."
JUNK
Includes refuse, rubbish, scrap and debris, whether recyclable or not, and made from any or all material other than solid waste as defined herein. It shall not include refuse or garbage kept in proper containers for the purposes of prompt disposal or collection.
JUNKYARD
Any outdoor establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling junk, and for the purposes of this section, the term shall include refuse, rubbish, garbage and debris whether salvable or not and made of any or all materials. It shall not include, however, refuse or garbage kept in proper containers for the purpose of prompt disposal.
JUNKYARD LICENSE
A permit granted to a person or company who accumulates, stores or disposes of scrap, junk or used motor parts.
KENNEL
Any structure or premises in which dogs or cats are groomed, bred, boarded, trained or sold for any purpose or reason other than the keeping of small domestic animals for personal nonprofit use as an accessory use under the Zoning Ordinance. Any manner of payment or remuneration associated with the keeping, training, grooming, boarding or transfer of ownership of the animals shall create a presumption that the structure or premises is a kennel and is not the personal accessory keeping of small domestic animals.
[Amended 5-8-2018 by Ord. No. 2018-02]
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.
B. 
A subdivision of land.
C. 
Except that, the following activities shall not be considered land development:
(1) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(2) 
The addition of an accessory building, including farm buildings, on a lot or lots, subordinate to an existing principal building.
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. (See "applicant" and "developer.")
LOADING/UNLOADING SPACE
A space, accessible from a street, in a building or on a lot, for the temporary use of vehicles while loading or unloading materials or merchandise.
LOT
A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed, built upon, leased, and/or transferred as a unit, for which a deed description is recorded or is intended to be recorded at the Office of the Recorder of Deeds for Montgomery County.
LOT AREA
The horizontal land area of a lot, further defined as follows:
A. 
Calculated total horizontal land area contained within the deeded boundaries of a lot. The gross lot area is applicable in determining whether or not a parcel of land contains sufficient land area when referred to as minimum tract size.
B. 
[Amended 11-12-2002 by Ord. No. 02-16; 6-8-2004 by Ord. No. 2004-06]
(1) 
Gross lot area minus the areas of easements and public and private rights-of-way, excluding the following:
(a) 
Water or sanitary sewer lines and their ancillary improvements that are:
[1] 
Not located within the building envelope; and
[2] 
Not greater than 20 feet in width.
(b) 
Ultimate rights-of-way.
(c) 
The land area of access strips for rear, flag or interior lots.
(2) 
Net lot area is the minimum lot area required for lot size by the various zoning districts.
C. 
Net lot area contained by the building line, minus the area of any land in a floodplain conservation district, in a steep slope conservation district, or in a wetlands area.
D. 
See “developable lot area.”
[Added 6-10-2008 by Ord. No. 2008-04]
LOT, CORNER
A lot having contiguous frontage on two or more intersecting roads.
LOT, FLAG
A lot which conforms in all respects to the dimensional requirements of the zoning district in which it is located, except that the only road frontage and access is limited to an access strip. This definition does not include the commonly used wedge-shaped lots located on a cul-de-sac turnaround. Also known as a "rear" or "interior" lot.
LOT LINE
Any property boundary line of a lot, further defined as follows:
A. 
Front lot line is the line identical with the ultimate right-of-way line (also known as "street line"). For a flag lot, the front lot line shall be that boundary of the buildable part of the lot closest to and approximately parallel to the ultimate right-of-way line.
B. 
Rear lot line is the line or lines most nearly parallel or concentric to the front lot line.
C. 
Side lot lines are the lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable. The remaining line shall be considered the rear lot line.
D. 
A lot which fronts on more than one street shall have a front lot line on each street frontage.
LOT LINE HOUSE
See "dwelling types."
LOT WIDTH
The horizontal distance between side lot lines, measured at the building line, parallel or concentric to the ultimate right-of-way line. For a corner lot, lot width shall be measured between the ultimate right-of-way of one of the streets and the lot line opposite that ultimate right-of-way.
MAJOR AUTO REPAIRS
See "auto repair, major."
MANUFACTURED HOME
See "dwelling types."
MANUFACTURING
The process or operation of making wares or products from raw materials by hand or by the use of machine(s).
MEDICAL OFFICE BUILDING
A building used exclusively by medical practitioners for treatment and examination of patients, provided that no overnight patients shall be kept on the premises.
MEMBERSHIP CLUB
See "club."
MINI-MARKET
A small grocery store with sales of packaged foods, beverages, tobacco and similar convenience goods, provision of road maps and other informational material to customers. A mini-market may be incorporated as an accessory use for a gasoline filling station and auto service station. Examples include 7-11, WaWa, Turkey Hill, and Atlantic AM/PM.
MOBILE HOME
See "dwelling types."
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 in compliance with the applicable zoning requirements.
MODULAR HOME
See "dwelling types."
MOTEL
An establishment providing transient accommodations, containing more than five rental rooms or suites, which generally has the following characteristics:
A. 
