Unless a contrary intention clearly appears,
the following words and phrases shall have the meanings given in the
following clauses.
A. For the purposes of this chapter, words and terms
used herein shall be interpreted as follows:
(1) Words in the present tense include the future.
(2) The singular includes the plural.
(3) The masculine shall include the feminine and the neuter.
(4) "Person" includes a corporation, partnership unincorporated
association and any other legally recognized entity, as well as an
individual.
(5) "Lot" includes the word "plot" or "parcel."
(6) The term "shall" is mandatory.
(7) The term "may" is permissive.
(8) "Used" or "occupied," as applied to any land or building,
shall also include the words "intended, arranged or designed to be
used or occupied."
(9) "Commission" and the words "Planning Commission" shall
mean the Worcester Township Planning Commission.
(10)
"Supervisors," "Township," "municipality" and
"governing body" shall mean the Board of Supervisors of Worcester
Township.
(11)
"Board" shall mean the Zoning Hearing Board
of Worcester Township.
(12)
"Zoning Ordinance" shall mean the Zoning Ordinance
of Worcester Township.
(13)
"Zoning Map" shall mean the Zoning Map of Worcester
Township.
(14)
"Building" includes "structure" and shall be
construed as if followed by the words "or parts thereof."
B. Any word or term not defined herein shall have the meaning found in Chapter
130, Subdivision and Land Development, should it appear there, or shall have the meaning of common or standard usage.
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY BUILDING
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use of land or a building or other structure on a lot or portion thereof
located on the same lot with such principal use.
ADJUSTED TRACT AREA
The gross tract area minus the constrained land.
[Added 3-22-2006 by Ord. No. 208]
AGE-QUALIFIED RESIDENTIAL COMMUNITY
A residential community consisting of single-family detached
and/or townhouse dwellings in which at least 80% of the occupied units
shall be occupied by no more than four persons, at least one of whom
shall be 55 years of age or older, and up to 20% of the occupied units
may be occupied by no more than four persons, at least one of whom
shall be 45 years of age or older, and which has published and does
adhere to policies and procedures that demonstrate its intent to qualify
for exemption under the federal Fair Housing Act. No persons under
the age of 19 shall occupy a dwelling, except the child of a resident
during summer months or during holidays.
[Added 2-20-2002 by Ord. No. 185; amended 8-7-2010 by Ord. No.
224]
AGRICULTURE
The production of field crops; vegetables; fruits; berries;
herbs; horticultural products, including nursery stock, shrubs, trees,
and flowers; timber and other wood products derived from trees; aquatic
plants and animals; "commercial equine activity" as defined in the
Pennsylvania Agricultural Security Area Law, 3 P.S. § 901-915;
and animals and animal products, but excluding confined animal feeding
operations, piggeries, and slaughter houses.
[Amended 12-15-2010 by Ord. No. 227]
APARTMENT HOUSE
See "dwelling types and dwelling unit types," Subsection
E, "apartment house/garden apartment."
[Amended 8-21-1996 by Ord. No. 150]
BANKFULL FLOW
The point above a waterway which defines the maximum height
of channel flow of a waterway. It is either determined visually or
computed as an elevation using the peak rate of runoff from a two-year
storm event.
[Added 8-19-1998 by Ord. No. 166]
BASE FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
prepared; for purposes of this chapter, the one-hundred-year flood,
as delineated in the Flood Insurance Study, Worcester Township, prepared
by the Federal Insurance Administration, Federal Emergency Management
Agency.
[Amended 12-18-1996 by Ord. No. 155]
BASE FLOOD ELEVATION
The one-hundred-year-flood elevation, as referenced in the
Flood Insurance Study, Worcester Township, prepared by the Federal
Insurance Administration, Federal Emergency Management Agency. Within
the approximated floodplain, the base flood elevation shall be established
as a point on the boundary of the approximated floodplain closest
to the construction site in question.
