Unless otherwise expressly stated or the context clearly indicates another meaning, the following words and phrases shall be construed throughout this chapter so that:
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 the neuter; the word "used" includes the words designed or arranged; the work "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; the word "may" is always permissive and the word "will" is always directory. The words "as amended" 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 Middletown Township, Delaware County, Pennsylvania; the term "Township Council" means the Township Council of Middletown Township; the term "Planning Commission" means the Planning Commission of the Township; and the term "Zoning Hearing Board" means the Zoning Hearing Board of the 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.
[Amended 7-24-1989 by Ord. No. 448; 1-8-1990 by Ord. No. 461; 7-23-1990 by Ord. No. 470; 4-27-1992 by Ord. No. 506; 10-25-1993 by Ord. No. 527; 6-27-1994 by Ord. No. 542; 7-24-1995 by Ord. No. 554; 8-14-1995 by Ord. No. 556; 6-25-2001 by Ord. No. 612; 8-28-2000 by Ord. No. 605]
A. 
In this chapter, words, terms and phrases shall have the following meanings:
ABANDONMENT
The cessation of a use of a property (land and/or structures) by the owner, with the intention of neither resuming the use or transferring rights to the property to another who will so use the property.
ABUTTING OWNER
The owner of record of a parcel of land which is contiguous at any point to the parcel in question or which is contiguous to a section of road or street (public or private) on which the subject parcel has frontage, i.e., a lot across from the subject parcel.
ACCESSORY BUILDING or ACCESSORY STRUCTURE
Any building or other structure subordinate to and separate from the principal permitted building or other structure on the lot and designed and used for purposes which are accessory to the principal permitted use of the lot, including but not limited to buildings, sheds, garages, stables, swimming pools and tennis courts. "Accessory buildings or accessory structures" shall be divided into three classes or classifications, as follows:
(1) 
Class A accessory building or accessory structure: an "accessory building or accessory structure" which has a floor area of 240 square feet or less and a height of 14 feet or less, and which does not exceed one story.
(2) 
Class B accessory building or accessory structure: an "accessory building or accessory structure" which has a floor area of more than 240 square feet and/or a height of more than 14 feet and/or which exceeds one story.
(3) 
Class C accessory building or accessory structure: an "accessory building or accessory structure" which is not a Class A or Class B accessory building or accessory structure, including but not limited to hot tubs, spas, swimming pools, fences, walls and communication structures such as ham radio antennas.
ACCESSORY USE
A use which is clearly incidental to and customarily conducted in connection with the particular use of the parcel and on the same lot as a principal use.
ACCESSWAY
In the context of an interior lot, that narrow portion of the lot, the width of which is regulated by Section 3003J,[1] on which the driveway is situated to provide a means of ingress and egress for the dwelling located on the balance of the lot to the street or road. An accessway may, but need not, contain a shared drive to provide ingress and egress for adjacent interior lots.
ADVERSE EFFECTS
Results contributing to a harmful or degraded condition and/or producing an unfavorable result, such as environmental harm or degradation. Adverse effects may include: a negative impact on surrounding land uses; negative impacts which are contrary to the Comprehensive Plan and the intent of this chapter; and negative impacts which may create a threat to the public health, safety and general welfare.
AGRICULTURAL USE; AGRICULTURE
A principal use involving the cultivating of the soil, the raising and keeping 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
An improved right-of-way or easement providing secondary vehicular access to the side or rear of two or more lots. It may be public or private and is not intended for through traffic use. Its primary function is to provide access to the side or rear of the abutting 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 any sources, near and far.
ANCHOR STORE
A building within the B-2 Major Shopping Center Zoning District occupying 100,000 square feet or greater gross floor area, such as a department store or supermarket, which is prominently located in a shopping mall to attract customers who are then expected to patronize the other shops in the mall.
[Added 5-24-2010 by Ord. No. 713]
ANTIQUE CAR
Cars for which a current antique or classic license plate has been issued by the State of Pennsylvania.
APPLICANT
A landowner or developer, including heirs, successors, assigns and grantees, who has filed an application for subdivision and/or land development, as hereinafter defined, or an application for a special exception, variance or conditional use.
A-WEIGHTED SOUND LEVEL
The sound pressure level, in decibels, as measured on a sound level meter using the A-weighted network. The level so read is designated dB(A).
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
[Added 11-8-2010 by Ord. No. 715]
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH and A1 to 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 11-8-2010 by Ord. No. 715]
BASEMENT
For Pennsylvania Uniform Construction Code (PA UCC) purposes, "basement" shall be held to mean that portion of a building partly or completely below grade; for floodplain management purposes, "basement" shall be held to mean any area of the building having its floor below ground level on all sides; for Zoning Code purposes, "basement" shall be considered a story for the purpose of height measurement if the basement ceiling is five feet or more above the average ground level around the building.
[Amended 11-8-2010 by Ord. No. 715]
BENEFICIAL EFFECTS
Results contributing to an improvement in condition and/or producing a favorable result such as making a use more compatible with the intent of this chapter and the goals of the Comprehensive Plan and promoting the public health, safety and general welfare.
BILLBOARD
A structure erected, operated and maintained as the principal commercial use on a lot for the purpose of advertising a product, activity or business not conducted on the lot.
[Added 9-14-2009 by Ord. No. 707]
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
A pervious area with natural ground cover which does not contain any structures, except for those permitted by § 275-213 of this chapter, and which is landscaped and maintained as required by Article XXXIV of this chapter. The width of the buffer area shall be as provided in the applicable zoning district regulations. The buffer area shall be measured from the street line for that portion of a lot abutting a street and from the lot line for those portions of a lot which do not abut a street.
