Township of Springfield, PA Article II Terms Defined

§ 143-8 Word usage.

Unless otherwise expressly stated, the following words and phrases shall be construed throughout this ordinance to have the meanings indicated below:

A. The present tense includes all other tenses; the singular includes the plural, and the plural includes the singular; the masculine gender includes the feminine and neuter; the word "used" includes the words "designed" or "arranged"; the word "person" includes any individual, estate, trust, fiduciary, partnership, association, corporation or any other organization or entity, including the principal officers thereof or any person or entity acting directly or indirectly by, through or under any of the foregoing; the word "occupied" includes the words "designed or intended to be occupied"; the word "structure" includes "building"; the word "shall" is always mandatory; and the word "may" is always permissive. The words "as amended from time to time" and the like as applied to any statute, ordinance, code, regulation, plan or map include replacements, supplements or restatements thereof; and reference to a particular article, section or subsection which inherently refers to other articles, sections or subsections includes all articles, sections or subsections referred to.

B. The word "Township" means Springfield Township, Delaware County, Pennsylvania; the term "Board of Commissioners" means the Board of Commissioners of Springfield Township; the term "Planning Commission" means the Planning Commission of Springfield Township; and the term "Shade Tree Commission" means the Shade Tree Commission of Springfield Township.

C. The terms "such as," "including" and the like are intended to introduce matters which are illustrative of the meaning of the sentence, clause or phrase in which such terms appear without limiting or derogating from the general application of the sentence, clause or phrase in which such terms appear.

D. The term "approved by the Township" shall mean approval by the Board of Commissioners.

E. The term "subdivision regulations" means the Springfield Township Subdivision and Land Development Ordinance of 1987, as amended.

§ 143-9 Terms defined.

A. Words not defined below shall have the meanings given in the Municipalities Planning Code,[1] Township Subdivision and Land Development Ordinance or other Township codes and ordinances and, if not defined in the aforementioned documents, the most recent edition of Webster's Unabridged Dictionary.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

B. For the purpose of this ordinance, the following words, terms and phrases have the meanings indicated herein:

ABANDONED VEHICLE AND/OR JUNK VEHICLE

Any motorized vehicle may be considered an abandoned vehicle or junk vehicle where the vehicle constitutes a public danger, inconvenience or distraction and where at least one or more of the following conditions are found applicable:

(1) The vehicle is inoperable, as the result of a collision or other source of damage to said vehicle, for a period of 10 calendar days.

(2) The vehicle is in a dismantled or partially dismantled condition and remains inoperable for a period in excess of 10 calendar days.

(3) The vehicle does not bear, as required by the Motor Vehicle Code of the Commonwealth of Pennsylvania,[2] any one of the following:

(a) A valid registration plate assigned to said vehicle.

(b) A current certificate of inspection for said vehicle.

(c) An ascertainable vehicle identification number.

(4) The vehicle is inoperable as a result of a mechanical failure which goes unrepaired for a period in excess of 30 calendar days.

(5) The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 48 hours.

(6) The vehicle is parked and positioned on the premises so as to constitute an attractive nuisance and a hazard to others.

(7) A boat which has not been maintained in seaworthy condition and/or is positioned so as to constitute an attractive nuisance and/or a hazard to others shall, for the purpose of this ordinance, be construed as an "abandoned and/or junk vehicle."

ABANDONMENT

The cessation of the use of a property by the owner, with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

ABUTTING OWNER

The owner of record of a parcel of land which is contiguous, at any point, to the parcel for which a zoning change, amendment, subdivision and/or land development is being considered or which has frontage on a common road or street (public or private) across from the subject parcel.

ACCESSORY BUILDING

A building used for purposes customarily incidental to those of the principal permitted use or building located on the same lot.

ACCESSORY STRUCTURE

A structure on a lot used for purposes customarily incidental and subordinate to the principal structure or use located on the same lot.

ACCESSORY USE

A use of land, structure or building, or portion thereof, customarily incidental and subordinate to the principal permitted use of the land, structure or building located on the same lot.

ACCESSWAY

A drive, driveway, aisle, private street or other pavement which connects parking areas, buildings and other structures to a road, street or highway.

ACTIVE ADULT VILLAGE

A Use that permits a variety of independent living residences, assisted living units, and/or office uses, with personal service business uses associated with an assisted living facility and/or office space use, and operates as part of a cohesive development where 80% of all units shall be designated for occupancy by a person or persons at least one of whom is 55 years old or older.

[Added 7-10-2018 by Ord. No. 1586]

ADULT BOOKSTORE

An establishment which has more than 80 square feet of floor area devoted to the display, lease, sale, use and/or viewing on the premises of books, magazines, cassettes, motion-picture film, periodicals and other like merchandise which is distinguished or characterized by an emphasis on pornographic material, as defined by the Consolidated Pennsylvania Statutes Act 1972, December 6, No. 334 (18 Pa.C.S.A. § 5903). Such establishment shall not be accessible to persons under 18 years of age and shall have all areas devoted to pornographic material physically separated from areas without pornographic material.

ADULT THEATER

A building used for presenting materials distinguished or characterized by an emphasis on pornographic material, as defined by the Consolidated Pennsylvania Statutes Act 1972, December 6, No. 334 (18 Pa.C.S.A. § 5903). Such establishment shall not be accessible to persons under 18 years of age.

ADVERSE EFFECTS

A condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract properties or facilities.

AGRICULTURAL USE; AGRICULTURE

The cultivating of the soil, the raising of livestock and poultry and the harvesting of the products of the soil, including horticulture and forestry, but excluding commercial greenhouses, garden centers, garden marts or nurseries.

ALLEY

A private right-of-way providing secondary vehicular access to the side or rear of two or more lots.

ALTERATION OF BUILDING OR STRUCTURE

See "structural alteration."

ALTERNATIVES

Choices between or among two or more plans, layouts, approaches, solutions and/or results.

AMBIENT NOISE

The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far.

ANCHOR STORE

A building used primarily for commercial or retail use, intended to be the primary or magnet store in a shopping center or other group of commercial buildings. The anchor store has the largest square footage and is the primary generator of customer traffic.

APPLICANT

A landowner or developer who has filed an application for subdivision and/or land development, as hereinafter defined, including heirs, successors, assigns and grantors. The term "applicant" may include a landowner or developer who has filed an application for conditional use, special exception or other required approvals.

ASSISTED LIVING FACILITY

A facility licensed as a Personal Care Home by the Commonwealth of Pennsylvania in which supervised around-the-clock services and nursing care are provided for four or more individuals who require only intermittent care to maintain the basic needs of daily living.

AUTO-ORIENTED BUSINESS

A business whose principal use consists of the sale, rental, repair, servicing, or fueling of motor vehicles, including a Motor Vehicle Service Station and Car Wash facility. A business shall not be considered "auto-oriented" solely based on the presence of a drive-through.

AVERAGE GRADE LEVEL

The grade level which represents the average of finished grade spot elevations at the adjoining exterior walls of a building or structure. Finished grade spot elevations shall be immediately adjacent to each corner of the building and shall not reflect finished grade elevations of retained landscaped areas. In the case of a building or structure with curved walls, spot elevations shall be exhibited for every 40 feet of arc distance and at tangent points of wall intersections.

A-WEIGHTED SOUND LEVEL

The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A).

AWNING

A rooflike cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

BANK/FINANCIAL INSTITUTION

An establishment that provides services such as retail banking, collection services, loan services and tax and investment services to individuals and businesses. This use does not include check-cashing establishments and/or pawnshops.

BASE FLOOD

A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "100-year flood" or one-percent (1%) annual chance flood).

[Added 8-11-2015 by Ord. No. 1558]

BASE FLOOD DISCHARGE

The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).

[Added 8-11-2015 by Ord. No. 1558]

BASE FLOOD ELEVATION (BFE)

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

[Added 8-11-2015 by Ord. No. 1558]

BASEMENT

An enclosed area partly or completely below grade. A "basement" shall be considered a story for the purpose of height measurement if the vertical distance between the finished floor elevation and the average finished grade level of the adjoining exterior wall is six feet or more or if the finished floor elevation immediately above the basement is more than 12 feet above the finished grade level at any point. For purposes of Article XIII, Flood Hazard District, the basement shall mean any area of the building having its floor below ground level on all sides.