[Amended 12-18-1996 by Ord. No. 155]
BASEMENT
Any area of the building having its floor subgrade (below
grade level) on all sides.
[Added 12-18-1996 by Ord. No. 155]
BUFFER
An area designed and functioning to separate the elements
and uses of land which abut it, and to ease the transition between
them.
BUFFER SCREEN
A buffer comprised of natural and/or artificial material
arranged in a certain specified depth, height and density to effectively
block the view from one side to another during all seasons of the
year and to reduce the transmission of noise between such sides.
BUILDING
Any structure having enclosing walls and a roof, intended
for supporting or sheltering a use or occupancy and attached to the
land.
BUILDING AREA
The aggregate of the maximum horizontal cross-section areas
of the main and accessory structures taken at their greatest outside
dimensions on the ground floor, including all attached structures
except steps, chimneys, and uncovered porches not projecting more
than 10 feet.
BUILDING COVERAGE
The ratio of the building area on a lot to the developable
area of the lot.
BUILDING ENVELOPE
An established area within a property, consisting of individual
building lines corresponding to each property or street line, outside
of which it shall not be permissible to erect a building or structure.
The "building envelope" shall be determined by the required yards
and required lot width for each respective district.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of a flat or multilevel roof, or, for gable, hip or gambrel
roofs, the mean height between the eaves and the ridge. Chimneys,
spires, towers, mechanical penthouses, tanks and similar projections
not intended for human occupancy shall be excluded.
[Amended 12-15-1999 by Ord. No. 176; 3-22-2006 by Ord. No.
208]
BUILDING LINE
The line established within a lot, measured from the street
ultimate right-of-way and parallel thereto, defining the minimum distance
in which no building may be constructed. In the case of a flag lot,
the building line shall be a line parallel to the street right-of-way
measured from the property interior line nearest the street.
[Added 3-22-2006 by Ord. No. 208]
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is situated.
COMMON FACILITIES
All the real property and improvements, including, without
limitation, landscaped areas, buffers, open space not included within
title lines of any privately owned lot, street rights-of-way not dedicated
to Worcester Township, owned in common by residents within the development
which is served by the facilities.
[Added 3-22-2006 by Ord. No. 208]
COMPREHENSIVE PLAN
The official public document, called "Worcester Township
Comprehensive Plan," consisting of maps, charts and textual matter
that constitutes a policy guide to decisions about the physical and
social development of Worcester Township, adopted April 17, 1996,
as amended from time to time.
[Added 3-22-2006 by Ord. No. 208]
CONDITIONAL USE
A use allowed by the Board of Supervisors after recommendations by the Planning Commission, pursuant to the standards and criteria set forth in this chapter under Article
XXV.
CONSERVATION AREA, PRIMARY
Lands within the one-hundred-year floodplain, wetlands, slopes
in excess of 25%, and Riparian Buffer Zone 1.
[Added 3-22-2006 by Ord. No. 208]
CONSERVATION AREA, SECONDARY
All landscape elements not included in the primary conservation
area. These include:
[Added 3-22-2006 by Ord. No. 208]
A.
Hydric soils, swales, springs, lowland areas
other than wetlands, and Riparian Buffer Zone 2.
B.
Precautionary steep slopes where the grade is
15% to 25%, particularly those adjoining watercourses and ponds, where
disturbance and resulting soil erosion and sedimentation could be
detrimental to water quality.
C.
Healthy woodlands, particularly those performing
important ecological functions such as soil stabilization and protection
of streams, wetlands and wildlife habitats.
D.
Areas where precipitation is most likely to
recharge local groundwater resources because of topographic and soil
conditions affording high rates of infiltration and percolation.
E.
Hedgerows, groups of trees, large individual
trees of botanic significance, and other vegetative features.
F.
Historic structures and sites.
G.
Visually prominent topographic features such
as knolls, hilltops and ridges, and scenic viewsheds as seen from
public roads (particularly those with historic features).
H.
Existing trails connecting the tract to other
locations in the Township.