Access to rooms is from directly outside the building, via independent, exterior doors.
B. 
Building height is typically only one or two stories.
C. 
The facility is generally served by a central office rather than a lobby.
MOTOR HOME
A self-powered recreational vehicle used to provide transient living facilities.
MOTOR VEHICLE SALES AGENCY
A commercial use for the sale and repair of motor vehicles, including new and used cars, trucks, recreational vehicles, and/or farm equipment; having both indoor and outdoor display areas, and providing maintenance and repair services for vehicle owners.
MOTOR VEHICLES
All vehicles propelled or drawn by power other than muscular power and intended for use on public highways or in agricultural activities.
MULTIFAMILY BUILDING
See "dwelling types."
MULTIPLEX
See "dwelling types."
MUNICIPAL WASTE
See "solid-waste-related terms."
NATURAL FEATURE
A component of a landscape existing or maintained as part of the natural environment and having ecological value in contributing beneficially to, among other things, air and water quality, erosion control, groundwater recharge, noise abatement, visual amenities, growth of wildlife, human recreation, reduction of climatic stress and energy costs.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
[Added 4-14-2009 by Ord. No. 2009-01]
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
NONCONFORMING-RELATED TERMS
See Article VII, Nonconformance, herein.
NURSERY/GREENHOUSE, WHOLESALE
The raising of trees (for transplanting), ornamentals, shrubs, flowers or houseplants for wholesale commercial purposes, performed under the home occupation requirements of this chapter, and where only a limited amount of wholesale customers and their business vehicles frequent the premises. See also "orchard."
NURSERY/GREENHOUSE, RETAIL
The raising and/or retail sale of trees, ornamentals, shrubs, flowers, houseplants, insecticides, fertilizers, and other horticulturally related items for commercial purposes.
NURSING HOME
See "institutional uses."
OFFICE
A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government, and generally furnished with desks, tables, files and communications equipment.
OFFICE BUILDING
A building used primarily for office purposes, which may contain ancillary services such as a restaurant, coffee shop, newsstand, banking facility, or day care when permitted by the zoning district in which it is located.
OPEN SPACE
Public or private lands and/or water designated for the use and enjoyment of Township residents and/or the general public, incorporating natural features such as woodland, water bodies or meadows, and including Township parks, trails and other recreational facilities, but not including streets, street rights-of-way, off-street parking areas, and areas set aside for public facilities. Also includes common open space, as defined herein, and other private lands which are available for the use of Township residents through access easements or other written agreements. Also known as "open land."
OPEN SPACE, COMMON
A parcel or parcels of land within a development site designed and intended for the use or enjoyment of the residents of the development, not including streets, street rights-of-way, off-street parking areas, and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such recreational facilities for residents as are shown in the approved development plan.
OPEN SPACE AND ENVIRONMENTAL RESOURCE PROTECTION PLAN
The Upper Hanover Township Open Space and Environmental Resource Protection Plan Update (2006) adopted in 2006 or any successor plan thereto. It may also be referred to as the ”open space plan."
[Amended 2-13-2007 by Ord. No. 2007-01]
ORCHARD
An agricultural use, involving the raising and keeping of tree crops for any commercial purpose, including a Christmas tree farm.
OUTDOOR LIVING AREA
Any improved outdoor area extending from or attached to a dwelling unit and designed for the exclusive use of the residents of that dwelling unit, including balconies, patios, porches or similar areas, but not including structures such as porticos which simply provide sheltered access to a dwelling unit.
OUTDOOR SOLID-FUEL-BURNING FURNACE
Any equipment, device or apparatus which is installed, affixed or situated outdoors, and not situate within a building intended for habitation by humans or domestic animals, which is used for the primary purpose of combustion of fuel to produce heat for energy as a heating system, or component thereof, which provides heat or hot water to the principal structure, to a structure used for human or animal habitation, or to any accessory uses or structures, including, but not limited to, greenhouses, conservatories and swimming pools. These furnaces are also referred to as outdoor wood-fired boilers, outdoor hydronic heaters, outdoor solid-fuel-burning appliances, outdoor solid-fuel-burning equipment, outdoor wood-burning furnaces, outdoor furnaces and the like.
[Added 10-13-2009 by Ord. No. 2009-03]
PAD SITE
A commercial establishment in a shopping center, located in a freestanding building independent of other buildings, and frequently near the road frontage of the center. Pad site uses are generally characterized by a need for nearby parking, rapid customer turnover, and vehicular service bays or drive-through services.
[Added 1-11-2011 by Ord. No. 2010-05]
PAINTBALL
A pseudo-war game in which participants compete by shooting paint-filled balls at the opposition, whether done for commercial or noncommercial purposes.
PARK
Any area which is predominantly open space, is used principally for active or passive recreation, and is not used for a profit-making purpose.
A. 