[Amended 8-11-2015 by Ord. No. 1558]

BENEFICIAL EFFECTS

Results contributing to an improvement in condition and/or producing a favorable outcome result.

BIOLOGICAL RESOURCES

Characteristics of the natural environment manifest in its flora and fauna. The disposition of these characteristics is typically expressed in vegetation and/or wildlife units such as tree, woodland or forest stands and related understory and ground cover growth and aquatic and terrestrial wildlife and/or their habitats.

BUFFER AREA

An area as regulated by § 143-115 adjacent to a property boundary which is landscaped and maintained for a width as required in certain districts of this ordinance and in a manner as required in § 143-116, Landscaping requirements.

BUFFER PLANTING STRIP

A strip of land within the required buffer area which shall be landscaped and maintained for a width as required in certain districts of this ordinance and in a manner as required in § 143-116, Landscaping requirements.

BUILD-TO LINE

The line which defines the placement of the building on a lot, as measured from the street right-of-way line. On a corner lot, the build-to line is located on each side abutting a public street.

BUILDING

Any permanent structure having a roof supported by columns or walls or other support and used for the shelter, housing or enclosure of persons, animals or property, including a public or private garage. For purposes of Article XIII, Flood Hazard District, a building shall mean a combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

[Amended 8-11-2015 by Ord. No. 1558]

BUILDING AREA

The total area of a principal or accessory building as measured from the exterior surface of the exterior walls of the ground floor and including porches, canopies, roof eaves, pent roofs, decks, balconies and similar permanent building projections or additions.

BUILDING COVERAGE

The percentage of the total lot area covered by the building area of all principal and accessory buildings on a lot.

BUILDING ENVELOPE

The total horizontal area contained within the building setback lines of the lot.

BUILDING FACADE

The exterior walls of a building exposed to public view. See also "primary facade."

BUILDING HEIGHT

A vertical distance measured from the average grade level to the highest point on the roof, provided that chimneys, spires, towers, domes, elevator penthouses, tanks and similar projections may be exempt as a Conditional Use approval by the Board of Commissioners as more fully set forth in 143-104. For purposes of this definition, when two or more buildings are physically joined together, the structure shall be identified as one building.

BUILDING SETBACK LINE

(1) FRONT YARD BUILDING SETBACK LINE The line parallel to the public or private street right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in this ordinance. Corner lots shall have two front yard building setback lines, except in the A, B and C Residence Districts where the Front Yard Building Setback Line shall be the line parallel to the shorter of the two street lines.

(2) SIDE YARD BUILDING SETBACK LINE The line or lines normally perpendicular to the front lot line and equal to the minimum depth of the side yard designated for each district in this ordinance. Where there are two side yards, they shall meet the minimum aggregate depth as specified in each zoning district of this ordinance. In the case of corner lots in the A, B and C Residence Districts, a Side Yard Building Setback Line shall be parallel to the longer of the two street lines.

(3) REAR YARD BUILDING SETBACK LINE The line parallel to the rear lot line and equal to the minimum depth of the rear yard designated for each district in this ordinance.

BULK

The term used to describe the size of buildings or other structures and their relationship to each other, to open areas, such as yards, and to lot lines. The term may include the size, height and floor area of buildings or other structures and all open areas in yard space relating to buildings and other structures.

CALIPER

The diameter of a tree trunk measured at a point 4 1/2 feet from the ground surface at the center of the base of the tree for all existing trees greater than 12 inches in diameter and at a point six inches from the ground surface at the center of the base of the tree for all street trees or shade trees to be planted in accordance with the requirements of this ordinance.

CANOPY

Any roofed structure, whether attached to a building or freestanding, that is unenclosed on at least three sides, supported by columns, and typically used to cover walkways, drive-through facilities, loading and unloading areas, or refueling stations. The lowest portion of a canopy constructed over a driveway or drive aisle shall not be less than 13 feet six inches above grade. For purposes of this ordinance, gazebos, pavilions and like-type recreational structures shall not be deemed as canopies.

CARPORT

A roofed structure, whether attached to and projecting from the side of a building or freestanding, used as a shelter for motor vehicles. Carports enclosed on two or more sides shall be deemed a garage.

CARTWAY

The paved area of a road or other street within which vehicles are permitted, including travel lanes, but not including shoulders, curbs, gutters, sidewalks or drainage swales.

CAR WASH

A building or portion thereof where automobiles are cleaned using a conveyor, blower, steam-cleaning equipment or other devices.

CCRC

See "continuing care retirement community".

CENTER LINE OF STREET OR ROAD

A line equidistant from and parallel to the right-of-way lines on each side of the street or road.

CERTIFICATE OF USE

A statement signed by the Code Enforcement Officer establishing that the use of a building, structure or land legally complies with the Zoning Ordinance and other applicable codes and regulations and that the same may be used for the purposes stated therein.

CHARITABLE USE

A use by a nonprofit or eleemosynary organization that provides a service beneficial to the general public or to a significant portion of the public for no fee or at a fee which is recognized as being less than that charged by a profit-making organization.

CHECK-CASHING ESTABLISHMENT

A business which is not a bank or financial institution subject to federal and state regulations that charges either a flat fee or fee based on a percentage of face value of a check to be cashed or processed by such establishment and provides such services to the public.

CHURCH

A building or group of buildings, including customary accessory buildings, designed or intended for organized religious services. For the purpose of this ordinance, the word "church" shall include chapels, cathedrals, temples and similar designations.

CIVIC USE

A meeting hall, fire station, mail facility, educational facility, place of worship, library, museum or other like-type place that is a community facility within a TND.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street center lines.

CLUB or LODGE

A social, professional or philanthropic organization or any building which serves as a meeting place for such organization which is not adjacent to or operated by or in connection with a public tavern, cafe or other public place, but which may include recreational and/or dining facilities for the membership and their guests. The "club" or "lodge" shall be characterized by the payment of dues, regular meetings and a constitution and bylaws.

CO-LOCATED

The placement of a building or buildings at or near the entrance of the principal building or buildings in a shopping center or shopping mall to be a part of the entrance-way to the principal building in a shopping center or shopping mall in an SC-1 Shopping Center District.

[Added 11-10-2015 by Ord. No. 1564]

COMMERCIAL VEHICLE

A vehicle used as a commercial vehicle in connection with a commercial enterprise, trade, profession or industry by the owners or users of said vehicle and which may or may not bear any sign, lettering or commercial advertising or ostensibly display items such as ladder racks, tool racks and the like which would indicate a commercial, trade, professional or industrial use or capability. Any vehicle other than a personal or recreational vehicle (as defined herein) which exceeds a gross vehicle weight of 9,500 pounds or is greater than 84 inches in height, whether or not engaged in a commercial enterprise, trade, profession or industry, and which may or may not bear commercial aspects such as signs or an attached ladder or tool racks shall also be considered a "commercial vehicle" in this ordinance. Vehicles or trailers used to transport other vehicles, whether or not used in connection with a leisure-time or recreational pursuit, and which are not defined as a recreational vehicle, as provided in this section, shall be considered for the purpose of this ordinance as "commercial vehicles." A vehicle not considered a "commercial vehicle" is a personal vehicle, with a gross vehicle weight of less than 9,500 pounds and less than 84 inches in height operated solely for the pleasure of the owner or user and not bearing any sign, lettering or commercial advertising of any nature, nor ostensibly displaying items such as ladder racks, tool racks and the like which lend themselves to a commercial vehicle; nor is a recreational vehicle, as defined in this section, considered a "commercial vehicle."

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.

COMMON TND OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of the traditional neighborhood development, not including streets, off-street parking areas and areas set aside for public facilities.

COMMUNICATIONS ANTENNA

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.

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or cabinet containing communications equipment required for the operation of communications antennas.