CONSERVANCY LOT
A large, privately-owned lot, containing an existing dwelling
or farm complex, comprising part of the required open space in a conservation
subdivision. An area of at least one acre surrounding the dwelling
or farm complex is set aside and may not be counted toward the required
minimum open space. The remainder of the conservancy lot is permanently
protected open space. Public access to conservancy lots is not required.
[Added 3-22-2006 by Ord. No. 208]
COUNTRY CLUB
Land area and buildings that contain a golf course(s) and
may contain tennis courts and pools, a clubhouse and/or other customary
accessory uses.
[Added 12-15-1999 by Ord. No. 176]
DAY CAMP
A facility for children with organized and supervised recreational
facilities such as swimming, horseback riding, etc., with no boarding
of patrons.
[Added 12-15-1999 by Ord. No. 176]
DENSITY
The number of dwelling units per developable acre.
DETENTION BASIN
An area of land designed and constructed as a part of a stormwater
management system which shall catch water and delay its discharge
for a period of time. The limits of the detention basin shall be measured
from the highest elevation of the structure.
DEVELOPABLE AREA
All land within the lot lines except that located within
the ultimate right-of-way of public roads, right-of-way of overhead
utility lines, existing easements, floodplains, wetlands and land
continuously covered with water.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or the storage of equipment or materials.
[Added 12-18-1996 by Ord. No. 155]
DWELLING
A building consisting of one or more dwelling units that
is designed and occupied principally for residential purposes. The
dwelling shall be constructed in accordance with the Worcester Township
Building Code and other ordinances of Worcester Township.
DWELLING TYPES AND DWELLING UNIT TYPES
Included within this definition are all dwelling and dwelling
unit types without regard to tenure.
A.
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
B.
MULTIFAMILY DWELLINGA building consisting of two or more dwelling units, with each unit to be used, intended to be used or capable of being used exclusively as a residence for one family, and with all units being separated by party walls.
C.
MOBILE DWELLINGA single-family dwelling 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 arrived at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operation, and constructed so that it may be used without a permanent foundation.
D.
APARTMENTA dwelling unit within a multifamily dwelling or within a building containing some other principal use.
E.
APARTMENT HOUSE/GARDEN APARTMENTA multifamily dwelling containing two or more apartments, customarily but not necessarily arranged in a stacking fashion. A basement in an apartment house/garden apartment shall not contain habitable rooms.
F.
TOWNHOUSE/ROWHOUSEA dwelling unit within a multifamily dwelling attached to one or more other similar dwelling units, all units having separate entrances, and all units being separated from each other by party walls constructed in accordance with the Worcester Township Building Code and other ordinances of Worcester Township.
DWELLING UNIT
A room or group of rooms within a building used, intended
to be used or capable of being used as a complete housekeeping facility
for one family, providing living, sleeping, cooking, dining and sanitary
facilities. The unit shall be constructed in accordance with the Worcester
Township Building Code and other ordinances of Worcester Township.
EFFECTIVE DATE OF THE ORDINANCE
The date upon which this ordinance officially comes into
effect, except that with respect to the subject matter of any amendment,
said date shall mean the date upon which the particular amendment
became or becomes effective.
[Added 3-22-2006 by Ord. No. 208]
FAMILY
Any number of individuals living together as a single, nonprofit
housekeeping unit and doing their cooking on the premises, provided
that not more than two of such number are unrelated to all others
by blood, marriage or legal adoption. As a special exception, the
Zoning Hearing Board may interpret the term "family" to include:
A.
A group of individuals, not exceeding four,
not related by blood, marriage or legal adoption, living and cooking
together as a single housekeeping unit; or
B.
Any number of individuals living together, when
all individuals are related by blood, marriage or legal adoption,
as two nonprofit housekeeping units and doing separate cooking on
the premises, provided that one of the housekeeping units shall contain
only one member who has attained the age of 60 years, and provided
that the owner of the property executes an agreement with the Township
which shall be recorded with the Recorder of Deeds of Montgomery County
and which provides for the immediate removal of separate cooking facilities
at such time as they are no longer being utilized by the person for
whom they were originally installed. All provisions of the Worcester
Township Building Code, specifically as they pertain to multifamily dwellings,
must be met.