The number of standard parking spaces required per unit of building floor area, unit of land area, number of employees, number of seats, or number of dwelling units, as required by Article IX, Off-Street Parking, of this chapter for specific land uses.
B. 
Outdoor areas or specially designed buildings or garages used for the parking of vehicles. The outdoor storage areas associated with self-service storage facilities are excluded from this definition.
[Amended 9-13-2005 by Ord. No. 2005-10]
C. 
An open or covered area with a dust-free, all-weather surface suitable for the storage of one automobile, accessible via a driveway.
D. 
Parking capacity required by zoning that is not constructed as part of the initial development of parking facilities. Suitable area is reserved for construction of the reserve parking capacity in the event that it is needed eventually.
E. 
Joint use of a parking facility for more than one use, often allowing a reduction of the total number of parking spaces that would be required by calculating parking capacity for each use individually.
PARTICULATE MATTER
Material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.
PATIO
An area or courtyard which is not covered by a roof or permanent awning and is designed for outdoor living purposes as an accessory use to a structure. A patio with footers, for purposes of this chapter, shall be considered a structure which complies with all applicable yard requirements in this chapter.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
The Municipalities Planning Code, originally enacted as Act 247 of 1968, which establishes the basic authority for the exercise of municipal land use controls in Pennsylvania. All subsequent amendments are included. Abbreviated as "MPC" or "Act 247."[6]
PERMIT
A document issued by the proper authority authorizing the applicant to undertake specified activities.
A. 
A permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with construction provisions of the Building Code[7] and which authorizes an applicant to commence with said construction, alteration or reconstruction.
B. 
Generally, a permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of the Zoning Ordinance; or issued in approval of reoccupancy, a new use, or a change in use of buildings or land, indicating compliance with the Zoning Ordinance. Informally known as a "zoning permit."
PERSONAL CARE HOME
See "institutional uses."
PERSONAL SERVICE
A business which provides a service oriented to personal needs and not primarily involving retail sales of goods or professional advisory services. Includes barber, beauty salon, bakery, tailor, dressmaker, shoe repair, photographer, travel agent, jewelry and watch repair, or similar service uses.
PLACE OF WORSHIP
A building or buildings designed and constructed primarily for organized religious services and accessory uses associated therewith. Includes church, chapel, synagogue, temple and other forms of terminology.
PLAN
A graphic representation of a proposal for subdivision and/or land development, including necessary written notes.
PLANNING COMMISSION
The Upper Hanover Township Planning Commission.
PRINCIPAL USE
The single dominant use or single main use on a lot.
PROFESSIONAL OFFICE
A building in which services are performed by a member of a profession, including an accountant, architect, author, community planner, dentist, engineer, insurance agent, landscape architect, lawyer, notary, optometrist, physician, undertaker, real estate broker/appraiser, licensed health practitioner, or ordained clergy.
PROPERTY LINE
A recorded boundary of a lot. Any property line which abuts a street or other public way shall be measured from the right-of-way.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing body, planning commission or other municipal agency, intended to inform and obtain public comment prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, as amended.
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."[8] ("Any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency, held for the purpose of deliberating agency business or taking official action.")
PUBLIC NOTICE
Notice published once a week for two successive weeks in a newspaper of general circulation in the municipality. 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 UTILITY
A company regulated by the Pennsylvania Public Utility Commission. Cellular communications companies and other companies not defined as a public utility by the Pennsylvania Public Utility Commission or other Pennsylvania laws shall not be considered a public utility.
[Added 11-14-2000 by Ord. No. 00-4]
PUBLIC UTILITIES FACILITY
A building or structure and its equipment, used for the transmission and exchange of telephone, radio or cellular telephone, gas, power, sewer, and water facilities; provided, however, that in a residential district these shall not include public business facilities, storage of materials, trucks or repair facilities, or housing of repair crews.
PUBLIC UTILITY TRANSMISSION TOWER
A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
[Added 11-14-2000 by Ord. No. 00-4]
REAR LOT
See "lot, flag."
RECREATION AREAS
The following definitions apply to recreation areas and facilities as governed by this chapter:
A. 
A confined, developed, neighborhood or park play area primarily for use by preschool children under the supervision of parents or guardian.
B. 
A confined, developed, neighborhood or park play area primarily for use by school-age children with or without supervision and equipped with a variety of traditional and/or nontraditional play equipment, permanently affixed to the land.
C. 
A neighborhood or park play area for informal active recreation purposes such as ball games and other activities requiring a large lawn area, away from homes or other buildings to reduce potential for conflicts between active recreation and residential use.
D. 
Generally includes areas used for group or team activities, especially those involving sports or playground equipment and generating significant movement and/or noise from participation. May include hiking, biking and fitness trails.
E. 
