For purposes of this chapter, certain words shall be interpreted as follows:
A. 
Words used in present tense include the future.
B. 
The singular number includes the plural and the plural includes the singular.
C. 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
D. 
The word "person" includes an individual, corporation, partnership, incorporated association, and/or any other similar entity.
E. 
The words "include" or "including" shall not limit the term to the specified examples, but are intended to extend the meaning to other instances of like kind and character.
F. 
The word "building" shall always be construed as if followed by the words "or part thereof."
G. 
The word "may" is permissive, and the words "shall" and "will" are always mandatory.
Words and terms used in this chapter shall have the meanings given in this article. Unless expressly stated otherwise, any pertinent word or term not a part of this listing, but vital to the interpretation of this chapter, shall be construed to have its legal definition, or, in absence of a legal definition, its meaning as commonly accepted by practitioners, including civil engineers, surveyors, architects, landscape architects, and planners.
ACCESS DRIVE
A privately owned, constructed, and maintained vehicular access from a public or private right-of-way to off-street parking or loading spaces.
ACCESSORY STRUCTURE
A structure detached from a principal building, located on the same lot as said principal building, and customarily incidental and subordinate to said principal building and/or use of said principal building.
[Amended 6-2-2015 by Ord. No. 15-04; 2-7-2023 by Ord. No. 2023-01]
ACCESSORY USE
A use on the same lot and customarily incidental and subordinate to the principal use.
ACCESS STRIP
A piece of land which does not comply with the minimum lot width regulations of this chapter, but which provides physical access to, and legal road frontage for, a lot in compliance with this chapter's requirement for access to a street. Access strips provide access to flag lots, also known as "rear" or "interior" lots. The area of an access strip shall not be included in the minimum lot area required under the provisions of this chapter.
[Amended 2-7-2023 by Ord. No. 2023-01]
ADDITION
An extension or increase in floor area or height of a building or structure.
ADULT ENTERTAINMENT DEFINITIONS
A. 
ADULT ARCADEAny place to which the public is permitted or invited wherein coin operated or slug operated, or electronically, electrically or mechanically controlled, still or motion-producing devices are maintained to show images to five or fewer persons per machine at any one time, or where the image is so displayed or distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
B. 
ADULT CABARET, DANCE HALL, PRIVATE CLUB, BAR, GENTLEMEN'S BAR, TAVERN, NIGHTCLUB, RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENTAny type of establishment offering adult entertainment which entertainment is used for the presenting of material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, for observation by patrons therein whether or not liquor is sold on the premises. Such presentation or material may be live or through films, motion pictures, video cassettes, slides, or other photographic reproduction depicting or describing specified sexual activities or specified anatomical areas.
C. 
ADULT ENTERTAINMENTLive or non-live entertainment containing specified sexual activities or displaying or presenting specified anatomical areas. This definition is a broad overall definition, which includes the activities adult cabaret, dance hall, private club, bar, gentlemen's bar, tavern, nightclub, restaurant or similar commercial establishment, adult materials sales, adult motion-picture theater, adult mini motion-picture theater, peep show, adult motel, and sexual encounter center as part of its definition for adult entertainment.
D. 
ADULT MINI MOTION-PICTURE THEATERAny structure which houses a commercial establishment with the capacity for fewer than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, for observation by patrons therein.
E. 
ADULT MOTELA hotel, motel, or similar commercial establishment which offers accommodation to the public for any form of consideration, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
F. 
ADULT MOTION-PICTURE THEATERAny structure which houses a commercial establishment with the capacity for 50 persons or more, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, for observation by patrons therein.
G. 
APPLICANTA person who applies by filling out an application for a permit for an adult entertainment use.
H. 
(1) 
The opening or commencement of any adult entertainment as a new business.
(2) 
The conversion of an existing business, whether or not an adult entertainment business, to an adult entertainment business.
(3) 
The addition of any adult entertainment business to any other existing business.