FARM MARKET
A booth, stall or building located on a farm from which produce,
plants, dairy products and farm products grown or produced on the
site are sold to the general public.
[Added 12-15-1999 by Ord. No. 176]
FLAG LOT
Any single-family, detached residential dwelling lot which
has a lot width of less than 50 feet at any point between the building
envelope for the lot and the street on which the lot proposes to obtain
its access.
[Amended 4-17-1996 by Ord. No. 146]
FLOODPLAIN
That area defined in Article
XX of this chapter as the Floodplain Conservation District. The floodplain definition contained therein shall be considered the definition for floodplain for all purposes and uses of this chapter.
FLOOR AREA RATIO
The numerical value obtained by dividing the floor area within
a building or buildings on a lot by the lot area of such lot.
[Added 11-20-2013 by Ord. No. 245]
FOOTPRINT LOT
A lot containing one townhouse dwelling unit, the lot lines
of which are coextensive with the exterior of the dwelling unit perimeter
foundation walls and the center line of common walls between dwelling
units.
[Added 4-17-1996 by Ord. No. 146]
FOOTPRINT LOT TOWNHOUSE DEVELOPMENT
The use of a parcel of land for a townhouse development with
each individual townhouse dwelling unit on a footprint lot. In a footprint
lot townhouse development, the term "lot" within the definition of
"yard" below, § 150-57F, Multifamily dwellings, §
150-154, Location of off-street parking, §
150-178, Frontage, §
150-195, Private ownership of roads, and §
150-196, Corner lots, shall mean and refer to the overall footprint lot townhouse development parcel and not to any individual footprint lot within the townhouse development. In addition, the term "property lines" within §
150-204 shall mean and refer to the overall footprint lot townhouse development parcel property lines and not to the property lines of any individual footprint lot within the footprint lot townhouse development.
[Added 4-17-1996 by Ord. No. 146]
GARAGE
Includes all principal and accessory use garages.
[Amended 7-21-2004 by Ord. No. 201]
A.
PRIVATEA private garage is a one-story building used for the storage of automobiles or trucks owned and used by the owner, tenant or employees of the owner of the lot on which it is erected for a purpose accessory to the use of the lot.
B.
PUBLICA public garage is a building, other than a private garage, one or more stories in height, used for storage, repair and/or sale of automobiles, trucks or other commercial vehicles.
C.
ATTACHEDAn attached garage shall mean a garage that shares a common wall with a principal building for a minimum of eight feet. All other garages shall be deemed detached.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of gasoline or other motor
vehicle fuel or accessories and which may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
which shall not include painting or body and fender repairs.
HAZARDOUS SUBSTANCE
All substances listed as hazardous by the Pennsylvania Department
of Environmental Resources, the Pennsylvania Department of Labor and
Industry and the United States Environmental Protection Agency pursuant
to the various definitions and regulations in place and as amended
from time to time; and all substances as defined in the Worcester
Township Hazardous Substance Ordinance.
HISTORIC STRUCTURE
Any structure that is:
[Added 12-18-1996 by Ord. No. 155]
A.
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;
B.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
C.
Individually listed on a State Inventory of
Historic Places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
D.
Individually listed on a Local Inventory of
Historic Places in communities with historic preservation programs
that have been certified either by an approved state program as determined
by Secretary of the Interior; or directly by the Secretary of the
Interior in states without approved programs.
HOME OCCUPATION
An accessory use permitted only in a single-family detached residential use and limited to the professional office or studio of a physician, dentist, teacher, artist, engineer, musician, architect, lawyer, outside salesperson or similar professional practitioner or rooms utilized for occupations such as dressmaking, millinery or similar handicrafts, and specifically excluding any business, clinic, animal hospital, barber or beauty shop, personal service shop or tea room. "Home occupations" shall be governed by the standards set forth in Article
XXIV, General Regulations.