Generally includes areas for quiet, individual or small group activity, ranging from sitting areas through hiking/biking trails, and may include a variety of activities such as fishing, bird-watching, picnicking, and sunbathing.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be permanently self-propelled or permanently towable by a light-duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
RELATIVE
For the purposes of this chapter, a parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half-brother, half-sister, stepbrother, stepsister, first cousin, aunt, uncle, niece or nephew.
RESIDENTIAL DENSITY LIMIT
The maximum permitted ratio of dwelling units to land area in a particular zoning district. For example, where the minimum lot size is one acre, the residential density limit is one dwelling unit per acre.
RETENTION BASIN
See "stormwater basins."
REVERSE FRONTAGE LOTTING
Lotting which extends between two streets of differing classifications, with vehicular access provided from the lesser street in order to promote traffic flow and safety on the greater street.
RIPARIAN BUFFER
Areas of trees and other native vegetation surrounding municipally designated surface water bodies, including creeks, lakes, intermittent watercourses and wetlands, which intercept surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and function to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters.
ROOMING HOUSE
A home occupation use of a single-family detached dwelling in which rental rooms are provided for not more than six nontransient persons.
ROW HOUSE
See "dwelling types."
SALVAGE or SALVAGING
See "solid-waste-related terms."
SANITARY SEWER SYSTEM
A centralized sanitary sewer system or a comparable common or package sanitary sewer facility approved by the appropriate governmental health agency.
SATELLITE DISH ANTENNA
A device incorporating a reflective surface that is solid, open mesh, or bar-configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs (television reception only) and microwave antennas.[9]
SEASONAL HIGH-WATER TABLE
An area of soil(s) in which the subsurface water table is located at or near the ground surface at certain times of the year.
SELF-SERVICE STORAGE FACILITIES
A building or group of buildings and land use that have been compartmentalized to contain relatively small, individual, self-contained storage spaces of varying sizes leased or rented as individual leases.
[Amended 9-13-2005 by Ord. No. 2005-10]
SETBACK
A line established within a lot, measured from a right-of-way or lot line or other line or feature as may be specified, defining the minimum distance from that line or feature, in which specified types of improvements may not be located.
[Added 12-13-2005 by Ord. No. 2005-13]
SEWAGE ENFORCEMENT OFFICER
The official of the Montgomery County Health Department who reviews permit applications, issues permits, and conducts such investigations and inspections as are necessary to implement Act 537 (the Sewage Facilities Act), Chapter 71 and Chapter 73 of the Pennsylvania Code, Title 25. Also known as SEO.
SEWAGE FACILITIES, CENTRAL
A sewage disposal system in compliance with all state and local regulations, approved by the Pennsylvania Department of Environmental Protection and applicable sewer authority, and providing service to multiple customers. Includes "public sewer facilities" and "common sewage facilities."
SEWAGE FACILITIES, COMMON
A sewage disposal system independent of the public sewer system, serving more than one residence or business through a community treatment plant, land application system, or similar "satellite" system.
SEWAGE FACILITIES, PUBLIC
The central sewage system operated by a municipal authority.
SHOPPING CENTER
A group of commercial establishments, planned and developed as an integrated architectural and functional unit, providing convenient on-site parking and controlled, common vehicular and pedestrian access.
SIGN-RELATED TERMS
The following terms are defined for the purposes of Article X, Signs.
A. 
Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, service, place, activity, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images, regardless of whether it is permanent or temporary, but excluding displays or images which are decorative only. Sign types and sign-related terms are further defined in Article X herein.
B. 
Any light with one or more beams capable of being focused in several directions and rotated or revolved automatically.
C. 
A portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.
D. 
For calculating maximum total sign area, building frontage is defined as the maximum horizontal dimension measured along the wall of the building, excluding eaves, overhangs, buttresses, and other nonoccupiable building extensions. The principal approach to a building shall be that side which contains the main entrance doors. For corner lots, the additional sign area shall be calculated along the side of the building which faces the second street.
E. 
The entire background area of a sign upon which copy could be placed. In computing the area of a sign background, only that face or faces which can be seen from any one direction at one time will be counted.
F. 
A directly illuminated sign composed of either a group of incandescent bulbs hung or strung overhead or on building structures or light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.
G. 
A sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.
(1) 
A sign designed to give forth artificial light directly or through transparent or translucent material from a source of light within the sign, including, but not limited to, neon and exposed lamp signs.
(2) 
An illuminated sign on which the artificial light is not maintained stationary and constant in intensity and/or color at all times when in use.
(3) 
A sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a "directly illuminated sign."
H. 
The juncture of the roof and the perimeter wall of the structure.
I. 
(1) 
The area of a sign shall mean the area of all lettering, wording and accompanying designs and symbols, together with the background on which they are displayed (whether such background is open or enclosed), but excluding any supporting framework and bracing which are solely incidental to the display itself, provided the same do not contain any lettering, wording or symbols.
(2) 
Where the sign consists of individual letters, designs or symbols attached to a building, awning, wall or window, the area shall be that of the smallest rectangle which encompasses all of the letters, designs and symbols.