[Added 8-28-2000 by Ord. No. 605]
BUFFER PLANTING STRIP
A strip of land within the required buffer area which is landscaped with trees and shrubs and maintained as required by this chapter and in a manner as required in Article XXXIV, Special Provisions, and the applicable district regulations.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING AREA
The net lot area after subtracting the area of the accessway.
BUILDING COVERAGE
The coverage of the lot area by buildings.
BUILDING LINE
The line parallel to the street line at a distance therefrom equal to the depth of the required front yard.
BUILDING SETBACK LINE, FRONT YARD
The line normally parallel to the public or private street right-of-way line at a distance equal to the minimum depth of the required front yard. All yards adjacent to a public or private street right-of-way normally shall be considered front yards. However, in the case of an interior lot, such setback line shall coincide with the front lot line.
BUILDING SETBACK LINE, REAR YARD
The line normally parallel to the front lot line and equal to the required minimum depth of the rear yard.
BUILDING SETBACK LINE, SIDE YARD
The line normally parallel to the front lot line and equal to the required minimum depth of the rear yard.
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; and at a point six inches from the ground surface at the center of the base of the tree for all trees to be planted.
[Added 11-8-2004 by Ord. No. 658]
CAMPUS MIXED USE DEVELOPMENT
A combination of single-family attached dwellings and related community-related business uses built and maintained according to regulations of § 275-38.1.
[Added 12-23-2013 by Ord. No. 744]
CAMPUS MIXED USE DEVELOPMENT TRACT
One or more contiguous lots assembled for the purpose of development in accordance with the regulations of a campus mixed use development.
[Added 12-23-2013 by Ord. No. 744]
CAMPUS-TYPE SETTING
A unified development whereby buildings are grouped together around open space areas in the form of greens, parks, quadrangles, plazas, squares and other public/pedestrian gathering areas, and complies with the design and development standards of § 275-38.1E and F.
[Added 12-23-2013 by Ord. No. 744]
CANOPY STRUCTURE
A structure or portion thereof with a roof, but no outer walls, providing cover for that portion of a lot upon which there are motor vehicle fueling positions for the dispensing of motor vehicle fuel.
[Added 11-8-2004 by Ord. No. 658]
CARTWAY
The minimum paved area of a public or private street within which vehicles are permitted, including travel lanes, but not including shoulders, curbs, gutters, sidewalks or drainage swales.
CENTER LINE, STREET
A line in the center of a street which is equidistant from and parallel to the street lines.
CHARITABLE USE
A use conducted by a nonprofit organization, as a service to the general public or to a significant portion of the public, for no fee or at a fee which is less than would be charged by a profit-making organization.
CHURCH
A building or group of buildings including customary accessory buildings, designed or intended for organized religious services. The word "church" includes chapels, cathedrals and temples.
CLEAR CUTTING
The felling of all trees on a tract of land or any portion thereof at one time.
CLUB or LODGE
A social, professional or philanthropic organization characterized by the payment or dues, regular meetings and a constitution and bylaws. A building is used for a club or lodge purposes when it serves as a meeting place for such organization and is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place, although it may be used for recreational and/or dining facilities for the membership and their guests.
COMMERCIAL SECTION
The area within a campus mixed use development designated for community-related business uses.
[Added 12-23-2013 by Ord. No. 744]
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a land development or subdivision, designed and intended for the use or enjoyment of residents or occupants thereof, not including streets, off-street parking areas and areas set aside for public facilities. (See Article XXXV and "designated open space.")
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.
[Added 9-14-1998 by Ord. No. 588]
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
[Added 9-14-1998 by Ord. No. 588]
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
[Added 9-14-1998 by Ord. No. 588]
COMMUNITY CENTER
A facility operated principally by a nonprofit entity and used as a community center and for community-based activities, that includes, but is not limited to, facilities for community meetings, gatherings and conferences, child-care facilities, gymnasiums, exercise facilities, swimming pool, locker rooms, tracks, playing fields for various sports, recreational facilities and such other accessory facilities and uses as are normal and customary for a community center.
[Added 2-23-1998 by Ord. No. 582]
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 and postal services.
COMMUNITY-RELATED BUSINESS USES
Commercial uses enumerated in § 275-38.1B(2) that are part of a campus mixed use development in the R-4 District.
[Added 12-23-2013 by Ord. No. 744]
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.
[Added 12-14-2009 by Ord. No. 709]
COMPREHENSIVE PLAN
The Middletown Township Plan, as may be amended from time to time, including maps, tables and text which constitute a policy guide for decisions regarding land use, circulation, community facilities and utilities within the Township.
CONDITIONAL USE
A use which may be approved or denied by the Township Council after recommendation by the Planning Commission, when in compliance with all applicable standards and criteria set forth in this chapter.
CONSTRUCTION OPERATION OR ACTIVITY
The erection, repair, renovation, demolition, removal, rehabilitation or other work performed for, to, on or with regard to any building or structure; including the excavation, filling and grading of lots in connection therewith or in preparation thereof.
CONTINUING CARE RETIREMENT COMMUNITY
A development that provides a continuum of accommodations and care for senior persons, including a combination of independent living units, personal care units, a skilled nursing facility and accessory uses.
[Added 12-13-2004 by Ord. No. 659]
CONTINUOUS VISUAL BUFFER
A visually impenetrable screen created with plant materials, fencing, walls and/or earthen berms.
CONVENIENCE STORE
A retail store of not less than 3,000 square feet or more than 8,000 square feet of gross floor area for the sale of food and beverages for off-premises consumption, personal care items and other similar items and which may include an ATM banking machine.