HOMEOWNERS' ASSOCIATION
A nonprofit organization comprised of homeowners or property
owners, planned and operated under negotiated and approved rules and
regulations, for the purpose of administering the needs of residents
through the maintenance of community-owned property. This term is
synonymous with property-owners association or community association.
[Added 3-22-2006 by Ord. No. 208]
HOTEL
A building used for the purpose of furnishing for compensation
more or less temporary lodging to the public, with or without meals,
and having lodging accommodations for 10 or more persons.
IMPERVIOUS COVERAGE
The ratio of the area of all portions of a lot covered in
any way so as to not allow the ground beneath to absorb water at the
natural rate of sodded land, to the developable area of the lot.
INVASIVE PLANT SPECIES
Predominantly nonnative, nonindigenous, alien tree, shrub,
vine, or herbaceous species that grow or reproduce aggressively, usually
because they have few or no natural predators, and which can so dominate
an ecosystem that they kill off or drive out many indigenous plant
or animal species. A list of invasive plant species, for the purposes
of this chapter, may be obtained at the Worcester Township Building
and is also available at www.dcnr.state.pa.us/forestry/wildplant/invasive.aspx.
[Added 3-22-2006 by Ord. No. 208]
JUNKYARD
A lot, land or structure or part thereof used primarily for
the collection, recycling, storage and sale of wastepaper, rags, scrap
metal or discarded material; or for the collection, dismantling, storage
and salvaging of machinery of vehicles not in running condition, and
for the sale of parts thereof.
LOADING SPACE
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.
LOT
A parcel of land which may be used only in accordance with
the terms of this chapter.
LOT AREA
The total horizontal area of the lot which remains after
subtracting the area of the exclusions set forth in the definition
of "lot area calculation" below.
[Amended 3-22-2006 by Ord. No. 208]
LOT AREA CALCULATION
In calculating the lot area for the minimum required size
in all residential zoning districts, the following shall be excluded:
[Amended 9-17-1997 by Ord. No. 153]
A.
Any area within a floodplain, wetlands, land
continuously covered with water or land within any water of the commonwealth.
Any area within 25 feet of unfilled wetlands.
[Amended 8-19-1998 by Ord. No. 166]
B.
The access strip of a leg or flag lot.
C.
Any access portion of a lot with a width dimension
of less than 70 feet. This does not apply to lots in conservation
subdivisions.
[Amended 3-22-2006 by Ord. No. 208]
D.
The area within the ultimate right-of-way of
any preexisting or proposed road (whether public or private).
[Amended 3-22-2006 by Ord. No. 208]
E.
The easement or right-of-way area associated
with overhead utility lines or underground high pressure gas transmission
lines.
F.
All steep slope areas with a slope greater than
25% and 1/2 of steep slope areas with a slope of 15% to 25%.
[Added 8-19-1998 by Ord. No. 166; amended 3-22-2006 by Ord. No.
208]
LOT LINE
A property boundary line of any lot held in single or joint
ownership, except that in the case of any lot abutting a street, the
lot line for such portion of the lot that abuts the street shall be
deemed to be the same as the street line and shall not be the center
line of the street, or any other line within the street even though
such may be the property boundary line.
LOT WIDTH
The frontage dimension of a lot measured at the building
line.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter.
[Added 12-18-1996 by Ord. No. 155]
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
[Added 8-21-1996 by Ord. No. 150]
MOBILE HOME DEVELOPMENT
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
MOBILE HOME LOT
A parcel of land in a mobile home development, constructed
with the necessary utility connections, patio and other appurtenances
necessary for the erection thereon of a single mobile home, and the
exclusive use of its occupants.
MOBILE HOME STAND
That part of an individual lot which has been reserved and
prepared for the placement of the mobile home.