(3) 
Where a sign consists of an identical double-face, only one side shall be considered in the calculation of area, but if the interior angle formed by the two faces is greater than 45°, then both sides of the sign shall be considered in the calculation of area.
J. 
The distance from the highest portion of the sign to the mean grade at the base of sign.
K. 
Any structure which supports or is capable of supporting a sign, whether or not an integral part of a building.
L. 
(1) 
A sign with action or motion, flashing, or color changes requiring electrical energy, but not including wind-actuated elements such as flags, banners or novelty items.
(2) 
A sign painted on, printed on, or attached flat against the surface of an awning.
(3) 
A sign projecting perpendicularly from the building facade or, if at a building corner, at an angle of 135°, visible from both sides, and made of rigid or soft materials.
[Added 1-11-2011 by Ord. No. 2010-05]
(4) 
An on-premises sign which advertises or otherwise directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted other than incidentally.
(5) 
Any sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed.
(6) 
Incidental sign designed to guide or direct pedestrians or vehicular traffic.
(7) 
A sign on which the names and location of the occupants or the use of a building is given, including office building and church directories.
(8) 
A self-supporting sign resting on or supported by means of poles or standards, either on the ground or on the roof of a building.
(9) 
Any sign that incorporates a decorative base, often of stone or masonry, placed upon or supported by the ground. Monument signs may not include support posts or other column-like structures to raise the bottom of the sign above the grade surrounding the sign. Typically such signs are accented with landscaping, lighting, and other features to integrate the sign into the landscape.
[Added 1-11-2011 by Ord. No. 2010-05]
(10) 
A sign which advertises or otherwise directs attention to an activity not on the same lot where the sign is located.
(11) 
A sign which advertises or otherwise directs attention to an activity on the same lot where the sign is located.
(12) 
A sign mounted parallel to a wall or other vertical building surface but does not extend beyond the edge of any wall, roofline or other surface to which it is mounted, and does not project more than one foot from the surface to which it is mounted.
(13) 
Any sign that is not permanently affixed to a building, permanent post, or other structure.
(14) 
Any sign mounted to a wall or other vertical surface other than a parallel sign, but does not project more than four feet from the surface to which it is mounted, nor project above the wall, roofline or surface to which it is mounted, nor in any way interfere with normal pedestrian or vehicular traffic.
(15) 
Any sign which is used to offer for sale, lease or rent the property on which the sign is placed.
(16) 
A sign which revolves on a central axis.
(17) 
A sign erected upon or above a roof or parapet wall of a building and which is wholly or partly supported by that building.
(18) 
A sign which advertises community or civic projects, construction projects, real estate for sale or lease, or other special events on a temporary basis.
(19) 
Any sign which is erected upon a structure having wheels or rollers, facilitating movement from one location to another.
(20) 
Any vehicle to which a sign is affixed in such a manner that the carrying of the sign is no longer incidental to the vehicle's purpose but becomes a primary purpose in itself. An example is an empty tractor trailer with advertising painted on its side, left for an extended period of time in front of the business premises that is advertised on the trailer.
(21) 
Any sign affixed to or visible through a window.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a contiguous land area as one or more lots by one owner, whether a person, partnership, corporation or other legal entity, irrespective of the fact that parts of the land may have been acquired at different times or that the area may have been divided into parts on any plan or plat.
SINGLE-FAMILY ATTACHED DWELLING
See "dwelling types."
SINGLE-FAMILY DETACHED DWELLING
See "dwelling types."
SINGLE-FAMILY SEMIDETACHED DWELLING
See "dwelling types."
SITE
The parcel or parcels of land intended to be subdivided into one or more lots.
SOIL SURVEY
The Montgomery County Soil Survey of 1967, prepared by the Soil Conservation Service of the United States Department of Agriculture, as amended.[10]
SOLAR ENERGY SYSTEM
An alternative energy system that consists of one or more ground-mounted, freestanding, or building-mounted solar collection devices and solar energy related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy to reduce on-site consumption of purchased power, when a property upon which the system is installed also receives electricity supplied by a utility company, excess electricity generated and not presently needed for on-site use may be used off-site by a utility company.
[Added 3-12-2019 by Ord. No. 2019-04]
SOLID-WASTE-RELATED TERMS
The following terms are defined for the purposes of Article XXI, Solid Waste Disposal and Recycling Regulations.
A. 
Land affected during the lifetime of operations, including areas where disposal, storage, transfer, processing or composting actually occurs; support facilities; borrow areas; offices; equipment sheds; air and water pollution control and treatment systems; access roads; associated on-site or contiguous collection, transportation and storage facilities; closure and post-closure care and maintenance activities; and other activities in which the natural land surface has been disturbed as a result of or incidental to the operation of the facility.
B. 
For the purposes of this article, the terms "applicant" and "operator" shall be synonymous and shall mean those individuals, authorities, private firms, or others who are responsible for making application(s) to the Board of Supervisors and for operating the solid waste disposal facilities.