(4) 
The relocation of any adult entertainment business.
I. 
NUDITY or STATE OF NUDITYThe appearance of the specified anatomical areas without any coverings on the body area.
J. 
PEEP SHOWAny structure which houses a commercial establishment with the capacity for one or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, for observation by parties therein.
K. 
SEMINUDE or SEMINUDITYState of dress in which clothing partially or opaquely covers specified anatomical areas.
L. 
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that as one of its primary business purposes offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons, and/or persons of the same sex, when one or more of the persons is in a state of nudity or seminudity.
M. 
SPECIFIED ANATOMICAL AREASHuman genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola and/or female breast(s) partially or completely covering the areola, or human male genitals in a discernibly turgid state, even if completely or opaquely covered.
N. 
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts or simulated acts of human masturbation, sexual intercourse, sodomy, oral copulation or bestiality.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast(s).
(4) 
Excretory functions as part of, or in connection with, any of the activities set forth in Subsection N(1) through (3), above.
AGRICULTURE
The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, and storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
ALLEY
A minor, vehicular right-of-way, public or private, on which no principal structures front, which serves as the secondary means of access to two or more properties which otherwise front on a public street.
ALTERATION
As applied to building or structure, a change or rearrangement in the structural parts or mechanical equipment, or any enlargement or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
ANIMAL HUSBANDRY
The raising and keeping of livestock, fish, fur-bearing animals, honey bees, or poultry for any commercial purpose. The keeping of livestock, fish, fur-bearing animals, honey bees, or poultry as farm pets or for domestic purposes shall not be construed as animal husbandry.
ANTENNA
An apparatus, external to or attached to the exterior of a building, together with any supporting structure, for sending or receiving electromagnetic waves.
ANTENNA RECEPTION WINDOW
The area which lies between the satellite dish antenna and an orbiting satellite.
APPLICANT
A person who has filed an application for approval of subdivision or land development plans, including his/her heirs, successors, agents, and assigns. The term also includes landowner, developer, builder, and/or other persons responsible for the plans and construction of buildings or other improvements on any parcel of land.
AQUIFER
An underground bed or stratum of earth, gravel, or porous stone that contains water.
AQUIFER RECHARGE AREA
The exposed ground level portion of an aquifer.
AUDITORIUM
A building containing a stage and seating for meetings and/or performances.
AUTOMOTIVE SERVICE STATION
Any premises used for supplying gasoline and oil, tires, accessories and services for motor vehicles at retail direct to the motorist consumer.
BANK
Includes savings and loan, finance companies, credit unions and other similar financial or fiduciary institutions.
BANKFULL FLOW OR LEVEL
The discharge that just fills the water channel to the top of its banks and at a point where the water begins to overflow onto a floodplain. Bankfull discharge is a relatively frequent event with a return rate of two years.
[Added 12-7-2021 by Ord. No. 2021-06]
BASE DENSITY
The minimum value with which to calculate both tract density and lot area. If none of the items which are excluded from lot area determination are located on the tract, the base density is the minimum acreage required for an acceptable lot.
BASEMENT
A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet. A space which does not meet the above criteria is a cellar.
BED-AND-BREAKFAST
A use accessory to a single-family detached dwelling that provides overnight guest accommodations including daily breakfast or brunch, as regulated by § 170-26, Bed-and-breakfast accommodations, of this chapter.
BLOCK
A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to development.
BOARDINGHOUSE or ROOMING HOUSE
A commercial use consisting of a single dwelling unit and no more than five rooms or suites, accommodating no more than 10 lodgers, where lodging is provided with or without meals to tenants for periods generally longer than 30 days, for compensation.
BUFFER
An area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them. Unless otherwise specified, "buffer" may be included as part of the required setbacks and yard areas.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. (See "accessory building" and "principal building.")