MOTOR COURT OR MOTEL
A building and/or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate entrances
provided directly or closely in connection with automobile parking
or storage space serving such rooms or apartments, which building
or group of buildings is designed, intended or used principally for
the providing of sleeping accommodations for automobile travelers
on a short-term basis and is suitable for occupancy at all seasons
of the year.
MUNICIPAL USE
The use of property by Worcester Township for any purpose
authorized by the Second Class Township Code (or any successor code delineating the powers of Worcester
Township) and specifically including the rental of Township property
to a third party for the erection of a radio or cellular telephone
tower which may also be utilized by the Township for police and emergency
response communications.
[Amended 9-15-1993 by Ord. No. 133]
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 8-17-2011 by Ord. No. 230]
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
NONCONFORMITY[Amended 8-21-1996 by Ord. No.
150]
A.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
B.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
ONE-HUNDRED-YEAR FLOOD
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in one year; for the purposes of this
chapter, the one-hundred-year flood (base flood) as defined by the
Federal Insurance Administration, Federal Emergency Management Agency.
[Amended 12-18-1996 by Ord. No. 155]
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 and enjoyment by the residents of such development and
possibly the general public. Open space shall be substantially free
of structures, but may contain such improvements as are in the finally
approved development plan, and shall not include individually owned
private yards, except in the case of approved conservancy lots, streets,
and off-street parking areas unless provided in conjunction with a
recreational facility. Open space shall be permanently restricted
against further development and shall be specifically so designated
on the record plan.
[Amended 3-22-2006 by Ord. No. 208]
OPEN SPACE, COMMON
A parcel or parcels of land, an area of water or a combination
of land and water within a developed site, not including streets,
stormwater facilities, off-street parking areas or areas set aside
for public facilities, designed and intended for the use and/or enjoyment
of such development's residents and/or other Township residents. The
space must be substantially free of structures, but may contain such
improvements, appropriate for residents' recreation, as are in the
applicable subdivision or land development plan as finally approved.
OPEN SPACE PLAN
The Worcester Township Open Space Plan adopted August 16,
1995, as amended from time to time.
[Added 3-22-2006 by Ord. No. 208]
PARKING SPACE
A reasonably level space, available for the parking of one
motor vehicle, not less than nine feet wide and not less than 19 feet
in length, exclusive of passageways or other means of circulation
or access.
PARKING SPACE, ALL-WEATHER
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
PLACE OF RELIGIOUS WORSHIP
A building or structure, or a group of buildings or structures,
that are primarily used for organized religious services.
[Added 12-15-1999 by Ord. No. 176]
PRIVATE SPORTS COURT
A hard-surfaced outdoor area accessory to a dwelling used
for playing sports, including, but not limited to, basketball, hockey
and similar sports played on a court.
[Added 12-15-2010 by Ord. No. 227]
REFORESTATION
The process of creating woodlands with three distinct layers
of vegetation: canopy trees, understory shrubs or trees and herbaceous
groundcover plants.
[Added 8-19-1998 by Ord. No. 166]
RESIDENTIAL LIFE CARE FACILITY
A residential development that is restricted to persons age
65 and greater, or in the case of a couple where at least one of the
persons is age 65 and greater, and that provides a complete and uninterrupted
continuum of accommodations and care, from independent living units
to personal care units to nursing homes, and where every resident
possesses the right to move from one housing type to another housing
type in order to "age in place," and to receive the medical and other
care needed to properly meet that resident's physical, psychological
or other requirements. An "independent living unit" is a dwelling
unit located within a residential life care facility. All units and
facilities in the residential development shall give priority to those
residents of the residential development as to levels of care. A residential
life-care facility includes a continuing care facility as defined
and regulated by the Continuing Care Provider Registration and Disclosure
Act and regulations set forth in the Pennsylvania Code. A
nursing home is defined and regulated by the Nursing Home Administrators
License Act.
[Added 12-15-1999 by Ord. No. 176; amended 5-16-2018 by Ord. No. 277]
RIPARIAN AREA
Land adjacent to a stream, lake, pond or other waterway.