C. 
The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
D. 
A facility using land for processing of municipal waste by composting. The term includes "affected lands," as defined herein. The term does not include a facility for composting residential municipal waste that is located at the site where the waste was generated.
E. 
A composting facility for vegetative material, including leaves, garden residue, and clipped shrubbery and tree trimmings collected off site. The term does not include a facility that is used entirely or partly for composting grass clippings.
F. 
A composting facility other than a leaf-composting facility.
G. 
The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air, or is discharged to the waters of the commonwealth.
H. 
An enclosed device using controlled combustion for the primary purpose of thermally breaking down solid waste.
I. 
Any facility that is designed, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Department of Environmental Protection under the Solid Waste Management Act. The term includes "affected lands," as defined herein.
J. 
A person or persons engaged in solid waste processing or disposal.
K. 
Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composing facilities, and resource-recovery facilities.
L. 
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste, or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.
M. 
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute or supplement to virgin raw materials. The term includes "affected lands," as defined herein. The term shall not mean transfer stations or landfills for solid waste nor composting facilities or resource-recovery facilities.
N. 
A recycling facility for the collection, sorting and short-term storage of source-separated recyclable materials that handles less than 250 tons per year of those materials.
O. 
A facility for the assembly, sorting and/or short-term storage of more than 250 tons per year of source-separated recyclable materials and any amount of salvaged material, generally in preparation for transfer to a materials processing center or primary user of those materials. Includes junkyard.
P. 
An industrial operation that converts recyclable materials into a form suitable for use as a raw material.
Q. 
A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term includes any facility for the combustion of municipal waste that is generated off site, whether or not the facility is operated to recover energy. The term includes "affected lands," as defined herein. The term does not include:
(1) 
Any composting facility;
(2) 
Methane gas extraction from a municipal waste landfill; or
(3) 
Any separation and collection center, dropoff point or collection center for recycling, or any source-separation or collection center for composting leaf waste.
R. 
The controlled removal or recycling of material from a solid waste processing or disposal facility.
S. 
The act of July 7, 1980 (P.L. 380, No. 97), as amended.[11]
T. 
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
U. 
A facility which receives and temporarily stores solid waste at a location other than the generation site and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. The term includes "affected lands," as defined herein. The term does not include portable storage containers used for the collection of municipal waste.
V. 
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. This term does not include source-separated recyclable materials. Waste is further classified as follows, in accordance with the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) and the Solid Waste Management Act (Act 97):[12]
(1) 
Poultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural and silvicultural crops or commodities grown on the premises of a farm operation.
(2) 
Solid waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include clean fill separated from other waste.
(3) 
Uncontaminated, non-water-soluble, nondecomposable inert solid material used to level an area or bring the area to grade. Includes uncontaminated soil, rock, gravel, brick, block and concrete, as well as waste from clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
(4) 
Municipal or agricultural waste which, because of its quantity, concentration, physical, chemical, or infectious characteristics, may:
(a) 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.
(b) 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(c) 
The term does not include sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended; or source, special nuclear or by-product material, as defined by the U.S. Atomic Energy Act of 1954, as amended.
(5) 
Garbage, refuse, industrial lunchroom or office waste, or other material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definitions of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
(6) 
Garbage, refuse or other discarded material or waste, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining, agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility, or air pollution control facility, provided that it is not hazardous.
(7) 
Waste including municipal, residual or hazardous wastes.
SPECIAL EXCEPTION
A form of permitted use, authorized by this chapter, under the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board is empowered to grant permission for special exceptions consistent with the public interest, in compliance with standards and procedures established in this chapter.
SPECIALIZED RETAIL
Retail shops and stores selling gifts, novelties, flowers, books, periodicals, jewelry, apparel, tobacco, toys, crafts, hobby supplies, cameras and film, stationary and antiques stores. Stores in excess of 7,500 square feet in a single structure are not included in this use. Adult uses are excluded.
SPORTSMEN'S CLUB
Includes hunting, fishing, and athletic clubs and camps; excludes paintball and similar pseudo-war games.
STEEP SLOPE
See Article XXV, SS Steep Slope Conservation Overlay District, herein.
STORMWATER BASINS
Facilities designed, constructed or modified to impound stormwater runoff.
A. 
A basin that temporarily impounds stormwater runoff to be released at controlled rates.
B. 
A basin that retains a specified amount of water to be released only through evaporation or infiltration.
STORMWATER RUNOFF
Water from rainfall or melting snow in a watershed in excess of the natural absorbency of that watershed, which flows over the ground surface to collect in streams and channels.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and ceiling next above it, and including those basements used for the principal use.
STREET or ROAD
A public or private right-of-way serving primarily as a means of vehicular and pedestrian travel, furnishing access to abutting properties, and which may also be used for utilities, shade trees, and stormwater control. Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET LINE
A line identical with the ultimate right-of-way line.