COMMUNICATIONS TOWER

A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.

COMMUNITY FACILITIES

The services which provide for various community health, education, safety, leisure and like needs and the locations at which these services are provided. Typical "community facilities" include schools, parks and recreation areas, libraries, hospitals and other health care facilities, fire protection, police, ambulance and rescue service, municipal services and postal services.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

COMPREHENSIVE PLAN

The Springfield Township Comprehensive Plan, as may be amended from time to time, including addenda, maps, tables and text which constitute a policy guide for decisions regarding land use, circulation, recreation and open space, community facilities and utilities within the township.

CONDITIONAL USE

A use which may be suitable in certain zoning districts only when specific standards and criteria prescribed for such cases within § 143-136 are met. Conditional uses are designated for each Zoning District in this Ordinance.

CONSERVATION

The planned management of a natural feature to prevent its exploitation, destruction or neglect; also, a use of land which manifests itself in the preservation of woodlands, forested areas, lakes, ponds, streams, floodplains, wetlands, steep and very steep slopes and other natural features.

CONSTRUCTION OPERATION

The erection, repair, renovation, demolition or removal of or otherwise doing any work for, to, on or with regard to any building or structure and the excavation, filling and grading of lots in connection therewith.

CONDOMINIUM

A legal form of ownership, where a building or group of buildings in which dwelling units, offices, or floor areas are owned individually and the structure, common areas, and facilities are owned by all owners on a proportional undivided basis. Condominium commonly refers to apartment units, but inherently is not a specific building type.

CONTINUING CARE RETIREMENT COMMUNITY (CCRC)

A Retirement Community regulated by the Commonwealth that provides a continuum of care from independent living to assisted living and long term care/skilled nursing facilities, and typically enters into contracts to provide lifelong care in exchange for the payment of monthly fees and an entrance fee in excess of one year of monthly fees.

CONTINUOUS VISUAL BUFFER

A visually impenetrable screen created through the effective use of plant materials, fencing, walls and/or earthen berms in the form of a buffer planting strip.

CONVALESCENT HOMES

A structure or structures licensed by the Commonwealth of Pennsylvania to provide twenty-four-hour care to residents for purposes of rehabilitation (excluding drug and alcohol rehabilitation), recovery from an illness, or long-term care.

CONVERSION/CONVERT

Any change of use of land, building or structure, or an altering of the physical layout of a building or structure to accommodate a change of use within.

CUL-DE-SAC

A street having vehicular access to and from another street at one end and terminating in a vehicular turnaround at the other end.

CULTURAL ENVIRONMENT

A representation of man's influence on land and/or water through the use, organization, adornment and maintenance of property and structures.

CULTURAL, RELIGIOUS OR CHARITABLE USE

See "cultural use," "religious use" and/or "charitable use."

CULTURAL USE

A use by a nonprofit historic, educational or like organization which is available to the general public in the form of a museum, botanical garden or like facility.

CURB CUT

The opening or depression of a curb to allow for vehicular access onto a lot.

DAY-CARE CENTER

Any premises in which child day care is provided simultaneously for children who are not relatives of the operator. Nursery schools are deemed to be "day-care centers."

DECIBEL (dB)

A unit for measuring the sound pressure level, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

DENSITY

Unless otherwise stipulated in this ordinance, the gross density, which shall be determined by dividing the total number of dwelling units by the total amount of land in the tract to be developed minus all land within the ultimate right-of-way of existing roads or utility rights-of-way or easements.

DESIGNATED OPEN SPACE

See "open space, designated."

DEVELOPER

Any landowner, equitable owner or authorized agent of such landowner who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT

A subdivision or land development project; Or, for purposes of Article XIII, Flood Hazard District, the following definition shall apply: Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

DEVELOPMENT PLAN

The provisions for the development of a residential or nonresidential development, prepared in accordance with this ordinance, the subdivision and land development ordinance, the stormwater management ordinance, and other applicable codes, ordinances, regulations and laws, and including a plat of subdivision, location of various uses, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, parking facilities, common open space, public facilities and the like. The phrase "provisions of the development plan," when used in this ordinance, shall mean both the verbal and graphic materials referred to in the proposal.

DEVELOPMENT STRATEGY PLAN(S)

A Plan or Plans depicting proposed circulation, parking, landscaping, and layout of a TND. Development Strategy Plans for the Saxer Avenue and Brookside Road areas, respectively, dated December 15, 2009, or as amended, shall be considered an Addendum to the Zoning Ordinance of Springfield Township and are incorporated by reference into this Chapter and made a part hereof.[3]

DISTRICT

Includes all buildings and lots within certain designated boundaries as indicated on the Zoning Map[4] or Maps.

DWELLING/DWELLING UNIT

A building or entirely self-contained portion thereof used or occupied solely for residential purposes, providing complete housekeeping facilities for one family, including independent cooking, water supply, sanitary and sleeping facilities and that is physically separate from any other dwelling whether or not in the same building.

(1) APARTMENT UNIT One or more rooms with private bath and kitchen facilities constituting an independent, self-contained dwelling unit for a single family separated from any other unit by common party walls, and usually located in a multifamily building or mixed use/live-work building. A Condominium is a form of ownership commonly referring to apartment units that are separately owned.

(2) DUPLEX A building containing two single-family dwelling units from ground to roof separated by one party wall in common with the other dwelling unit but with no communicating openings.

(3) MULTIPLEX A building containing between three and 12 dwelling units managed as a single entity and where units share off-street parking, open space and recreation facilities.

(4) SINGLE-FAMILY ATTACHED

(a) SEMIDETACHED OR TWIN HOUSE Two single-family dwellings separated from ground to roof by a common vertical party wall, where each unit is separated from the other by a lot or lease line, and has independent access, and open space on three sides.

(b) TOWNHOUSE A single-family dwelling in a row of three or more such units where each unit is separated from another unit by no more than two common vertical walls and no unit is located above another. Each unit has independent access to shared off-street parking areas, open space, trash and recycling.

(5) SINGLE-FAMILY DETACHED A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent dwelling unit. Where a private garage is structurally attached to such building, it shall be considered a part thereof.

(a) MANUFACTURED HOME A transportable, single-family detached dwelling unit intended for permanent occupancy contained in one unit, or in two 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 is constructed as permitted in Articles VIII and XI so that it may be used with or without a permanent foundation, but with the same or equivalent electrical, plumbing and sanitary facilities as for a conventional single-family detached dwelling. A "manufactured home" shall include any addition or accessory structure, such as porches, sheds, decks or additional rooms, and park trailers, travel trailers, recreational and other similar vehicles placed on a lot for more than 180 consecutive days.

(6) INDEPENDENT LIVING UNIT A dwelling unit for residents of a Continuing Care Retirement Community or Active Adult Village designed for individuals that do not require medical care or assistance to perform daily activities. Such unit shall contain its own separate bath, and cooking facilities, for the occupants of that individual unit.

[Added 7-10-2018 by Ord. No. 1586]

EARTHMOVING ACTIVITY

Land disturbance activity resulting in the movement of earth or stripping of vegetative cover from the earth.

EASEMENT

A right, privilege or other interest granted or reserved for the use of land for a particular purpose.

ECONOMIC AND FISCAL CHARACTERISTICS

Characteristics related to the expenditure and revenues in conjunction with the management of income of a household, private business, community, association and/or government.

EMERGENCY

Any occurrence or set of circumstances involving actual or imminent physical or mental trauma or property damage.

EMERGENCY WORK

Any work performed for the purpose of preventing or mitigating the physical or mental trauma or property damage threatened or caused by an emergency.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in size of another existing structure or an increase in that portion of a tract of land occupied by an existing use.

ENVIRONMENT

The conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed subdivision and/or land development, including natural elements, such as land, water, air, minerals, natural flora and natural fauna, and man-made components, such as objects of historic or aesthetic significance, infrastructure and man-related attributes of a social and economic nature.

ENVIRONMENTAL CONTROLS

The performance standards set forth in Article XVII pertaining to environmental quality and environmental degradation.