BUILDING CODE OFFICIAL
The Building Inspector or other person officially appointed by the Township Board of Supervisors to administer and enforce the Township building code.[1]
BUILDING COVERAGE
The ratio obtained by dividing the maximum horizontal cross-section of all principal and accessory buildings on a lot (including balconies, covered decks and porches, carports, and breezeways; but excluding patios, cornices, eaves, gutters, bay windows, and steps) by the net lot area of the lot upon which the buildings are located. Building coverage is expressed as a percentage.
[Amended 2-7-2023 by Ord. No. 2023-01; 10-3-2023 by Ord. No. 2023-03]
BUILDING ENVELOPE
The area of a lot within which a principal building may be erected. This area is defined by the limits of the minimum front, side, and rear yard areas, and encompasses the area of the lot not found in the yard areas and rights-of-way.
BUILDING INSPECTOR
See "Building Code Official."
BUILDING LINE
The line which serves as the rear boundary of the minimum front yard. (See also "yard line.") For the purposes of measuring lot width at the building line the following apply:
A. 
For wedge-shaped lots which are narrower at the street than at the rear property line, the building line may be moved back from the minimum front yard depth to a point where the lot width equals the minimum required for the district, provided that at least 50 feet of street frontage is provided and the lot complies with all other dimensional requirements of the district.
B. 
Where "rear" or "interior" lots are permitted, the building line shall be oriented as parallel or concentric to the street from which access is provided as is feasible, and set back from the intervening property line at least the minimum front yard depth.
CALIPER
Tree diameter measured 2 1/2 feet from the ground.
CARE GIVER
The person responsible for the direct care, protection, supervision, and guidance of children in a day-care setting.
CARPORT
A building open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.
CARTWAY
The portion of a street or highway right-of-way designed for vehicular traffic, typically paved.
CELLAR
The portion of a building which is partly or completely below grade, and having more than 1/2 of its height below grade. (See "basement.")
CEMETERY
Land used or intended to be used for the burial of the deceased, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with the cemetery and within its boundaries.
CENTRAL SEWER OR WATER
A sewage disposal network and facilities, or water supply network serving a group or series of property owners in common; may be publicly or privately owned.
CHILD
A person under 16 years of age.
CHILD DAY-CARE CENTER
See "day-care facilities."
CHURCH
One or more buildings or structures which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
CLUB
A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and/or bylaws.
CLUSTER DEVELOPMENT
An alternative development method wherein structures are arranged in closely related groups, reducing lot sizes, preserving land for open space, and permitting more imaginative site design than may be possible under standard development.
COMMON FACILITIES
All portions of a community, development, and/or subdivision which are to be publicly owned; owned, leased, and/or managed by a community association, homeowners' association, condominium association, or other similar entity; or intended and held for use by members of the community, development, subdivision, or the public as a whole; including, but not limited to, recreational areas and facilities, playgrounds and play fields, trails, benches and picnic tables, gardens and planting beds, stormwater management facilities, entrance signage/features, and mailbox clusters.
[Added 11-3-2021 by Ord. No. 2021-04]
COMMUNITY WELL
A well that serves two or more lots, buildings, dwelling units, and/or establishments, or serves an establishment requiring more than 400 gpd.
[Added 2-7-2023 by Ord. No. 2023-01]
COMPREHENSIVE PLAN
The Lower Frederick Township Comprehensive Plan and amendments thereto, including maps, charts, and/or descriptive matter officially adopted by the Township Planning Commission and Township Supervisors, intended to express the policies that guide future development of the Township, including all elements required by the Pennsylvania Municipalities Planning Code.[2]
CONDITIONAL USE
A form of permitted use, authorized by this chapter, under the jurisdiction of the Board of Supervisors. The Board of Supervisors is empowered to grant permission for conditional uses, consistent with the public interest, in compliance with the standards and procedures established in this chapter, following thorough examination of the proposal, and under any reasonable safeguards necessary to implement the purposes and intent of this chapter and to protect the general welfare.