[Added 11-8-2004 by Ord. No. 658]
CUL-DE-SAC
A street having vehicular access to and from the public street system at one end and terminating in a circular vehicular turnaround at the other end. Such street provides access to abutting properties but is not or may not be intended to provide traffic circulation through a tract.
CULTURAL, RELIGIOUS OR CHARITABLE USE
See "cultural use, religious use and/or charitable use."
CULTURAL USE
A use which promotes art, music, science and history in the form of a museum, botanical garden or like facility.
DAY-CARE CENTER
Any premises in which child day care is provided for children who are not relatives of the operator, including nursery schools.
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.
DENSITY
Unless otherwise provided, the term "density" means gross density, which is determined by dividing the total number of dwelling units by the total amount of land in the tract minus all land within the rights-of-way or easements of streets or utilities.
DESIGNATED OPEN SPACE
Areas, identified on an applicant's plan, which will be limited to open space use in perpetuity.
DEVELOPER
Any landowner, equitable owner or authorized agent of such landowner or tenant with permission of the landowner who formally proposes or makes, or causes to be made, a subdivision, land development or any other development.
DEVELOPMENT
Any man-made change to improved or unimproved land, 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.
[Amended 11-8-2010 by Ord. No. 715]
DEVELOPMENT PLAN
The documents and maps and other graphics outlining a proposal for development of a planned residential development, prepared in accordance with this chapter, 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.
DWELLING
A building designed for residential use by a family or occupied as a residence of a family.
DWELLING, MULTIFAMILY
A building designed for and occupied exclusively as a residence for two or more households living independently of each another.
(1) 
APARTMENTSA multifamily dwelling, where individual dwelling units share a common outside access and share a common yard area. Apartments or garden apartments contain three or more dwelling units in a single structure, and each individual apartment, i.e., having a minimum total floor area of 600 square feet.
(2) 
RETIREMENT RESIDENCEA dwelling or group of dwellings specifically designed for retired or elderly persons. Retirement dwellings may be of any dwelling type defined, but are only allowed in accordance with the specific terms and conditions of this chapter.
DWELLING, SINGLE-FAMILY ATTACHED
A dwelling with party walls separating two or more single-family dwelling units including duplex, quadruplex, multiplex and townhouse buildings.
(1) 
DUPLEX OR TWIN HOUSEA single-family, semidetached dwelling having two individual dwelling units separated by one common party wall from ground to roof with no communicating openings.
(2) 
MULTIPLEXAn attached dwelling in a building with more than two dwelling units where each dwelling unit has independent outside access. Such dwelling units may be arranged in a variety of configurations such as side by side, back to back or vertically and may involve a quadruplex configuration, where four dwelling units are attached in a structure or group.
(3) 
TOWNHOUSEA single-family, attached dwelling within a building with more than two other single-family attached dwelling separated by any portion of the one or two unpierced party walls from ground to roof.
DWELLING, 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 garage is structurally attached to such building, it shall be considered a part of the dwelling.
(1) 
MOBILE HOMEA 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 Article XX, so that it may be used without a permanent foundation, but with the same, or equivalent, electrical, plumbing and sanitary facility as for a conventional single-family detached dwelling. A mobile home shall include any addition or accessory structure such as porches, sheds, decks or additional rooms, which is attached to it. For the purpose of floodplain management, the words "mobile home" shall be replaced with the words "manufactured home" within any delineated floodplain area.
DWELLING UNIT
A dwelling or portion thereof, forming a single habitable unit with a private access and facilities which are used or intended to be used for living, sleeping, cooking and eating exclusively by one family.
EASEMENT
The right to use or prevent use of another's land for a particular purpose.
ELECTRICAL CHANGEABLE COPY DISPLAY
The portion of a sign whose message copy or content can be changed by means of remote through an electrically energized, on-off switching combination of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices from an internal light source.
[Added 3-25-2013 by Ord. No. 737]
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical or mental trauma to persons or significant property damage, typically unforeseen and sudden in nature.
EMERGENCY WORK
Any work performed for the purpose of preventing or mitigating the physical/mental trauma or property damage threatened or caused by an emergency.
ENLARGEMENT
An addition to the floor area or increase in size of an existing structure, an increase in the area of a parcel which is occupied by an existing use, or an increase in the intensity of a use as a result of increased parking, traffic generation or alternate sewage disposal system or other impacts on surrounding land uses, existing or zoned.
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 XXXIII 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 chapter.
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.
[Added 12-14-2009 by Ord. No. 709]
FAMILY
One or more individual living together in a dwelling unit as a single, nonprofit housekeeping unit, i.e., a household; excluding occupants of a club, fraternity house, lodge, or rooming house, or group quarters not owned or leased by the individuals.
FILL
Material, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of the land.
FLAG FRONT LINE
A line which is parallel to the public street from which a flag lot gains access; extends the full width of such flag lot; and intersects the point nearest such public street at which the flag lot first achieves a width equal to 75% of the applicable lot width requirement.
[Added 7-13-2020 by Ord. No. 817]
FLOOD
Stormwater that temporarily inundates land areas not normally covered by water.
FLOOD FRINGE
That portion of the floodplain of the one-hundred-year flood which is outside the floodway.
FLOOD HAZARD AREA
Those areas as described in Article XXIX and delineated on the Floodplain Conservation District Map.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
[Added 11-8-2010 by Ord. No. 715]
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Insurance Administration 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 11-8-2010 by Ord. No. 715]
FLOOD, ONE-HUNDRED-YEAR
A flood that, on the average, is likely to occur only once every 100 years, that is, one that has as one-percent likelihood of occurring each year, but may occur more than once in any one-hundred-year period.