ENVIRONMENTAL IMPACT ASSESSMENT REPORT

An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental effects of a proposed subdivision and/or land development and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this ordinance.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas, as defined herein.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

[Amended 8-11-2015 by Ord. No. 1558]

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

[Added 8-11-2015 by Ord. No. 1558]

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

[Added 8-11-2015 by Ord. No. 1558]

FAMILY

Two or more persons living together as a single nonprofit housekeeping unit and doing their cooking on the premises, excluding, however, occupants of a club, fraternity house, lodge, dormitory, rooming house or nursing home which is not owned by the individuals.

FAMILY DAY-CARE HOME

Home occupation in a single-family detached or single-family attached dwelling, excluding duplexes and multiplex units, where the resident caregiver provides day care for four, five or six children under the age of 16 years, including children related by blood, marriage or adoption or children in foster care.

FARMERS MARKET

A seasonal selling of fruits, vegetables or produce, orchard products, flowers, and the like in a predesignated area, where the vendors are typically individuals who have raised, harvested or processed the products.

FLOOD

A temporary inundation of normally dry land areas.

[Amended 8-11-2015 by Ord. No. 1558]

FLOOD (ONE-HUNDRED-YEAR)

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

[Amended 8-11-2015 by Ord. No. 1558]

FLOOD FRINGE

That portion of the floodplain outside the floodway.

[Amended 8-11-2015 by Ord. No. 1558]

FLOOD HAZARD AREA

Those areas as described in § 143-83 of this ordinance and delineated on the Flood Hazard District Map.

[Amended 8-11-2015 by Ord. No. 1558]

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

[Added 8-11-2015 by Ord. No. 1558]

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

[Added 8-11-2015 by Ord. No. 1558]

FLOODPLAIN/FLOODPLAIN AREA

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.

[Amended 8-11-2015 by Ord. No. 1558]

FLOODPLAIN AREA, IDENTIFIED

The floodplain area specifically identified in this ordinance as being inundated by the one-hundred-year flood.

[Amended 8-11-2015 by Ord. No. 1558]

FLOOD-PRONE AREA

Those areas as described in § 143-83 of this ordinance or delineated on the Flood Hazard District Map.

[Amended 8-11-2015 by Ord. No. 1558]

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

[Amended 8-11-2015 by Ord. No. 1558]

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

[Amended 8-11-2015 by Ord. No. 1558]

FLOOR AREA

See "gross floor area" and "net floor area."

FLOOR AREA RATIO

The total allowable floor area for a given lot, divided by the net area of that lot.

FOREST

See "woodland" and "forest."

FORESTRY

The systematic management and maintenance of forests and woodlands in accordance with a forest management plan approved by the Pennsylvania Department of Conservation and Natural Resources Bureau of Forestry for purposes such as the production of timber and other forest products, watershed protection, recreation and open space preservation and conservation.

FREESTANDING

A building, not attached to any other building, and containing no more than one principal use.

FUNERAL HOME

A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

GARAGE, PRIVATE

An accessory building or part of a principal permitted building used for the storage of motor vehicles owned and used by the owner or tenant of such building.

GARAGE, PUBLIC

An accessory building or structure consisting of one or more levels and used to temporarily park motor vehicles for patrons, visitors or employees of the principal permitted use.

GATEWAY

The area through which motorists and pedestrians pass upon entering into Springfield Township, within which ornamental monuments, piers, signage, street trees, street lights, sidewalks, crosswalks, and the like, exist or may be located.

GOVERNMENTAL USES

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. Also see "municipal use."

GRADING

The changing of the surface of the ground by cutting, filling or excavation, including land in its cut or filled condition.

GREEN

A plaza, square, courtyard, pedestrian pocket, lawn area, or other outdoor space or common area in which features such as benches, gazebos, pergolas, trellises, planters, plantings, lighting, sculpture, and the like, are installed and maintained, and in which public seating, outdoor dining, and the like, do or may take place.

GREEN BOULEVARD PLAN

A Plan dated August 11, 2008, or the most recent version thereof, depicting proposed improvements to Baltimore Pike in accordance with the goals of the Springfield Township Comprehensive Plan, 2006, or as amended. Such Plan shall be considered an Addendum to the Zoning Ordinance of Springfield Township and is incorporated by reference into this Chapter and made a part hereof.[5]

GREEN ROOF

An engineered, multi-layered roofing system sustaining the growth of plants on a rooftop while protecting the integrity of the underlying structure. The components of a green roof consist of a waterproofing membrane, root barrier, drainage and irrigation layer, growing medium and plants.

GROSS DENSITY

See "density."

GROSS FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building, as the case may be, measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet.

GROSS LEASABLE AREA (GLA)

In the context of the SC District, the floor area in a Shopping Center of multiple tenants actually leased to tenants, excluding common areas such as corridors, hallways, common restroom facilities, common storage facilities and other areas not leased by tenants.

GROSS TRACT AREA

See Tract Area.

[Added 7-10-2018 by Ord. No. 1586]

HEIGHT OF A COMMUNICATION TOWER

The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

[Added 8-11-2015 by Ord. No. 1558]

HISTORIC RESOURCES

Sites, areas, structures, trails and/or routes which are valued due to their significance as examples and/or locations of events, customs, skills and/or arts of the past, including those having a present significance.

HISTORIC STRUCTURE

For purposes of Article XIII, Flood Hazard District, any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) 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;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior, or

(b) Directly by the Secretary of the Interior in states without approved programs.

HORTICULTURE

The art and practice of propagating and cultivating plants for their produce or for ornament.

HOSPITAL

An institution providing primary health services and medical or surgical care to persons, primarily inpatients suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities.

HOTEL, MOTEL or INN

A building or group of buildings containing one or more guest rooms, or a group of such buildings especially designed for the temporary lodging of transient guests, provided that no room shall have cooking facilities of any kind. Such establishment shall furnish to the occupants customary services, such as maid service and the furnishing and laundering of linen. Eating and drinking facilities may be accessory to the "hotel, motel or inn."

HOUSEHOLD PETS

Domestic animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasure of the resident family, such as dogs, cats, small birds, gerbils and other similar pets normally sold by retail pet stores.

IDENTIFIED FLOODPLAIN AREA

See "floodplain area, identified."

IMPACT

The power of an event to produce changes in a condition. In the context of impact exerted on the environment, changes which affect the existing conditions and/or quality are of greatest concern.

IMPERVIOUS SURFACE

A surface which has materials that do not normally absorb rainfall or surface water, such as buildings, paved parking areas, streets, paved walks and similar surfaces.

IMPROVEMENTS

Physical additions and changes to land, such as grading, paving, curbing, fire hydrants, water mains, sanitary sewers, capped sewers, storm sewers, storm drains, catch basins, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, streetlights, wells, on-site sewage disposal systems, street trees and other plantings, planting screen and other structures that may be necessary to produce usable and desirable land development. The following activities shall not be deemed improvements:

(1) Any earthmoving activity, grading and/or stripping of real property when the disturbed area is less than:

(a) Three hundred square feet in any Nonresidential District.

(b) Eight thousand five hundred square feet in an A or D Residence District.

(c) Seven thousand two hundred square feet in a B Residence District.

(d) Five thousand one hundred square feet in a C Residence District.

(e) Five thousand square feet in a Planned Residential Development Overlay District.

(2) Any physical additions and/or changes to the land (exclusive of buildings), in Nonresidential Districts, which will not disturb an area greater than 300 square feet.

(3) The erection of a sign, fence or flagpole.

IMPULSIVE SOUND

Sound of short duration, usually less than one second, with an abrupt onset and rapid de cay. Examples of "impulsive sound" include explosions, drop forge impacts and the discharge of firearms.

INDEPENDENT LIVING UNIT

A dwelling unit for residents of a Continuing Care Retirement Community designed for not more than two adult individuals that do not require medical care or assistance to perform daily activities. Such unit may take the form of a single family detached, attached, or apartment unit and must contain its own separate bath, and cooking facilities for the occupants of that individual unit.