CONDOMINIUM
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, created under either the Pennsylvania Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium Act.[3]
CONSTRUCTION
The construction, conversion, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile or manufactured homes.
CONTIGUOUS
Sharing a boundary. For the purposes of this chapter, properties on opposite sides of a public right-of-way shall not be considered contiguous.
CONVERSION
The remodeling or alteration of a structure so as to accommodate more leasable or saleable units or a different use than what had originally been intended for the structure. Includes the alteration of a nonresidential structure into a dwelling unit(s) for at least one family, the modification of a single-family structure to accommodate more units than originally intended, the alteration of existing dwellings into a commercial use, and the alteration of an existing dwelling into a mixed commercial and residential use.
CORNER LOT
A lot having contiguous frontage on two or more intersecting roads.
COUNTY
The County of Montgomery, Commonwealth of Pennsylvania.
CRITICAL ROOT ZONE (CRZ)
A circular area of ground around a tree designated to protect the majority of the tree's root system from damage and/or compaction during construction and other activities. Essentially, it is an invisible or imaginary circle that runs around a tree, which area is important to the tree because it is where the most critical roots of the tree are located. The radius of a tree's CRZ is equal to 1.25 feet for every inch of trunk thickness as measured at DBH. To calculate a tree's CRZ, one should divide the circumference (in inches) of the tree's trunk as measured at DBH by π (pi - 3.14159) to get the diameter of the trunk (in inches) and then multiply that number by 1.25 to get the radius of the CRZ (in feet). This radius is then extended from outer edge of the trunk to show the CRZ for that tree.
[Added 2-7-2023 by Ord. No. 2023-01]
CULVERT
A drain, ditch, or conduit not incorporated in a closed system, that carries drainage water under a driveway, roadway, or paved area.
CURATIVE AMENDMENT
An amendment, submitted either by a citizen or by the Township, to be considered by the Board of Supervisors as a potential cure for a successful challenge to the substantive validity of a land use ordinance.
CURATIVE CHALLENGE
A substantive challenge to the validity of the land use ordinance and/or map, brought before the Zoning Hearing Board for consideration.
DAY-CARE FACILITIES
The following types of day-care facilities are regulated by this chapter:
A. 
CHILD DAY-CARE CENTERA facility in which care is provided for seven or more children, at any one time, where the child care areas are not being used as a family residence.
B. 
GROUP DAY-CARE HOMEA facility in which care is provided for more than six but less than 12 children, at any one time, where the child care areas are being used as a family residence.
C. 
FAMILY DAY-CARE HOMEAny premises other than the child's own home, operated for profit or not for profit, in which child day care is provided at any one time to four, five, or six children, who are not relatives of the care giver.
DECIBEL (dB)
A unit which describes the sound pressure level or intensity of sound. A sound level meter is calibrated in decibels.
DEED
A written instrument whereby an estate in real property is conveyed by a grantor to a grantee.
DEED RESTRICTION
A restriction upon the use of a property placed in a deed.
DEPTH TO BEDROCK
The distance between the ground surface and the solid rock underlaying the looser material of the earth's surface. Shallow depth to bedrock is an area in which bedrock is located at or near the ground surface.
DETENTION BASIN OR POND
A facility for the temporary storage of stormwater runoff.
DETONATION
A rapid build-up of a destructive pressure wave caused by chemical reaction and/or the sudden release of energy.
DEVELOPMENT
Any man-made change to improved or unimproved real estate including buildings or other structures, streets and other paving, utilities, mining, dredging, filling, grading, excavation, or drilling operations.
DEVELOPMENT PLAN
The provisions for guiding development, including a plan of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, parking facilities, ways, common open space, and public facilities.
DIABASE
A basic igneous rock, locally called ironstone. It is composed essentially of plagioclase feldspar and augite and of small quantities of magnetite and spatite. Known for its hardness, compactness, and resistance to fracturing and faulting, it has a very low porosity and permeability rate.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree 4 1/2 feet above ground on the uphill side of the tree ("breast height"). If a tree forks below breast height, each trunk is treated as a separate tree.