STREET RIGHTS-OF-WAY
Rights-of-way for street purposes are defined as follows:
A. 
The street right-of-way legally in the public domain at the time a plan is submitted.
B. 
The street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes. Ultimate rights-of-way are identified in Table A of Article IV, Design Standards, of Chapter 425, Subdivision and Land Development. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Township.
C. 
A street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in Chapter 425, Subdivision and Land Development.[13]
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. The term "structure" shall include but not be limited to buildings, signs, fences, walls, poles, towers, swimming pools, porches, garages, and similar objects. "Structure" shall be interpreted as including the words "or part thereof."
A. 
A structure detached from a principal building or structure on the same lot and customarily incidental and subordinate to the principal building or use.
B. 
A structure which is the principal (main) use of the lot on which it is located. For example, billboard, radio tower, water tower.
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.
A. 
Conventional lotting spreads similar-sized, minimum-dimension building lots rather uniformly across an entire tract, provides no open space or recreation areas, and includes wetlands, floodplains and/or steep slopes in yard areas. The maximum number of lots is determined by "fitting in" as many lots as can be done in compliance with the dimensional standards of the zoning district.
(1) 
Piecemeal subdivision is a form of conventional lotting where only one or a few building lots at a time are subdivided off from a large tract without an overall plan.
(2) 
Conventional lotting may also be done to create a few oversized lots rather than many minimum-sized lots.
B. 
Flexible lotting predetermines the maximum number of building lots, then permits their creation at standards that allow design flexibility, facilitate preservation of natural features, provide visual variety and areas for recreation, and permit clearly defined neighborhoods in a subdivision.
(1) 
Clustering is a form of flexible lotting that requires common open space areas.
(2) 
Lot averaging is a form of flexible lotting that permits preservation of open space on privately owned lots, some of which may be significantly larger than the minimum dimensional standards require.
C. 
All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the municipal facilities or the creation of public improvements.
D. 
Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities or the creation of public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Ordinance or other pertinent regulations.
SUBSTANTIAL CONSTRUCTION
Construction on an approved project is recognized as having begun when foundation footings are poured or other structural supports are installed, and such footings or supports have passed any required inspection.
SUPERVISORS
The duly elected governing body of Upper Hanover Township. Also known as "the Board of Supervisors."
SWIMMING CLUB
An area containing a swimming pool which is used by the public or by members for a fee.
SWIMMING POOL
A body of water or receptacle for water having a depth at any point greater than 30 inches, which is primarily used or intended to be used for swimming or bathing.
TAP ROOM or TAVERN
An establishment in which alcoholic beverages are served, primarily by the drink and where food or packaged beer may also be served or sold. These establishments are also known as "bars."
[Added 1-11-2011 by Ord. No. 2010-05]
TEA ROOM
A small cafe serving tea and light refreshments.
[Added 1-11-2011 by Ord. No. 2010-05]
TEMPORARY STRUCTURE
A structure which is not designed to last or to be used for a specific use for more than one year.
TOURIST HOME
See "bed-and-breakfast."
TOWNHOUSE
See "dwelling types."
TRAFFIC IMPACT ANALYSIS
A study of existing and anticipated traffic volumes, capacities, and movements, required by § 500-825, Traffic impact study, herein, and as regulated by Chapter 425, Subdivision and Land Development.
TRANSPORTATION TERMINAL
An industrial land use that permits storage, maintenance and repair of vehicle fleets, including cars, trucks and/or buses.
TRAVEL TRAILER
A recreational vehicle requiring a separate power source for pulling, which may include living, sleeping, eating and sanitary facilities, but which is designed for vacation travel and not for long-term or permanent occupancy.
TREES, MATURE
See "woodlands" or the landscaping requirements of Chapter 425, Subdivision and Land Development.[14]
TWIN (SINGLE-FAMILY SEMIDETACHED DWELLING)
See "dwelling types."
TWO-FAMILY BUILDING
See "dwelling types."
ULTIMATE DEVELOPMENT PLAN
A plan showing the concept of all roads, neighborhoods, lots and open space areas as the applicant intends them to be when the tract is ultimately developed to its fullest extent to provide the maximum permitted number of lots.
ULTIMATE RIGHT-OF-WAY LINE
The dividing line between a lot and the outside limit of the ultimate right-of-way of a public street. Identical with front lot line and street line.
USED CAR LOT or LOT FOR SALE OF RECREATIONAL VEHICLES
A commercial use for the sale and/or rental of used cars, trucks and/or recreational vehicles, which has only outdoor display areas, a small building for office purposes. See also "vehicle display area."
VARIANCE
The granting of permission by the Zoning Hearing Board to use or alter land or structures which requires a variation from the strict application of a requirement of this chapter. Variances are granted only if specific requirements are met in accordance with the provisions of this chapter.
VEGETATIVE COVER
The land area devoted to vegetative coverage, including lawns, trees, shrubs, flowers and gardens.