INFILL DEVELOPMENT

New development, adaptive re-use of existing buildings, redevelopment or some combination thereof, which is proposed or is built in an area with existing public infrastructure and utilities, and typically surrounded by existing development.

INFRASTRUCTURE

The basic installations and facilities on which the continuance and growth of a community depend, such as roads, schools, electrical transmission facilities, transportation and communication systems.

KENNEL

An establishment where six or more dogs, cats or like domesticated animals are kept, boarded, groomed, trained, raised or bred for compensation as an accessory use to a principal permitted use.

LAND DEVELOPMENT

Any of the following activities:

(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

(b) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

(2) A subdivision of land.

LAND DEVELOPMENT PLAN

A sketch, preliminary or final plan showing the provisions for development of a tract of land.

LANDOWNER

The record holder of legal title to land; the rightful 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 expressly under the lease to exercise the rights of the owner; or other person(s) having a proprietary interest in the land.

LANDSCAPED AREA or LANDSCAPED BUFFER

That portion of a tract or lot in which plantings have been installed in accordance with Article XVII, § 143-116, Landscaping requirements. The "landscaped area" includes the buffer planting strip, as well as plantings which serve a functional and/or aesthetic purpose when located around and between buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and the like.

LEED (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN)

A green building rating system developed and administered by the U.S. Green Building Council, designed to promote design and construction practices that increase profitability while reducing the negative environmental impacts of buildings and improving occupant health and well-being. Available rating systems address a variety of building projects including New Construction (NC) or Existing Buildings (EB), as well as overall Neighborhood Design (ND).

LEED-ND (NEIGHBORHOOD DESIGN)

A LEED rating system, developed by the United States Green Building Council (USGBC), Congress for the New Urbanism (CNU) and Natural Resources Defense Council (NRDC), that integrates the principles of smart growth, new urbanism, and green building into the first national standard for neighborhood location and design.

LIVE-WORK UNIT

A commercial use, such as a shop, studio, office, or other place of business in combination with dwelling units located above such place of business. A person or persons other than the proprietor of the business may occupy a Live-Work Unit.

LIVESTOCK

Animals of any kind raised for sale, resale or agricultural field production. For the purposes of this ordinance, the keeping of common household pets, such as dogs, cats and the like, shall not be considered as the keeping of "livestock."

LOADING SPACE, OFF-STREET

A space, accessible from a street or way, in a building or on a lot for the temporary use of vehicles while loading or unloading merchandise or materials.

LONG-TERM EFFECTS

Results which are manifest for or extending over a long period of time.

LONG-TERM CARE FACILITY

A structure or structures licensed by the Commonwealth of Pennsylvania to provide twenty-four-hour convalescent or chronic care to residents who are unable to care for themselves. Skilled Nursing facilities, Intermediate Nursing Facilities, Nursing homes and Convalescent Homes shall be considered Long Term Care Facilities.

LOT

One duly recorded parcel of land on which a permitted use or building and an accessory use or building may be placed, together with the required yards and areas required by this ordinance, not including any land within the limits of a street right-of-way upon which the "lot" abuts, even if a portion of the right-of-way is maintained by the owner of the "lot."

LOT AREA

The area of land contained within the property lines of a lot, including the area of any easement, but excluding any area within an existing or designated future road rights-of-way.

LOT, CORNER

A lot abutting upon two or more streets, or upon two parts of the same street, forming an interior angle of less than 135°.

LOT COVERAGE

The percentage of the lot area that is occupied by the building area.

LOT DEPTH

The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

LOT, FLAG

An existing lot configured in such a way as to provide a narrow strip of land that provides for vehicular access, but does not meet the required minimum lot width at the street or building setback lines for the Zoning District in which the lot is located.

LOT FRONTAGE

The distance measured along the street line of the lot abutting a public road, street or highway.

LOT LINE

A property boundary line shown on a recorded plan or described in a recorded deed. In the case of any lot abutting a street, the "lot line" for the portion of the lot abutting the street shall be deemed to be the same as the street line, but shall not be the center line of the street or any other line within the street right-of-way.

(1) FRONT LOT LINE The lot line abutting a street and coinciding with the street line. In the case of a corner lot, both street lines shall be deemed the "front lot line," except in the A, B and C Residence Districts, where the "front lot line" shall be the shorter of the two lot lines coinciding with the street line.

(2) REAR LOT LINE A lot line opposite and most distant from the front lot line. If the "rear lot line" is less than 10 feet in length or if the lot forms a point at the rear, the "rear lot line" shall be deemed to be a line 10 feet in length within the lot, between the side lot lines, parallel to and at the maximum distance from the front lot line. For a corner lots outside of the A, B and C Residence Districts, the lot line most distant from the front lot line will be the "rear lot line."

(3) SIDE LOT LINE Any lot line which is not a street line or a rear lot line. For a corner lot in the A, B or C Residence Districts, of the two lot lines coinciding with street lines, that lot line on the long side of the lot.

LOT, REVERSE FRONTAGE

A lot, abutting both an arterial or major collector street(s) and a local, cul-de-sac or loop street.

LOT WIDTH

The horizontal distance measured between the side lot lines at the required or proposed building setback line. When there is only one side lot line, as in the case of two-family or single-family attached dwellings, the lot width shall be measured between the side lot line and the center line of the party wall.

LOWEST FLOOR

For purposes of Article XIII, Flood Hazard District, the lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable, non-elevation design requirements of this Ordinance.

MANUAL OF WRITTEN AND GRAPHIC DESIGN GUIDELINES

A document that provides written and graphic design guidelines for the TND Overlay Districts in accordance with Exhibit A, the Manual of Written and Graphic Design Guidelines,[6] as enabled by Section 708-A of the Pennsylvania Municipalities Planning Code.[7] Such document shall be considered an Addendum to the Zoning Ordinance of Springfield Township and is incorporated by reference into this Chapter and made a part hereof.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

[Amended 8-11-2015 by Ord. No. 1558]

See also "dwelling, single-family detached, manufactured home."

MANUFACTURED HOME LOT

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

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more manufactured home lots for rent or sale for the placement thereon of manufactured homes for non-transient use.

[Amended 8-11-2015 by Ord. No. 1558]

MASSAGE STUDIO

Any establishment or business in which a person or persons who is not licensed by any nationally recognized massage therapy association engages in, carries on, or permits to be engaged in the practice of massage. Massage refers to any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body with hands or with the aid of mechanical or electrical apparatus with or without such supplementing aids as rubbing alcohol, liniments or other similar preparations commonly used in this practice. Excluded from the definition of "massage studio" is the practice of massage by licensed hospitals, licensed nursing homes, medical clinics and the offices and quarters of licensed health professional practitioners. Other excluded facilities include an athletic club, health club, school, gym or similar establishment where massage is offered as an incidental and an accessory medical or therapeutic massage practitioner service.

MEDICAL MARIJUANA ACT

Act 16 of 2016, 35 P.S. § 10231.101 et seq.

[Added 10-9-2018 by Ord. No. 1587]

MEDICAL MARIJUANA DISPENSARY

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

[Added 10-9-2018 by Ord. No. 1587]

MEDICAL MARIJUANA GROWER/PROCESSOR

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

[Added 10-9-2018 by Ord. No. 1587]

MINOR REPAIR

For the purposes of Article XIII, Flood Hazard District, the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MITIGATION

The act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.

MIXED-USE DEVELOPMENT

A development which combines residential with commercial uses within the same building or on the same lot, planned and designed as a complex of related structures and circulation (vehicular and pedestrian) patterns and designed, constructed, or managed as a total entity with customer and employee parking provided on-site and with provision for delivery of goods separate from customer access.

MOTOR VEHICLE SERVICE STATION

A building or place of business where the primary service includes: sale of gasoline or other fuel for motor vehicles, with or without a convenience retail store; and/or automotive maintenance or repair services. Retail sales of automotive parts and accessories shall be considered a retail use, unless provided as an accessory use to a motor vehicle service station.