[Added 12-7-2021 by Ord. No. 2021-06]
DRAINAGE
The natural or man-made features of land that are specifically designed to store or carry surface water runoff.
DRIPLINE
An imaginary line on the ground corresponding to the location of the outermost edges of the branches of a tree that defines the limits of the tree's canopy. The dripline may be determined for a single tree or measured collectively for a larger grouping of trees or woodland.
[Added 12-7-2021 by Ord. No. 2021-06]
DRIVE-IN, DRIVE-UP, OR DRIVE-THROUGH USE
An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DRIVEWAY
A private cartway providing vehicular access between a street and a lot, property, or development.
[Amended 2-7-2023 by Ord. No. 2023-01]
DWELLING TYPES
For the purposes of this chapter, the following are the definitions of the various types of dwelling units:
A. 
SINGLE-FAMILY DETACHED DWELLING UNITA building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units. Single-family detached dwelling units include the following alternative types only in those districts that list them as permitted dwelling types:
[Amended 7-25-2006 by Ord. No. 06-09]
(1) 
LOT LINE HOUSEA single-family detached dwelling unit on an individual lot, with the building set on or near one side lot line so that the lot has only one usable side yard. Lot line houses typically have the following characteristics:
(a) 
No windows or doors on the building wall that is on or near the lot line.
(b) 
The front, rear, and one side yard comprise the primary usable outdoor areas for the dwelling.
(c) 
Lot width and area smaller than required for conventional single-family detached dwelling units.
(2) 
VILLAGE HOUSEA single-family detached dwelling unit of two or more stories on an individual lot, with architectural features and placement intended to replicate the character of older homes in historical village settings. Village houses shall have the following characteristics:
(a) 
A roofed, unenclosed front porch, at least seven feet deep, running across at least three-quarters of the housefront.
(b) 
A shallow front yard setback with the front yard defined by an ornamental fence or hedge planting, and/or raised above sidewalk grade by at least 18 inches with a retaining wall.
(c) 
Garage located to the rear of the house, generally with access from an alley.
(3) 
PATIO HOUSEA single-family detached dwelling unit on an individual lot, with side and rear yard areas enclosed for privacy by walls at least seven feet high located on the side and rear lot lines.
B. 
TWO-FAMILY BUILDINGA residential building containing two dwelling units and which is not attached to any other building. A two-family building counts as two dwelling units for density purposes.
(1) 
TWIN (SINGLE-FAMILY SEMIDETACHED)A two-family building with dwelling units placed side-by-side, and joined to each other by a vertical common party wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall. Separate ingress and egress is provided to each unit.
(2) 
DUPLEX (TWO-FAMILY DETACHED)A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot. Separate ingress and egress is provided to each unit.
(3) 
TWO-FAMILY SEMIDETACHED BUILDINGA residential building containing four dwelling units, configured the same as a twin, but with two dwelling units in each half of the building, arranged the same as dwelling units in a duplex. A two-family semidetached building counts as four dwelling units for density purposes. When lotted, two dwelling units are on each lot.
[Added 7-25-2006 by Ord. No. 06-09]
C. 
SINGLE-FAMILY ATTACHED DWELLING UNITA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprised of at least three dwelling units. This dwelling type shall include, but not be limited to, dwelling units commonly known as townhouses, rowhouses, triplexes, quadruplexes, and multiplexes.
[Amended 7-25-2006 by Ord. No. 06-09]
(1) 
TOWNHOUSE (ROWHOME)A single-family attached dwelling in a row of at least three units, with each dwelling unit occupying the area from ground to root, with individual outside access.