FLOODPLAIN
A relatively flat or low land area, adjoining a river, stream, watercourse or body of water, which area is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation of surface waters from any source, e.g., stormwater drainage courses and basins.
FLOOD-PRONE AREA
Those areas as described in Article XXIX and delineated on the Floodplain Conservation District Map.
FLOODPROOFED
Watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydraulic and hydrodynamic loads and effects of buoyancy.
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.
[Added 11-8-2010 by Ord. No. 715]
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 11-8-2010 by Ord. No. 715]
FLOOR AREA
See "gross floor area" and "net floor area."
FLOOR AREA RATIO
The total floor area divided by the net area of that lot.
FOREST
See "woodland and forest."
FRONT PROPERTY LINE
That line which, in the case of a normal lot, is the front street line; in the case of a corner lot, is the street line of both abutting streets; and, in the case of an interior lot, the property line toward which the building faces or is to face. (See the definitions for "normal lot," "lot, interior," and "lot, corner.")
FRONT YARD
The required open space extending along the street line of any street on which the lot abuts; or, in the case of an interior lot, along the front property line. In the case of a corner lot, there shall be two front yards and two side yards.
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 use or part of a permitted principal building used for the storage of motor vehicles owned and used by the owner, residents, employees or visitors to such permitted principal building.
GOVERNMENTAL USES
Buildings, facilities or activities used or conducted for a governmental, as opposed to a proprietary, purpose.
GROSS DENSITY
See "density."
GROSS FLOOR AREA
The sum of the gross horizontal areas of all floors of a building, measured from the exterior face of exterior walls or from the center line of a common wall separating two buildings, including interior parking spaces, interior loading space for motor vehicles and any space where the floor-to-ceiling height is more than six feet.
HEIGHT
The height of a structure shall be the distance between the mean level of the ground surrounding the structure and a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers or antennas; roof structures for housing stairways; air-conditioning, ventilating or elevator equipment; tanks; and similar projections shall not be included in calculating the height.
HEIGHT OF A COMMUNICATIONS TOWER
The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
[Added 9-14-1998 by Ord. No. 588]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
[Added 11-8-2010 by Ord. No. 715]
HISTORIC RESOURCES
Sites, areas, structures, trails and/or routes which are valued due to their significance as locations of events and/or examples of architecture, customs, skills or arts of the past.
HISTORIC STRUCTURE
Any structure that is:
[Added 12-14-2009 by Ord. No. 709]
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(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 the 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.
HOME OCCUPATION
An activity conducted within a dwelling unit by the residents, including occupations such as: manufacturer's representative, insurance salesperson, dressmaker, teacher, artist and the like; but shall not include: morticians, barbers, beauticians and the like or uses such as commercial kennels, tearooms, tourist rooms and the like.
HOME PROFESSIONAL OFFICE
An office for the personal use of a physician, dentist, lawyer, engineer, architect or other learned professional practitioner, provided that such office is located within the residence of such professional.
HORTICULTURE
The art and practice of propagating and cultivating plants for their procedure or for ornament.
HOSPITAL
An institution providing primary health services and medical and/or surgical care to persons, some of whom are inpatients, suffering from illness, disease, injury, deformity and other physical or mental problems. When conducted as an integral part of the hospital, related accessory facilities, such as laboratories, outpatient or training facilities or offices for doctors and other medical personnel affiliated with the hospital may be an accessory use to the hospital.
HOTEL, MOTEL OR INN
A building or group of buildings containing 10 or more guest rooms, without cooking facilities of any kind, especially designed for the temporary lodging of transient guests. Such establishments shall provide guests with customary hotel services such as maid service and the furnishing and laundering of linen. Eating and drinking facilities may be an accessory use 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.
ILLUMINATED or ILLUMINATION
To be lightened up or to give light to, by means of either an internal or external light source other than by natural light.
IMPACT
The power of an event or condition to produce changes in other conditions. In the context of impact exerted on the environment, changes which affect existing conditions and/or quality are of greatest concern.
IMPERVIOUS SURFACE COVERAGE
The coverage of the lot area by materials that normally shed most rainfall, e.g., buildings, paved areas, including streets, parking lots and similar surfaces, and other improvements that generate significant stormwater runoff.
IMPROVEMENTS
Physical additions and changes to land, such as grading, paving, streets, curbing, fire hydrants, water mains, sanitary sewers, capped sewers, storm sewers storm drains, catch basins, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, streetlights, street trees and other plantings and other structures that may be necessary to produce usable and desirable land development.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of "impulsive sound" include explosions, drop-forge impacts and the discharge of firearms.
INDEPENDENT LIVING UNIT
An apartment dwelling unit in a multifamily dwelling apartment building used exclusively for occupancy by one or more senior persons in a continuing care retirement community.
[Added 12-13-2004 by Ord. No. 659; amended 11-28-2005 by Ord. No. 667]
INFRASTRUCTURE
The basic installations and facilities on which the continuance and growth of a community depend, such as roads, schools, electrical transmission facilities and transportation, communication, sewer and water systems.
INTERIOR LOT
See "lot, interior."
JUNK VEHICLE
Any vehicle which is so disabled, disassembled, dismantled or damaged as to be incapable of being used safely for its intended purposes and is left in such condition for 30 days or more; vehicles stored for their parts or scrap value.
KENNEL
An establishment where six or more dogs, cats or like domesticated animals, more than one-year old, are kept, boarded, groomed, trained, raised or bred for compensation.
LAND DEVELOPMENT
Any of the following activities described in Subsections (1) and (2) below, but excluding any activities described in Subsection (3) below:
(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.