MUFFLER OR SOUND DEVICE

A device designed or used for decreasing or abating the level of sound escaping from an engine, machinery or like system.

MUNICIPAL USE

A use owned by the Township, such as parks, playgrounds and other recreational, cultural and conservation areas; the sites for sewage treatment, solid waste and refuse disposal, and other public facilities owned and operated for the good and well-being of the Township; and activities regularly conducted by the Township at such sites and/or facilities.

NATURAL ENVIRONMENT

A composition of land, water and/or air represented by its inherent physical and biological resources.

NET FLOOR AREA

The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after January 19, 1978 and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

[Amended 8-11-2015 by Ord. No. 1558]

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

[Added 8-11-2015 by Ord. No. 1558]

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.

NOISE

Any sound which annoys or disturbs humans or animals or which causes or tends to cause an adverse psychological or physiological effect on humans or animals.

NOISE DISTURBANCE

Any sound which endangers or injures the safety or health of humans or animals or endangers or injures personal or real property or is in excess of the sound levels by zoning districts referenced in Article XVII.

NONCONFORMING BUILDING

A building or part of a building lawfully existing at the time this Ordinance, or a subsequent amendment to this Ordinance, became effective, which upon enactment of such Ordinance or Amendment to this Ordinance does not conform to the area, bulk or other dimensional requirements of the district in which it is located.

NONCONFORMING LOT

A lot of record existing at the passage of this ordinance or of subsequent Zoning Ordinance amendments, which does not have the minimum width, minimum area or other dimensions required by the Zoning District in which it is located.

NONCONFORMING SIGN

A sign which does not conform to the sign regulations in this ordinance for the district in which it is located, but which was in existence at the time the ordinance was established.

NONCONFORMING STRUCTURE

A structure or part of a structure that does not comply with the applicable area, bulk or other dimensional provisions in this ordinance for the Zoning District in which it is located, where such structure lawfully existed prior to the enactment of this ordinance or amendment.

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions for the Zoning District in which it is located, where such use was lawfully in existence prior to the enactment of this ordinance or amendment.

NONTRANSIENT USE

A use which manifests itself for a period of not less than six consecutive months.

NURSERY SCHOOL

A school that focuses on the early education of children prior to first grade that meets all Commonwealth of Pennsylvania licensing laws and certification laws.

OFFICE, BUSINESS

A building or portion thereof used for the services of accounting, insurance, employment, administration, real estate and like services exclusive of manufacturing and processing products.

OFFICE, MEDICAL

A building or portion thereof used for the services of physicians, dentists, physical therapists, chiropractors, and like services.

OFFICE, PROFESSIONAL

A building or portion thereof used for the services of lawyers, architects, engineers, and like services.

ONE-HUNDRED-YEAR FLOOD

See "flood (one-hundred-year)."

OPEN SPACE

Lands characterized by resources or serving certain conservation, recreation, buffer or other purposes as described in Article XVIII, Open Space Provisions.

OPEN SPACE, DESIGNATED

Areas allocated to meet the requirements for open space in the A Residence District through the Open Space Option, as well as for planned residential development as an overlay in the SU District.

OPEN SPACE OPTION

The choice which may be exercised in the A Residence District, on tracts greater than 15 acres, to arrange lots with particular consideration of and sensitivity toward environmental resources, the minimum net size requirement for which would be less than would otherwise be required in the districts and the relative density of which may be greater than would otherwise be permitted in the districts, in exchange for allocating open space for various conservation and recreation purposes.

OUTDOOR ROOM

The character of the space between buildings of at least two stories or 20 feet in height, where the distance from building facade to building facade is typically 60 to 95 feet in width.

PARKING FACILITY APPURTENANCES

Parking spaces, maneuvering aisles, pavement, curbs, shade trees, landscaping, lighting, stormwater management facilities and grading.

PARKING SPACE

A reasonably level space available for the temporary parking of one motor vehicle, exclusive of passageways, driveways or other means of circulation or access. A parking space shall include either a covered garage space or an uncovered parking lot space located off the street right-of-way.

PATIO

A level, landscaped and/or paved area directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.

PAWNSHOP

Any building or room or portion thereof which is open to the public and which is owned or operated by a person who lends money at a rate of interest on articles of personal property left and collateralized as security and who may make such articles available for purchase by the public.

PEDESTRIAN PLAZA

A type of Common TND Open Space characterized primarily as a paved space with pedestrian amenities.

[Added 7-10-2018 by Ord. No. 1586]

PEDESTRIAN POCKET

A mini-park, typically less than 1/2 acre in size, with benches, shade trees, a paved plaza, lighting and perimeter landscaped areas.

PENNSYLVANIA MUNICIPALITIES PLANNING CODE

Pennsylvania Act 247 of 1968 (P.L. 805) as amended, also cited as 53 P.S. § 10101 et seq., or any subsequent act of the Commonwealth of Pennsylvania which replaces, supplements or repeals any or all of the provisions of Act 247.

PERSON

Any individual, association, trust, partnership or corporation, including any members, directors, officers, employees, partners or principals thereof. Whenever used in any clause prescribing and imposing a penalty, "person" includes the members, trustees, partners, directors, officers, managers and supervisors, or any of them, of partnerships, associations, corporations or other form of entity. For the purposes of Article XIII, Flood Hazard District, an individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

[Amended 8-11-2015 by Ord. No. 1558]

PERSONAL SERVICE BUSINESS

An establishment providing a service involving the care of a person and his/her personal goods or apparel, such as beauty salons, hair salons, nail salons, barbershops, and retail dry cleaner (drop off and pick up only).

[Added 7-10-2018 by Ord. No. 1586]

PHYSICAL RESOURCES

Characteristics of the natural environment, manifest in its landforms, soils, geological structure of surface and/or subsurface rock, minerals, natural bodies of water and/or man-made impoundments, watercourses, groundwater and the like. The disposition of these characteristics is typically expressed in physiographic, topographic and/or hydrologic units, such as rock formations, slopes, elevations, soil types, watersheds, surface water types, wetlands, floodplains, aquifers or aquifer recharge areas and the like.

PLANNED BUSINESS CENTER

A tract of land that is planned and developed under a unified design scheme with regards to parking, loading/unloading areas, circulation, utilities, landscaping and aesthetics, and operated as an integrated facility for occupancy by multiple tenants conducting principal permitted uses in the District.

PLANNED RESIDENTIAL DEVELOPMENT

A contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which must comply with the lot size, bulk or type of dwelling, density, lot coverage, required open space and other provisions of Article VIII.

PLANTINGS/PLANTING SCREEN

Trees, shrubs and ground covers which are installed and maintained in accordance with a landscaping plan approved by the Board of Commissioners.

PORCH

A terrace or platform extending beyond the main part of a building and having a roof supported by posts or pillars but otherwise unprotected from the elements. It may have a railing or balustrade approximately 30 inches high and/or an enclosure of screening, but in no case shall it have an enclosure of frame construction and/or glass, whether permanent or in removable sections.

POST-FIRM STRUCTURE

Is a structure for which construction or substantial improvement occurred after December 31, 1974 or on or after the community's initial Flood Insurance Rate Map (FIRM) dated January 19, 1978, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.

[Added 8-11-2015 by Ord. No. 1558]

PRE-FIRM STRUCTURE

Is a structure for which construction or substantial improvement occurred on or before December 31, 1974 or before the community's initial Flood Insurance Rate Map (FIRM) dated January 19, 1978, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.

[Added 8-11-2015 by Ord. No. 1558]

PRIMARY EFFECTS

Results of a direct nature which have a principal influence on a particular condition or state.

PRIMARY FACADE

The facade of a building that faces the street and is often where the main entrance door is located. On a corner lot, where both streets are classified as Urban Arterials (Minor or Principal) in accordance with the Springfield Township Comprehensive Plan, there shall be two primary facades.

PRINCIPAL BUILDING

A building in which the principal use of the lot is conducted.

PROPERTY LINE

See "lot line."