(2) 
MULTIPLEXAn attached dwelling arranged in a group of no more than six units, in a variety of configurations: side-by-side, back-to-back, or vertically. Because of the variety of configurations, a multiplex can be designed to look like a large, single-family detached house, a feature which is encouraged by this chapter.
(3) 
ATRIUM HOUSEA single-family attached dwelling with the following characteristics:
(a) 
An atrium created by building walls and freestanding walls as a private outdoor area for each dwelling unit, with minimum dimensions of 20 feet in width and 500 square feet in area.
(b) 
All essential living areas contained on one story, with windows and/or doors providing access to the atrium. Walls of adjoining dwelling units shall not have window or doorway access to the neighboring atrium.
D. 
MULTIFAMILY BUILDINGA detached residential building containing three or more dwelling units. Units may not be arranged entirely in horizontal rows (like townhouses), and are generally located entirely above or below one another. Units may share outside access and/or internal hallways, lobbies, and similar facilities. The dwelling units cannot be individually lotted, but instead share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as rental or condominium development. This dwelling type includes garden apartments, flats, and multifamily conversions.
E. 
APARTMENTA single dwelling unit in a multifamily building; a single dwelling unit in a duplex may also be referred to as an apartment.
F. 
MANUFACTURED HOMEA structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a single-family detached dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Manufactured homes shall comply with "The Manufactured Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development (HUD). For zoning purposes, manufactured homes are regulated under Article III, § 170-38.1, Installation of manufactured homes, and a mobile home shall be considered a manufactured home. This definition specifically excludes motor homes, travel trailers, and recreational vehicles.
[Added 7-25-2006 by Ord. No. 06-09]
DWELLING UNIT
One or more rooms, designed, occupied or intended to be occupied, whether permanently or seasonally, as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household.
EASEMENT
A vested or acquired right to use land other than as a tenant, for a specific purpose, such right being held by someone other than the owner who holds title to the land.
ELEVATION
A. 
A vertical distance above or below a fixed reference level.
B. 
A flat scale drawing of the front, rear or side of a building.
EXPLOSIVE MATERIAL
A material which produces flammable or explosive gases or vapors under ordinary temperature conditions, and includes liquids which have a closed cup flash point of less an 105° F.
FAMILY
A. 
Any number of individuals living together on a nontransient basis as a single housekeeping unit and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption, including any number of foster children; no more than five unrelated individuals living together as a single housekeeping unit and doing their cooking on the premises, except when an application for a special exception to enable a greater number of unrelated individuals to occupy a dwelling unit is reviewed and approved by the Zoning Hearing Board, as provided herein.
B. 
Notwithstanding the definition in the preceding paragraph, a family shall also be deemed to include any number of mentally or physically handicapped persons occupying a dwelling unit as a single, nonprofit housekeeping unit if such occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the "Fair Housing Act of 1988." Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.
FAMILY DAY-CARE HOME
See "day-care facilities."
FENCE
A structure that is an artificially constructed barrier of any material or combination of materials erected to enclose, screen or decorate areas of land. "Fences" shall not have any building walls, floors, or roofs.
A. 
BOUNDARY FENCEA fence lying parallel to a property line for the purpose of enclosing a parcel of ownership.
B. 
DECORATIVE FENCEA fence which is located in any yard of a parcel, and designed to be aesthetically attractive.
C. 
PRIVACY FENCEA fence which is located in a residential zoning district or lot, and is intended to block from view portions of a lot for outdoor living areas.
D. 
PROTECTIVE FENCEA fence for the enclosure of nonresidential properties and uses, for preventing entry into a commercial swimming pool, for providing a safety barrier from dangerous commercial or manufacturing activities, for security from theft or vandalism, or for enclosing an attractive nuisance.
E. 
RESIDENTIAL SWIMMING POOL FENCEA fence which encloses a residential swimming pool, in accordance with Lower Frederick Township ordinance.
F. 
TEMPORARY FENCEA fence for the enclosure of construction activities, or abandoned or condemned properties.