(3) 
The addition of a single accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building if, and only if, all of the following criteria are met:
(a) 
The use of the proposed accessory building will be other than residential; and
(b) 
The lot area of the lot on which the accessory building is to be placed is 10 acres or larger; and
(c) 
The proposed accessory building does not exceed 1,000 square feet in gross floor area and the total cumulative gross floor area of the proposed accessory building and all other accessory buildings previously exempted from the definition of land development pursuant to this section does not exceed 2,500 square feet; and
(d) 
The height of the proposed accessory building does not exceed 35 feet.
LANDOWNER
The legal or beneficial owner or owners of land; the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee if he is authorized under the lease to exercise the rights of the owner.
LANDSCAPED AREA
That portion of a tract or lot in which plantings have been installed in accordance with the special provisions for landscaping in Article XXXIV. The "landscaped area" includes the buffer planting strip and those plantings which serve a functional and/or aesthetic purpose and are located around and between buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and the like.
LANDSCAPING PLAN
A plan for the installation and maintenance of plantings, prepared according to the provisions of Article XXXIV.
LIFE CARE COMMUNITY
A land development which includes residential units within a planned retirement community and accessory uses for the continuing care of the residents.
LIVESTOCK
Animals of any kind raised for sale, resale or agricultural field production. For the purposes of this chapter, the keeping of common household pets such as dogs, cats and the like shall not be considered as keeping of livestock.
LOADING SPACE, OFF-STREET
A space in a building or on a lot which is accessible from the public street system for the temporary use of vehicles while loading or unloading merchandise, materials or passengers.
LONG-TERM EFFECTS
Results which are manifest for or extended over a long period of time.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
For purposes of determining compliance with the minimum lot area requirements of this chapter, the area of a lot shall be measured to the street line only; and areas subject to driveway, drainage and permanent utility easements and areas separated from the proposed principal use by a street right-of-way shall not be counted unless this chapter expressly provides otherwise.
LOT, CORNER
A lot abutting upon two or more streets or upon two parts of the same street, including shared driveways, forming an interior angle of less than 135°. A corner lot has two front yards and two side yards.
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, EXISTING INTERIOR
A lot existing as of the date of this amendment[2] with an existing separate tax folio number, which meets all of the R-1 or R-1A Residential District zoning regulations except the minimum lot width at the street line.
[Added 7-13-2020 by Ord. No. 817]
LOT, FLAG
A lot which is connected to a street by an access strip of required minimum width at the street line per the applicable zoning district. Minimum lot area and other dimensional requirements shall be met on that portion of the lot exclusive of the minimum access strip.
[Added 7-13-2020 by Ord. No. 817]
LOT, INTERIOR
A lot created through the subdivision process, after the date of this amendment, which does not front on a street and has access to a street only by way of an easement or right-of-way.
[Amended 7-13-2020 by Ord. No. 817]
LOT LINE
A property boundary line shown on a recorded plan or described in a recorded deed.
LOT LINE, FRONT
The lot line abutting a street and coinciding with the street line. In the case of a corner lot, the street abutting the lot line identified on the approved subdivision and/or land development plan as the front line; or, in the case of an existing lot, the lot line designated on an approved site plan; or, in the case of an interior lot, the "front lot line" shall be that property line generally parallel to the street line providing access to the lot; or, in the case of any other lot, the "front lot line" shall be construed to be the lot line on the side of the main entrance.
LOT LINE, REAR
The lot line which is opposite to the street line or, in the case of an interior lot, the front yard.
LOT LINE, SIDE
Any lot line which is not a street line or a rear lot line.
LOT WIDTH
The horizontal distance measured between the side lot lines at the required or proposed front yard building setback line.
LOWEST FLOOR
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 nonelevation design requirements of this chapter.
[Added 12-14-2009 by Ord. No. 709]
MANUAL CHANGEABLE COPY DISPLAY
The portion of a sign whose message copy or content is changed manually through placement of letters or symbols on a panel mounted in or on a track system.
[Added 3-25-2013 by Ord. No. 737]
MANUFACTURED/MOBILE 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 Article XX, so that it may be used without a permanent foundation, but with the same, or equivalent, electrical, plumbing and sanitary facility as for a conventional single-family detached dwelling. A mobile home shall include any addition or accessory structure such as porches, sheds, decks or additional rooms, which is attached to it. For the purpose of floodplain management, the words "mobile home" shall be replaced with the words "manufactured home" within any delineated floodplain area. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
[Added 12-14-2009 by Ord. No. 709]
MENU BOARD OR MENU SIGN
A freestanding sign which depicts the menu of food for sale at the drive-through section of a fast-food restaurant. Such sign shall not exceed 25 square feet.
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.[3]
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. For the purpose of floodplain management, the words "mobile home park" shall be replaced with the words "manufactured home park" within any delineated floodplain area.
MOTEL
See "hotel, motel or inn."
MOTOR VEHICLE SERVICE STATION
A building or place of business where gasoline and automobile accessories are dispensed directly to the motor vehicle trade and/or where automotive repair services may be rendered.
MUFFLER or SOUND-DISSIPATIVE 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 conducted on a lot and/or in a building or structure by Middletown Township, the Middletown Township Sewer Authority or a fire company or library supported by Township tax revenues.
[Amended 6-25-2018 by Ord. No. 794]
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 horizontal 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 February 15, 1979, 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.
[Added 12-14-2009 by Ord. No. 709; amended 8-24-2015 by Ord. No. 758]
NO-IMPACT HOME-BASED BUSINESS
(1) 
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, and which satisfies all of the following requirements:
[Added 5-24-2010 by Ord. No. 712]
(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.