Riparian areas form the transition between the aquatic and the terrestrial
environment.
[Added 8-19-1998 by Ord. No. 166]
ROOMING HOUSE; TOURIST HOME
A dwelling, not a single-family or multifamily dwelling,
providing lodging, with or without meals, and having accommodations
for more than two guests. This term shall include fraternity house,
lodge, residential club or boardinghouse.
SATELLITE EARTH STATION
A combination of an antenna or dish, the purpose of which
is to receive communication or other signals from orbiting satellites
or other extraterrestrial sources; a low noise amplifier which is
situated at the focal point of the antenna and the purpose of which
is to magnify and transfer signals; and a coaxial cable, the purpose
of which is to carry the signals into the interior of the building;
commonly referred to as "dish antenna."
SATELLITE EARTH STATION HEIGHT
The height of the antenna or dish measured vertically from
the highest point of the antenna or dish, when positioned for operation,
to the bottom of the base which supports the antenna or dish.
SELECTION CUTTING
A method of removing small groups of trees scattered throughout
a woodland in order to retain the biodiversity of the woodland while
allowing limited harvesting of trees.
[Added 8-19-1998 by Ord. No. 166]
SEWAGE DISPOSAL SYSTEM
[Added 3-22-2006 by Ord. No. 208]
A.
INDIVIDUALThe private sewage disposal system of one dwelling unit by safe and healthful means, as approved by the Montgomery County Health Department.
B.
CENTRAL/COMMUNITY COLLECTION AND TREATMENT (CENTRALIZED)A sanitary sewage system which carries sewage from individual dischargers by a system of pipes to one or more common treatment and disposal facilities, either on-site or off-site, and approved by the Pennsylvania Department of Environmental Protection.
SIGN
An object, device, display or structure used to bring the
subject thereof to the attention of the public or to display, identify,
or publicize said subject.
[Amended 10-17-2007 by Ord. No. 220; 9-19-2012 by Ord. No. 237; 5-15-2013 by Ord. No. 244]
A.
OFF-PREMISES SIGNA sign which directs attention to a business, commodity, service, entertainment or facility not located, conducted, sold or offered upon the premises where such sign is located and is 25 square feet or less in area (except for billboards, as defined below).
B.
DIRECTIONAL SIGNA sign, either temporary or permanent, containing no advertising which is located in the interior of the property and which serves as a convenience to the public to control the direction of traffic or to denote private residential uses to which no public access is allowed. Such signs shall not exceed two square feet in area and four feet in height and may not be illuminated, but may use reflective material.
C.
INTERIOR SIGNA sign painted on or affixed to a window or door, including neon signs; any sign located in the interior of a building or structure and visible solely or primarily from the outside of the building or structure.
D.
MOVABLE SIGNAny sign which is not fixed to a permanent supporting structure or building or which is capable of being moved from one location to another, including trailer signs, tent signs, banners, flags, inflatables, and sandwich boards.
E.
NEON SIGNAny sign constructed of glass tubes filled with neon gas which form words and/or logos used in advertising.
F.
TEMPORARY SIGNA sign erected for a limited period of time. Such sign must be otherwise permitted in the district and must conform to all size, height, location, and time period restrictions in this chapter.
[Amended 5-16-2018 by Ord. No. 276]
G.
BILLBOARDAn off-premises sign 25 square feet or larger which may only be located as set forth in §
150-151 below and which shall be subject to all of the conditions and restrictions set forth in that section.
SINGLE-FAMILY DETACHED DWELLING
A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building. A single-family detached dwelling on a lot in a conservation subdivision under §
150-110.3C shall also include the concept of accessory dwellings if permitted by that section.
[Added 3-22-2006 by Ord. No. 208]
SPECIAL EXCEPTION
Permission or approval granted by the Zoning Hearing Board of Worcester Township in accordance with Article
XXVI thereof, in situations where provision therefore is made by the terms of this chapter.