G. 
WALLA fence that is constructed of masonry or stone.
FLAMMABLE
Subject to easy ignition and rapid flaming combustion.
FLOODPLAIN-RELATED TERMS
A. 
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared. For the purposes of this chapter, it shall be the one-hundred-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration.
B. 
BASE FLOOD ELEVATIONThe one-hundred-year-flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain, or other similarly documented areas, the one-hundred-year-flood elevation shall be established as a point on the boundary of the floodplain nearest to the construction site in question.
C. 
COMPLETELY DRY SPACESpace which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
D. 
ESSENTIALLY DRY SPACESpace 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.
E. 
FEMA and FIAThe Federal Emergency Management Agency and the Federal Insurance Administration who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.
F. 
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
G. 
FLOODPROOFINGAny 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. Such measures are set forth in Flood Proofing Regulations published by the Office of the Chief Engineers, U.S. Army, publication number EP 1165 2 314 (June 1972 and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the Completely Dry Spaces (W1) and Essentially Dry Spaces (W2) classes referenced in these regulations. In said publication where reference is made to "below" (or above) the "BFD" (base flood datum) it shall be interpreted as meaning below (or above) the base flood elevation.
H. 
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this chapter, it also delineates floodplain areas.
I. 
FLOOD INSURANCE STUDYThe examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this and other ordinances.
J. 
FLOODPLAINA relatively flat or low land area adjoining a stream, river, or watercourse, which is subject to partial or complete inundation during a one-hundred-year flood, or any area subject to the unusual and rapid accumulation of surface water from any source; also referred to as flood-prone area.
K. 
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
L. 
FLOODWAYThe channel of a river or other watercourse and the adjacent land area required to carry and discharge a flood of the one-hundred-year magnitude as specifically defined in this chapter.
M. 
ONE-HUNDRED-YEAR FLOODA flood that has one chance in 100, or a 1% chance, of being equaled or exceeded in any one year. For the purposes of this chapter, the one-hundred-year flood (base flood) is as defined by the Federal Insurance Administration in the Flood Insurance Study.
N. 
REGULATORY FLOOD ELEVATIONThe one-hundred-year-flood elevation plus a freeboard safety factor of 1 1/2 feet.
O. 
(1) 
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred.
(2) 
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(a) 
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(b) 
Any alteration of a structure listed on a National Register of Historic Places or a State Inventory of Historic Places.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls, or from the center line of a wall separating two buildings, but not including interior vehicular parking or loading, or any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA RATIO
The gross floor area of all buildings on a lot divided by the gross lot area.
FRONTAGE
The length of the lot line abutting a street right-of-way.
GROUNDWATER
The water that lies beneath the ground surface, filling the cracks, crevices, and pore space of rocks and soil.
[Added 12-7-2021 by Ord. No. 2021-06]
GROUP DAY-CARE HOME
See "day-care facilities."
GROUP HOME
A residential facility used as living quarters by any number of unrelated persons requiring special care, and their attendant adult supervisors, specifically designed to create a residential setting for the following types of individuals: juvenile delinquents, the mentally and physically impaired, and other similar uses as a special exception. The individuals may be either transient or permanent residents.
GUEST ACCOMMODATIONS
See "bed-and-breakfast," "hotel," "motel."
HEALTH CARE FACILITY
A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including a general hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, chronic disease hospital, maternity hospital, dispensary, home health care agency, personal care boarding home.
HEALTH CARE SERVICE
Establishment primarily engaged in furnishing medical, surgical, or other services to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental laboratories, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services.
HEIGHT OF BUILDING OR STRUCTURE
[Amended 6-2-2015 by Ord. No. 15-04; 2-7-2023 by Ord. No. 2023-01]
A. 
For principal buildings and accessory buildings/structures meeting the principal structure setbacks: 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; for gable, hip or gambrel roofs, measured to the average height between the eaves and ridge. Residential chimneys, mechanical penthouses, and similar projections not intended for human occupancy shall be excluded.