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, endangers or injures personal or real property or is in excess of the sound levels by zoning districts established in Article XXXIII.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure which does not comply with the provisions of this chapter, as amended, where such building or structure lawfully existed prior to the enactment of this chapter or amendment.
NONCONFORMING LOT
A lot of record lawfully existing at the passage of this chapter or amendment hereto, which does not have the minimum width or other requirements set forth in this chapter, as amended.
NONCONFORMING SIGN
A sign which does not conform to the sign regulations in this chapter, as amended, but which was in existence lawfully before the regulation creating the nonconformity was enacted.
NONCONFORMING USE
A use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter, as amended, where such use was in existence lawfully prior to the enactment of the regulation(s) creating the nonconformity.
NORMAL LOT
A lot which abuts on only one street and when developed will have a front yard along the street.
OPEN SPACE
Natural, cultivated or landscaped areas restricted in perpetuity to natural resource conservation, recreation, buffer or other uses as authorized in the open space provisions, Article XXXV. To determine the areas which may be counted as required open space, see Article XXXV.
OPEN SPACE OPTION
The choice which may be exercised in the R-1 and R-2 Residence Districts, on tracts greater than 15 acres, to arrange lots with particular consideration of a sensitivity toward environmental resources in exchange for allocating open space for various conservation and recreational purposes. Under this approach, the minimum net lot size requirement could be less than otherwise would be required and the relative density could be greater than otherwise permitted.
PAD LOT
A fee simple parcel created for financing and/or conveyancing purposes within a tract qualifying for a mall conversion.
[Added 11-9-2015 by Ord. No. 760]
PARENT TRACT
The area of land from which parcels are subdivided.
[Added 7-13-2020 by Ord. No. 817]
PARK
A tract of land designated and used by the public primarily for recreation of an active or passive nature.
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 covered garage spaces or uncovered parking lot space located off the street right-of-way and in back of the front yard building setback line. The size of parking spaces shall be as required in Article XXXI and in the PRD and SU districts.
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.
PERSONAL-CARE FACILITY
A premises operated by a legal entity holding a certificate of compliance document issued by the Pennsylvania Department of Health (license) permitting the operation of a personal-care home (PCH), at the location of said premises, according to appropriate Pennsylvania Department of Health program licensure or approval regulations, in which food, shelter and personal assistance or supervision are provided for a period of at least 14 days for four or more aged adults who do not require the services in or of a Pennsylvania Department of Health licensed long-term care facility, but who do, because of their advanced age, require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration.
PERSONAL-CARE UNIT
A dwelling unit in a building of multiple dwelling units for occupancy by one or more senior persons in a personal care facility in a continuing care retirement community.
[Added 12-13-2004 by Ord. No. 659]
PHASE
An area or tract which is part of a proposed development which will be constructed according to a timetable for development over a period of years included by the applicant in the development plan.
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 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 complying with the provisions of Article XI.
PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act 247, of 1968, 53 P.S. §§ 10101 to 11202, as amended by Act 170 of 1988.
PLANTINGS
Trees, shrubs and ground cover which are installed and maintained in accordance with a landscaping plan approved by the Township Council.
PRIMARY EFFECTS
Results of a direct nature which have a principal influence on a particular condition.
PRINCIPAL OCCUPANT
A tenant space within the B-2 Major Shopping Center Zoning District with a gross floor area of 20,000 square feet or greater gross floor area within a multi-occupancy building.
[Added 5-24-2010 by Ord. No. 713]
PRIVATE ALLEY LINE
The dividing line between a lot and a privately owned alley easement line.
[Added 12-23-2013 by Ord. No. 744]
PRIVATE GARAGE
See "garage, private."
PRIVATE STREET LINE
The dividing line between a lot and a privately owned street easement line.
[Added 12-23-2013 by Ord. No. 744]
PRIVATE SWIMMING POOL
Any body of water, tank, pond or other receptacle for water containment, whether indoors or outdoors, in or above ground, even if portable or temporary, having a depth at any point of 18 inches or more or containing over 750 gallons of water, which is used or intended to be used for swimming or bathing by the owner, resident or occupant and their guests. A private swimming pool is considered an accessory use to a residence under this chapter.
PUBLIC GARAGE
A building, not a private garage, used for the storage or repair of motor vehicles.
PUBLIC IMPROVEMENT ENHANCEMENTS
Functional and aesthetic improvements pertaining to vehicular and pedestrian circulation; pedestrian gathering areas; and the positioning of open spaces and pedestrian amenities in a campus-type setting as part of a campus mixed use development as specified in § 275-38.1F.
[Added 12-23-2013 by Ord. No. 744]
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. When such notice is for a public hearing, it shall state the time and place of the hearing and the particular nature of the matter to be considered. 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 SEWER and PUBLIC SANITARY SEWER SYSTEM
Sewers owned and/or operated by the Township, a municipality, a municipal authority or a public utility company.
PUBLIC UTILITY TRANSMISSION TOWER
A structure, owned and operated by a public utility company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead transmission lines.
[Added 9-14-1998 by Ord. No. 588]
RECORDED
Properly recorded at the office of the Delaware County Recorder of Deeds.
RECREATION, ACTIVE
Leisure-time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed sites or fields.
RECREATIONAL AREA
A place designated and equipped for the conduct of leisure-time activities, such as games, sports and other customary and usual active recreational activities.
RECREATIONAL VEHICLE
[Amended 12-14-2009 by Ord. No. 709]
(1) 
A vehicle which is:
(a) 
Built on a single chassis;
(b) 
Not more than 400 square feet, measured at the largest horizontal projections;
(c) 
Designed to be self-propelled or permanently towable by a light-duty truck;
(d) 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(2) 
Snowmobiles, minibikes, all-terrain vehicles, go-carts and boat trailers are also deemed recreational vehicles.