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC RIGHT-OF-WAY

Any street, avenue, boulevard, highway, sidewalk, or similar place which is owned or controlled by a governmental entity.

PUBLIC SANITARY SEWERAGE SYSTEM

Any system, other than an on-lot sewage disposal system, which is administered and operated by a governmental agency, authority or commission for the collection, conveyance, treatment and disposal of wastes from customers in compliance with prevailing federal, state and municipal regulations.

PUBLIC SCHOOL BUS OPERATIONS FACILITY

A use that permits parking, storage, servicing and operation of public school buses and vans, related employee parking, and building(s) for repair and maintenance of the public school buses and vans and related offices, break rooms and similar accommodations for employees and staff.

[Added 3-10-2020 by Ord. No. 1607]

PUBLIC SPACE

A real property or structures thereon owned or controlled by a governmental entity.

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.

PUBLIC WATER SYSTEM

Any system for water distribution and water supply, other than an on-lot water supply system, which is owned, administered and operated by an organization which is regulated by a governmental agency, authority or commission.

REAL PROPERTY

All land, whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to a public right-of-way.

RECREATIONAL VEHICLE

A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use; "recreational vehicles" or units, including travel trailers, truck-mounted campers, motor homes, folding tent campers and autos, buses or trucks adapted for vacation use and other vehicles not suitable for daily conventional family transportation. Snowmobiles, minibikes, all-terrain vehicles, go-carts and boat trailers are also deemed "recreational vehicles." For the purpose of regulating Article XIII, FH Flood Hazard District, a Recreational Vehicle is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck, not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

[Amended 8-11-2015 by Ord. No. 1558]

REDEVELOPMENT

The alteration, enlargement or extension of a building by 20% or more of the gross floor area of the building, including the cumulative total of any demolition, new construction, alteration, enlargement or extension of a building approved from the date of adoption of this Ordinance.

REGULATORY FLOOD ELEVATION

The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.

[Amended 8-11-2015 by Ord. No. 1558]

RELIGIOUS USE

A use involving a structure or place in which worship and ceremonies pertaining to a particular system of beliefs are held.

REPETITIVE LOSS

Flood related damages sustained by a structure on two or more separate occasions during a ten-year rolling period for which the cost of repairs cumulatively equals or exceeds fifty (50) percent of the market value of the structure before the damages occurred.

[Added 8-11-2015 by Ord. No. 1558]

RESERVE PARKING

A parking space(s) and parking facility appurtenances which the Township Commissioners, in their sole discretion, permit a landowner or developer or any other person to defer the construction, installation or completion thereof until such time as the Board of Commissioners requires the construction, installation or completion thereof or until such time as the parking space or spaces are otherwise constructed, installed or completed.

RESIDENTIAL AREA

That portion of a TND-5 Overlay District development designated for dwelling units.

[Added 7-10-2018 by Ord. No. 1586]

RESTAURANT

A building used for the purpose of preparing and serving food and beverages to the public for consumption on the premises.

RESTAURANT, FAST-FOOD

A restaurant in which food and beverages are sold in a form ready for consumption (prepackaged), or prepared quickly and packaged; and where a significant portion of the consumption takes place off of the restaurant premises. Food eaten on the premises is not normally delivered to the customer's table by a restaurant employee, but picked up by a customer at a service counter. For purposes of this ordinance, a restaurant that primarily provides sit-down service, but permits customers to pick up prepared foods by means other than a drive-through shall not be deemed a fast food restaurant.

RETIREMENT COMMUNITY

A community in which a minimum of 80% of all units shall be designated for occupancy by a person or persons at least one of whom is 55 years old or older.

RETIREMENT RESIDENCE

A dwelling specifically designed for persons 55 years of age and older. Retirement dwellings may be of any dwelling type defined, but are only permitted in accordance with the specific terms and conditions of this ordinance.

RIGHT-OF-WAY

A strip of land granted or reserved for public or private use.

SANITARY SEWAGE

Any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers or any other source of water-carried waste of human origin.

SANITARY SEWER

A pipe that conveys sanitary sewage.

SECONDARY EFFECTS

Results of an indirect nature which have an influence on a particular condition or state derived from a primary effect.

SECTION

An area or tract which is part of a proposed planned residential development which will be developed according to a timetable for development over a period of years included by the applicant in the development plan.

SERVICE LANE

An accessway internal to mixed-use, commercial, and other nonresidential areas and that connects buildings on adjacent lots.

[Added 7-10-2018 by Ord. No. 1586]

SETBACK

The horizontal distance between a property line and the building setback line. Setback standards are set forth more fully in § 143-103.

SEWAGE

The total of organic waste and wastewater generated by residential, industrial, commercial, institutional or other establishments.

SEWER

Any pipe or conduit used to collect and carry away sewage or stormwater runoff from the generating source of origin to treatment plants and to a receiving stream or other drainageway.

SEWERAGE

All effluent carried by sewers, whether it is sanitary sewage, residential, commercial or industrial wastes or stormwater runoff; or, the entire system of sewage collection, conveyance, treatment and disposal.

SHOPPING CENTER

A group of commercial establishments planned, constructed and managed as a total entity, where each establishment has an individual entrance from the parking area or street, and where customer and employee parking is shared and provided on-site.

SHOPPING MALL

A shopping center with stores arranged on both sides of an enclosed or open pedestrian walkway, and where such stores are accessed via a limited number of shared entrances.

SHORT-TERM EFFECTS

Results which are manifest for or-extending over a short period of time.

SIGN

Any permanent or temporary structure or part thereof, or any device attached, painted or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as, or which is in the nature of, an advertisement, announcement, visual communication, direction or is designed to attract the eye or bring the subject to the attention of the public. Flags of any governmental unit or branch of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property and cornerstones built into or attached to a wall of a building shall not be construed to be "signs."

(1) ACCESSORY Any sign specifically related to the principal permitted use of the premises on which said sign is erected and which serves as a further description of products available to or services provided for the general public.

(2) FLASHING A sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits sudden or marked changes in lighting effects. Illuminated signs which indicate the time, temperature or date information shall not be considered "flashing signs."

(3) FREESTANDING A sign supported by or suspended from a column, pole, pedestal or other support(s) located in or upon the ground surface. Ground Signs and Pole Signs shall be considered Freestanding signs.

(4) GROUND SIGN A freestanding sign supported by footings, pedestal, uprights or braces in which the height of such sign is less than six feet above the ground.

(5) ILLUMINATED SIGN A sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign or a sign with illumination derived from an external artificial source so arranged that no direct rays of light are projected from such artificial source to areas other than the sign being illuminated.

(6) MARQUEES Includes any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare.

(7) ON-PREMISES A sign relating to the permitted use of the premises on which it is located or to products, accommodations, services or activities on the premises.

(8) OFF-PREMISES A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. Off-premises signs shall be considered nonaccessory uses.

(9) PARALLEL SIGN A sign which is mounted parallel to a wall or other vertical building surface and having a single advertising surface.

(10) POLE SIGN A freestanding sign mounted on a pole, column or other support(s) so that the bottom edge of the sign area is a minimum of eight feet from the ground.

(11) PROJECTING SIGN A sign which is mounted perpendicular to the wall of a building or other structure or hung from a canopy or awning, and which may have two advertising surfaces.

(12) REAL ESTATE SIGN A sign pertaining to the sale or lease of the premises on which the sign is located.

(13) ROOF SIGN Any sign erected, constructed and maintained upon or over the roof of any building with the principal support on the roof structure.

(14) TEMPORARY SIGN Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials, with or without frames, intended to be displayed only for a consecutive thirty-day period.

(15) WALL SIGN See "parallel sign."

(16) WINDOW SIGN A temporary or permanent sign which is oriented to the public right-of-way, is located on the inside of a window to direct attention to an activity conducted on the same lot.

SIGN AREA

Construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the "area" shall be considered to be that of the smallest rectangle, circle or square, including the sign background, which encompasses all of the letters and symbols.

SINGLE AND SEPARATE OWNERSHIP

The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property.