VETERINARIAN
See "animal hospital."
VILLAGE HOUSE
See "dwelling types."
VISUAL SCREEN
A barrier whose purpose is to obscure a view, generally comprised of plant materials suitable for the purpose.
WAREHOUSE, MINI
See "self-service storage facilities."
WAREHOUSE
A building or group of buildings primarily used for the commercial storage, transfer and distribution of products and materials.
WASTE and WASTE-RELATED TERMS
See solid-waste-related terms.
WATER SUPPLY SYSTEM
A system designed to transmit water from a source to users in compliance with the requirements of the appropriate state agencies and the local authorities. Includes public water facilities and common water facilities.
WATER BODY
A natural or man-made area containing and retaining water year round, such as a pond or lake.
WATERCOURSE
A place intended or used for the directed surface flow of water, including permanent and intermittent streams, brooks, creeks, channels, ditches, swales and rivers.
WETLANDS
Those areas that are inundated and saturated by surface water or groundwater at a frequency and duration sufficient to support (and that under normal circumstances do support) a prevalence of vegetation typically adapted for life in saturated soil conditions; includes swamps, marshes, bogs, and similar areas. Identification of wetlands should be based upon the "Federal Manual for Identifying and Delineating Wetlands," an interagency publication of the Corps of Engineers, Environmental Protection Agency, Fish and Wildlife Service, and Soil Conservation Service, dated January 1989.
WHOLESALE BUSINESS
Places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers, or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.
WINDMILL, PRIVATE NONCOMMERCIAL
A conversion system consisting of a wind turbine, a tower or mast, and associated control or conversion electronics all intended to produce electrical power from wind, primarily for use on the property on which it is generated. For the purposes of this chapter, "private noncommercial windmill" includes but is not limited to the term "windmill." Private noncommercial windmills are also referred to as wind energy systems, wind turbines, wind energy conversion systems, wind generators and the like.
[Added 10-13-2009 by Ord. No. 2009-03]
WIRELESS COMMUNICATIONS TERMS
For the purposes of the regulations found in § 500-833, Wireless communications antennas, the following definitions shall apply:
[Added 11-14-2000 by Ord. No. 00-4]
A. 
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas. Also referred to as "wireless communications antenna" and may be known as "cellular communications antenna."
B. 
An unmanned building, building addition, or cabinet containing communications equipment required for the operation of communications antennas. Also referred to as "equipment building."
C. 
A structure other than a building, such as a monopole, a self-supporting tower or a guyed tower, designed and used to support communications antennas. Also referred to as a "tower."
WOODLANDS
Areas, groves or stands of mature or largely mature trees (i.e., larger than six inches in caliper) covering an area greater than 1/4 acre, or groves of mature trees (greater than 12 inches in caliper) consisting of more than 10 individual specimens.
YARD
The area(s) of a lot which must remain free of buildings or other structures, and may be used as lawn or planted area, parking or driveway space, in compliance with the provisions of this chapter. (See "building envelope.") A yard is measured at right angles from the right-of-way or lot line to the nearest building wall. Yard is further defined as follows:
A. 
A yard which extends across the full width of a lot for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the ultimate right-of-way line. For flag, rear or interior lots, the front yard shall be oriented as parallel or concentric to the street from which access is provided as is feasible, along the intervening property line.
B. 
A yard which extends across the full width of a lot for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
C. 
A yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line.
YARD LINE
A line which locates and delineates the minimum yard setback requirements, measured from the ultimate right-of-way, rear and side lot lines.
ZONING OFFICER
The person or agency appointed by the Board of Supervisors to administer and enforce the provisions of the Zoning Ordinance. The term "Zoning Officer" shall also include any duly appointed staff or assistants.
Illustration of Selected Zoning Ordinance Definitions
[1]
Editor's Note: See Ch. 180, Construction Codes, Uniform.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
[3]
Editor's Note: See 53 P.S. § 10301 et seq.
[4]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[5]
Editor's Note: See 53 P.S. §§ 10609.1 and 10609.2, respectively.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See Ch. 180, Construction Codes, Uniform.
[8]
Editor's Note: The Sunshine Act, 65 P.S. § 271 et seq., 1986, July 3, P.L. 388, No. 84, was repealed 10-15-1998 by P.L. 729, No. 93; see now 65 Pa.C.S.A. § 701 et seq.
[9]
Editor's Note: The former definition of "satellite use," which immediately followed this definition, was repealed 1-11-2011 by Ord. No. 2010-05.
[10]
Editor's Note: Now the USDA Natural Resources Conservation Service.
[11]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[12]
Editor's Note: See 53 P.S. § 4000.101 et seq., and 35 P.S. § 6018.101 et seq., respectively.
[13]
Editor's Note: See § 425-403, Functional classification of streets, in Chapter 425.
[14]
Editor's Note: See § 425-500, Landscaping regulations.