RECREATION, PASSIVE
Any leisure time activity not considered active.
REFORESTATION
The restocking of an area with forest trees, including natural regeneration as well as tree planting.
REGIONAL RAIL FACILITY
A passenger railroad transit operation including, but not limited to, a railroad station, passenger platform, parking facilities within a parking garage or parking deck or surface parking lot, passenger pickup and drop-off areas, railroad tracks, bridges, tunnels, accessory retail (including the sale of transportation tickets/passes, parking permits, newspapers, periodicals and any miscellaneous items related to public transportation operations) administrative and operational control buildings, crew facilities and maintenance buildings owned by a regional transportation authority and erected within the authority’s right-of-way.
[Added 7-25-2011 by Ord. No. 720]
RELIGIOUS AREA
A use involving a structure or place at which religious worship and ceremonies are held regularly by a group which practices the religion.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
[Added 11-8-2010 by Ord. No. 715]
RESERVE PARKING
A parking space or spaces which the Township Council, in its sole discretion, permits a landowner or developer or any other person to defer the construction, installation, paving or completion of until such time as the Township Council requires the construction, installation, paving or completion thereof or until such time as the parking space or spaces are otherwise satisfactorily constructed, installed, paved and completed.
[Added 8-24-1998 by Ord. No. 587]
RESIDENTIAL GROUP HOME
A dwelling unit operated by a responsible individual, family, entity, or organization with a program to provide a supportive living arrangement for persons and attendant staff, living together in a dwelling unit and functioning as a single housekeeping unit under a common housekeeping management plan based upon an intentionally structured relationship providing organization and stability. The resident of a residential group home must be limited to persons who need specialized housing because of age, disability or illness, and may include, but not necessarily be limited to, children, the mentally or physically handicapped and elderly, but shall not include drug and alcohol rehabilitation facilities, or adult prerelease correctional facilities such as work release, halfway houses or similar uses. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the Federal Fair Housing Act,[4] as amended. Residency shall be on a nontransient basis. This definition shall not apply to a club, lodge, fraternity house, nursing or day-care facility or similar use.
[Added 11-27-2023 by Ord. No. 856]
RESIDENTIAL SECTION
The area within a campus mixed use development designated for single-family attached dwellings.
[Added 12-23-2013 by Ord. No. 744]
RESTAURANT
A building used for the purpose of furnishing food to the public to be consumed within the building and in outdoor dining space adjoining the building.
[Amended 12-23-2013 by Ord. No. 744]
RESTAURANT, DRIVE-THROUGH SERVICE
A fast-food restaurant or section of such a restaurant which is designed to allow for the serving and pickup of food, without leaving the vehicle, for off-premises consumption.
RESTAURANT, FAST-FOOD
A building used for the propose of furnishing food to the public for consumption on the premises and within the building. Such a restaurant may include drive-through service.
RETIREMENT COMMUNITY
A land development which is designed and constructed in accordance with the provisions of Article X.
RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned by a governmental entity and/or the general public.
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.
SELECTIVE CUTTING
The felling of certain, but not all, trees in an area for the purposes of: removing dead, diseased, damaged, mature or marketable timber; improving the quality of a tree stand or species; or meeting personal domestic needs.
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 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.
SEWER AUTHORITY
The Sewer Authority of the Township.
SHORT-TERM EFFECTS
Results which are manifest for, or extended 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 displays or which includes any letter, work, insignia, flag or representation 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 are excluded.
SIGN, ACCESSORY
Any sign which specifically relates to the 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.
SIGN AREA
The area of a sign shall be construed to include all lettering, working 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 or other shape, including the sign background which encompasses all of the letters and symbols.
SIGN, CHANGEABLE
A freestanding sign containing a portion of display with the capability of content change by means of manual or remote input, including manual changeable copy display and electrical changeable copy display.
[Added 3-25-2013 by Ord. No. 737]
SIGN, FLASHING
A sign, the illumination of which, when in use, is not kept constant in intensity at all times, and which exhibits sudden or marked changes in lighting effects. Illuminated signs which indicate the time, temperature or date information shall not be considered a flashing sign.
SIGN, FREESTANDING
A sign supported by, or suspended from, a freestanding column or other support(s) located in or upon the ground surface.
SIGN, GROUND
A sign supported by uprights or braces placed upon the ground, and not attached to any building. A ground sign shall be considered a freestanding sign.
[Amended 3-25-2013 by Ord. No. 737]
SIGN, ILLUMINATED
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.
SIGN, MANUAL CHANGEABLE COPY
A sign or portion thereof on which the copy or symbols are changed manually through placement of letters or symbols on a panel mounted in or on a track system.
[Added 3-26-2012 by Ord. No. 727]
SIGN, MENU
See "menu board or menu sign."
SIGN, MULTI-PURPOSE VISUAL DISPLAY
A sign that uses digital light-emitting diodes (LEDs), or similar technology, to create a visual display area composed of images, characters, and/or messages for advertising and communication purposes, which sign is capable of frequent display area changes.
[Added 8-28-2017 by Ord. No. 783]
SIGN, OFF-PREMISES
A sign which 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.
SIGN, ON-PREMISES
A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities available on the premises.
SIGN, PARALLEL
A sign which is mounted parallel to a wall or other vertical building surface not extending beyond the edge of any wall or other surface to which it is mounted and not projecting more than 15 inches from the wall surface.