SITE

A tract or parcel of land or combination of contiguous lots on a tract which forms an area for a development project.

SKILLED NURSING FACILITY

See "long-term care facility."

SOCIAL AND DEMOGRAPHIC CHARACTERISTICS

Characteristics related to the distribution, density and vital statistics of populations.

SOUND

An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of "sound" may include any characteristics of such "sound," including duration, intensity and frequency.

SOUND LEVEL

The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B and C, as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1974 or the latest revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

SOUND LEVEL METER

An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and any applicable weighting network used to measure sound pressure levels which meets or exceeds the requirement for a Type I or Type II sound level meter as specified in ANSI Specification S1.4-1974 or the latest revision thereof. The manufacturer's published indication of compliance with such specifications shall be prima facie evidence of such compliance.

SPECIAL EXCEPTION

A function of the Zoning Hearing Board in accordance with the provisions of Article XX and Article XIX, § 143-126, whereby the Zoning Hearing Board hears and decides requests for uses, stipulated as uses by special exception in this ordinance, in accordance with explicit standards and criteria. The Zoning Hearing Board may grant or deny such requests based on such standards and criteria. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this ordinance, as it may deem necessary to implement the purposes of this ordinance.

SPECIAL FLOOD HAZARD AREA (SFHA)

Means an area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.

[Added 8-11-2015 by Ord. No. 1558]

STAGE

A section or sections of which an applicant prod poses to commence development at the same time, as part of a timetable for development of a planned residential development over a period of years.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

[Added 8-11-2015 by Ord. No. 1558]

STEEP SLOPE

The area of land which is characterized by a change in elevation of 15% or more but not exceeding 25% over a specified distance or contour.

STORY

That part of a structure included between any floor and the floor or roof next above. When applied to the permissible height of buildings, the term "story" shall not include a basement if the vertical distance between the finished floor elevation and the average finished grade level of the adjoining exterior wall is less than six feet or if the finished floor elevation is less than 12 feet above the finished grade level at any point.

STREET

A public or privately owned right-of-way, serving as a means of vehicular and pedestrian travel used to provide space for installation of improvements such as sewers, other utilities, sidewalks, curbs and pavement.

STREET LINE

The dividing line between a lot and the outside boundary or right-of-way line of a public or private street, road or highway legally open or officially platted or between a lot and a privately owned street or road.

STREET WALL

The visual wall that is formed by building facades and other approved architectural or landscaping elements that adjoin a sidewalk at the edge of the street right-of-way and defines the edges of the streetscape. This "wall" may be composed of other elements such as walls, fences, or hedges which may be located in lieu of a building wall, when an existing building is already set back from the street.

STREETSCAPE

The space formed by buildings adjoining the street, which is embellished with sidewalks, crosswalks, street walls, street trees and other landscaping, street lights, curbs, on-street parking along selected streets, and cartways. The streetscape is typically framed by buildings, which create or could create an "outdoor room" character along the street.

STRIPPING

Cutting or any other activity which removes the vegetative surface cover, such as tree removal, clearing, grubbing and removal of topsoil.

STRUCTURAL ALTERATION

Any change in or addition to the supporting or structural members of a building or other structure, such as the bearing walls, partitions, columns, beams or girders, or any change which could convert an existing building or other structure into a different structure or adapt it to a different use.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. Structure shall include, but is not limited to buildings, sheds, manufactured homes, garages, fences and walls, and other similar items. For the purposes of Article XIII, Flood Hazard District, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

[Amended 8-11-2015 by Ord. No. 1558]

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, conveyance or other 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 residential dwellings, shall be exempted.

SUBDIVISION PLAN

A sketch, preliminary or final plan showing the provision for the development of a tract of land.

SUBDIVISION REGULATIONS

The requirements found in Chapter 123, entitled "Subdivision and Land Development," of the Code of the Township of Springfield.

SUBSTANTIAL ADDITIONS TO MANUFACTURED HOME PARKS

For purposes of Article XIII, Flood Hazard District, any repair, reconstruction, or improvement of an existing manufactured home park or manufactured home subdivision, where such repair, reconstruction, or improvement of the streets, utilities, and pads will equal or exceed 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement is started.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" or "repetitive loss" regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

[Amended 8-11-2015 by Ord. No. 1558]

TATTOO/BODY PIERCING ESTABLISHMENTS

Any building or room or portion thereof where the work of tattooing is practiced, the business of tattooing is conducted, the work of tattooing and/or body piercing is practiced or the business of both tattooing and body piercing is conducted.

THEATER

A building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances. The term "theater" shall not include adult motion-picture theater.

TRACT AREA

The entire area of a lot which forms the site of a land development application.

[Added 7-10-2018 by Ord. No. 1586]

TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)

A form of land development within a TND Overlay district in accordance with Article XIV herein, and consistent with Article VII-A of the Pennsylvania Municipalities Planning Code (MPC).[8]

TRANSIT SHELTER OR STATION

A facility at selected points along transit routes, such as train routes or bus routes, for passenger pick up, drop off, and waiting.

TRAVEL TRAILER

A portable vehicular structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation and other short-term uses, having a body width not exceeding eight feet and a body length not exceeding 32 feet.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by The Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, The Code adopted The International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

[Amended 8-11-2015 by Ord. No. 1558]

USE

The specific purpose for which land, structure or a building is proposed to be subdivided, redeveloped and/or developed or is otherwise designed, arranged, intended or for which it is proposed or may be occupied or maintained.

UTILITY

The generation, transmission, and/or distribution of electricity, gas, steam, communications, and water; the collection and treatment of sewage and solid waste; and the provision of mass transportation.

VARIANCE

Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this ordinance, as applied to a specific property, in accordance with the provisions of Article XX.

VERY STEEP SLOPE

The area of land which is characterized by a change in elevation of 25% or more over a specified distance or contour.

VIOLATION

For the purposes of Article XIII, Flood Hazard District, violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

[Added 8-11-2015 by Ord. No. 1558]

VISUAL RESOURCES

Characteristics of the natural and/or cultural environment which are visible. The "visual resources" of a particular area are typically expressed in terms of their visibility, character and/or attractiveness relative to their amenity value and/or quality or lack of it.

WATERCOURSE

(1) A stream with year-round or substantially year-round flow, such as a creek, run or other body of running water; or

(2) For purposes of Article XIII, Flood Hazard District, a channel or conveyance of surface water having a defined bed and bank, whether natural or artificial, with perennial or intermittent flow.

WOODLAND and FOREST

Those areas of extensive vegetation in which the dominant plants are trees that are indigenous.

YARD

A minimum required open area that lies between the permitted principal or accessory building(s) or structure(s), as specified by the required building setback lines in each district, and the corresponding lot line. Such "yard" shall be unoccupied and unobstructed from the ground upward, except as provided otherwise in Article XVII.

YARD, FRONT

A minimum required yard abutting a street line extending the full width of the lot along the front lot line and extending in depth from the front lot line to the front yard building setback line. In the case of corner lots, "front yards" of the required depth shall be provided along all street lines, except in the A, B and C Residence Districts, where the "front yard" shall be on the short side of the corner lot which abuts the street.

YARD, REAR

A minimum required yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the rear building setback line.

YARD, SIDE

A minimum required yard extending the full length of the lot along a side lot line and extending in depth from the side lot line to the side building setback line.

YARD, SIDE AGGREGATE

The required minimum total width of the two side yards on a single lot.

ZONING HEARING BOARD

A board created under Act 247, the Pennsylvania Municipalities Planning Code,[9] whose functions and duties are set forth in Article XX.

[2] Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

[3] Editor's Note: Said plans are on file in the Township offices.

[4] Editor's Note: The Zoning Map is included at the end of this chapter.

[5] Editor's Note: Said plan is on file in the Township offices.

[6] Editor's Note: Exhibit A is included at the end of this chapter.

[7] Editor's Note: See 53 P.S. § 10708-A.

[8] Editor's Note: See 53 P.S. § 10701-A et seq.

[9] Editor's Note: See 53 P.S. § 10101 et seq.