SPECIAL NEEDS CAMP, SCHOOL/DEVELOPMENTAL CENTER
Any premises operated for profit or not for profit that provides
educational, vocational, recreational, social, cultural, health or
like services or programs primarily for persons with intellectual,
physical and/or developmental disabilities. An intellectual disability
is a disability characterized by varying limitations in both intellectual
functioning and adaptive behavior, impacting one or more social or
practical ability, and a developmental disability is a disability
characterized by impaired physical or cognitive functioning, impacting
one or more physical, learning, language, or behavioral ability.
[Added 2-16-2022 by Ord.
No. 288]
STEEP SLOPE AREA
An area with slopes of 10% or greater.
[Added 8-19-1998 by Ord. No. 166]
STEEP SLOPES
[Added 3-22-2006 by Ord. No. 208]
A.
Those areas of land where the average grade
is 15% or greater. For the purposes of this chapter, steep slopes
are divided into two categories:
(1)
Precautionary slopes are those steep slope areas
where the average grade is 15% to 25%.
(2)
Prohibitive slopes are those steep slope areas
where the average grade is 25% or greater.
B.
Slope shall be measured as the change in elevation
over the horizontal distance between consecutive contour lines. Slope
shall be measured over three, two-foot contour intervals (six cumulative
vertical feet of slope). All slope measurements shall be determined
by a topographic survey signed and sealed by a registered surveyor
or engineer licensed to practice in the Commonwealth of Pennsylvania.
STREET
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
[Amended 8-21-1996 by Ord. No. 150]
STREET LINE
The dividing line between a lot and the outside boundary
or ultimate right-of-way line of a public street, road or highway
legally opened or officially plotted or between a lot and a privately
owned street, road or way over which the owners or tenants of two
or more lots each held in single and separate ownership have the right-of-way.
STRUCTURAL ALTERATION
Any change in or addition to the supporting or structural
members of a building, such as the bearing walls, partitions, columns,
beams or girders, or any change which would convert an existing building
into a different structure or adapt it to a different use or which,
in the case of a nonconforming use, would prolong the life of such
use.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 12-18-1996 by Ord. No. 155]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which 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, as defined herein, regardless of the actual repair
work performed. The term does not, however, include either:
[Added 12-18-1996 by Ord. No. 155]
A.
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; or
B.
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
TENURE
The legal basis of occupancy of a unit, including fee simple,
tenancy, condominium and cooperative forms of ownership.
TRACT
A lot that is the subject of a land development or subdivision
application, a lot that has been the subject of a land development
or a lot that existed prior to a subdivision. The gross tract area
shall consist of the total acreage within the lot lines.
[Added 9-17-1997 by Ord. No. 153]
TRACT AREA OR SIZE, GROSS
The total amount of land contained within the limits of the
legally described property lines bounding the tract.
[Added 3-22-2006 by Ord. No. 208]
TRAILER PARK
Any land used or designated to be used as parking space for
more than one house trailer.
ULTIMATE RIGHT-OF-WAY
The future or planned width of a highway in the public domain
as shown on the official Ultimate Right-of-Way Map on file at the
office of the Township Secretary.
VARIANCE
Permission or approval granted by the Zoning Hearing Board of Worcester Township in accordance with Article
XXVI hereof, constituting a modification of or deviation from the provisions of this chapter as applied to a specific real property or portions of the same.
WATERWAY
A stream, creek, river, pond, lake or other watercourse or
waterbody.
[Added 8-19-1998 by Ord. No. 166]
WETLANDS
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas.
[Added 8-19-1998 by Ord. No. 166]
YARD
An open unoccupied space on the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky, except for public utility lines or facilities, landscaping
and parking as restricted by the applicable zoning district.
A.
FRONT YARDA yard extending the full width of the lot along the street line and extending in depth from the street line to the nearest point of any structure on the lot.
B.
REAR YARDA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot.
C.
SIDE YARDA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any structure on the lot.