SIGN, POLE
A sign that is mounted on a freestanding pole or other single support.
SIGN, PROJECTING
A sign which is attached directly to the wall of a building or other structure which extends more than 15 inches from the face of such wall.
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises on which the sign is located.
SIGN, TEMPORARY
Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for 30 days or less.
SIGN, WALL
See "sign, parallel."
SIGN, WINDOW
A sign which is oriented to the public right-of-way, is legible to persons in vehicles and is located on the outside or inside of a window to direct attention to an activity conducted on the same lot.
SITE RESTORATION
Measures taken following completion of land disturbance activities which will stabilize the land surface and minimize exposure to possible erosion or sedimentation.
SKILLED NURSING FACILITY
A facility which provides for personal health care in a continuing care retirement community and is licensed to provide skilled nursing care by the Commonwealth of Pennsylvania.
[Added 12-13-2004 by Ord. No. 659]
SLOPE
See "steep slope" and "very steep slope."
SOIL SURVEY
The soil survey of Chester and Delaware Counties, prepared by the United States Natural Resources Conservation Service.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause 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 or D, 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 which such specifications shall be prima facie evidence of such compliance.
SPECIAL EXCEPTION
A use which may be authorized by the Zoning Hearing Board, in accordance with Article XXXVII of this chapter, when the applicant establishes that the ordinance allows the proposed use by special exception and that the use complies with all applicable specific standards and criteria.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a one-percent-or-greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1 to A30, AE, A99, or AH.
[Added 11-8-2010 by Ord. No. 715]
SPECIAL PERMIT
Special approval which is required for hospitals, nursing homes, jails and new manufactured home parks or subdivisions and substantial improvements to such existing manufactured home parks or subdivisions when such development is located partially or entirely within a designated floodplain.
STABLE
Any building, structure or portion thereof which is used in whole or in part for the shelter or care of horses or cattle, either permanently or transiently.
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 from the date of the permit. 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 manufactured 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/or 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 11-8-2010 by Ord. No. 715]
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 as set forth in Article XXX.
STORY
That part of a structure included between the 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 floor thereof is more than five feet below the average ground level around the structure.
STREET
A publicly or privately owned right-of-way serving as a means of vehicular travel furnishing access to three or more abutting lots.
STREET LINE
The dividing line between a lot and the right-of-way line of an opened or officially platted public street or between a lot and a privately owned street easement line.
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 to adapt a structure to a different use.
STRUCTURE
Any man-made object or improvement having an ascertainable stationary location on land or in the water, whether or not affixed to the land. This term includes anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, gas or liquid storage tanks that are principally above ground, manufactured homes, signs and other similar items.
[Amended 12-14-2009 by Ord. No. 709; 8-24-2015 by Ord. No. 758]
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 or preliminary or final plan which complies with Chapter 210, Subdivision and Land Development. See also "land development plan."
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.
SUBSTANTIAL IMPROVEMENT
Any 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," 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 12-14-2009 by Ord. No. 709; 8-24-2015 by Ord. No. 758][5]
USE
An activity or the specific purpose for which land or a building is designed, arranged, intended or improved or for which it is or may be occupied or used.
VARIANCE
Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the provisions of this chapter, as applied to a specific property, in accordance with the provisions of Article XXXVII and Pennsylvania Municipalities Planning Code Section 912.[6]
VERY STEEP SLOPE
The area of land which is characterized by a change in elevation of 25% or more over a specified distance as set forth in Article XXX.
VIOLATION
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 the Code of Federal Regulations 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 11-8-2010 by Ord. No. 715]
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.
WATERCOURSE
A stream with year-round or substantially year-round flow such as a creek, run or other body of running water.
WOODLAND and FOREST
Those areas of extensive vegetation in which the dominant plants are healthy trees that are indigenous to the area.
WOODLAND MANAGEMENT PLAN
A description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land. Such plan shall be prepared by a person(s) with demonstrable expertise in forest management and shall document measures to be taken to protect water quality; to minimize impacts from skid trails and logging roads, landing areas and the tree-removal process; and to assure site restoration.
YARD
An open area with no buildings that lies between the permitted principal or accessory building or buildings and the nearest lot line. Such yard shall be unoccupied and unobstructed from the ground upward, except as provided otherwise in Article XXXIII.
YARD, FRONT
A yard extending the full width of the lot along the front lot line and extending in depth from where a building is permitted. In the case of corner lots or reverse frontage lots, front yards of the required depth shall be provided along all streets. In the case of an interior lot, the front yard shall extend along the front lot line the entire width of the lot and shall not include any portion of the right-of-way or accessway connecting the lot with the street.
YARD, REAR
A yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point on the lot where a building is permitted.
YARD, SIDE
A yard extending the full depth of the lot along the side lot line and extending in width from such side lot the nearest point on the lot where a building is permitted.
[1]
Editor's Note: Section 3003J was repealed by Ordinance No. 510, approved October 26, 1992.
[2]
Editor's Note: This amendment was adopted 7-13-2020.
[3]
Editor’s Note: The former definition of "mobile home, "which immediately followed this definition, was repealed 12-14-2009 by Ord. No. 709. See now the definition of ”manufactured/mobile home."
[4]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[5]
Editor’s Note: The former definition of "travel trailer," which immediately followed this definition, was repealed 11-8-2010 by Ord. No. 715.
[6]
Editor's Note: See now 53 P.S. § 10910.2.
B. 
Words not defined above shall have the meaning given in the Municipalities Planning Code, Chapter 210, Subdivision and Land Development [7] or other Township codes and ordinances and, if not defined in the aforementioned documents, the most recent edition of Webster's Unabridged Dictionary.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.