B. 
For all other buildings and structures: the vertical distance measured from the average elevation of the existing grade at the location of the building/structure to the highest point of the building/structure.
HELIPORT, COMMERCIAL
A landing area for helicopters which includes facilities for fueling, repair, and storage of helicopters and which is licensed by the PADOT.
HELIPORT, PERSONAL USE
A helicopter landing area (sometimes known as a helistop) licensed by the Pennsylvania Department of Transportation (PADOT) for the purpose of picking up or discharging passengers or cargo. No fueling, helicopter repair or storage area(s) are permitted in conjunction with the operation of a personal use heliport.
HERITAGE TREE
[Added 12-7-2021 by Ord. No. 2021-06]
A. 
Any tree greater than 30 inches DBH shall be considered a heritage tree regardless of species, except that any tree of the species specified below shall be considered a heritage tree where greater than 24 inches DBH.
Tree
Botanical Name
Common Name
Aesculus hippocastanum
Common horsechestnut
Betula pendula
White birch
Betula lenta
Black birch
Carya cordiformis
Bitternut hickory
Carya glabra
Pignut hickory
Carya ovata
Shagbark hickory
Carya tomentosa
Mockernut hickory
Juglans cinerea
Butternut walnut
Liquidambar styraciflua
Sweetgum
Quercus montana
Chestnut oak
Quercus prinoides
Chinquapin oak
B. 
In the context of a subdivision or land development review or in consideration of any application for approval of a special exception, variance, or conditional use, and upon the recommendation of a qualified forester or equivalent professional, the Township may designate as additional heritage trees, any tree or other plant selected as uniquely representative of a class or group in terms of size, shape, form, age, historical importance, scenic qualities, visual prominence or other characteristics. Trees or other plants determined to be dead or diseased or in any manner constituting a safety hazard shall not be considered heritage trees.
HISTORIC RESOURCE
A building, structure, object, site, landscape, or archaeological artifact that has been identified as nationally and/or locally historically significant in its community context and/or has an unique historical, architectural or patriotic interest or value, including, but not limited to, a resource listed on the National Register of Historic Places as maintained by the National Park Service or having received a Determination of Eligibility from the Pennsylvania Historical and Museum Commission or listed on any Commonwealth, county, or Township historic sites survey.
[Added 2-7-2023 by Ord. No. 2023-01]
HOME OCCUPATION
The accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts on a residential site, pursuant to the provisions of § 170-25 of this chapter. The use is incidental and secondary to the use of the dwelling for residential purposes, a and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.
HOTEL
An establishment providing transient accommodations, containing five or more rental rooms or suites, where access to rooms is provided through a lobby and internal hallways and the building height is more than two stories. Meeting rooms, banquet facilities and ancillary commercial shops are often provided within the building, with internal hallway access.
HOT TUB
A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product. Portable hot tubs/spas include structures manufactured and purchased for this purpose and shall be designed and constructed in conformance with ANSI/NSPI-6 Standard for Portable Spas, as most recently amended, or other standard deemed appropriate by the Township.
[Added 6-2-2015 by Ord. No. 15-04]
HYDRIC SOILS
A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation as listed in the most current soil survey of Montgomery County and Philadelphia, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service. Wetlands vegetation are those plant species that have adapted to the saturated soils and periodic inundations occurring in wetlands.
[Added 12-7-2021 by Ord. No. 2021-06]
IMPERVIOUS COVERAGE OR IMPERVIOUS SURFACE
Coverage of the site by materials which cannot be penetrated by water and which therefore results in a stormwater runoff of 100%. Included are all buildings and all forms of paving used for roads, driveways, parking and loading areas, walks, courts, patios, etc.
[Amended 10-3-2023 by Ord. No. 2023-03]
IMPROVEMENTS
The physical additions, installations and changes required to render land suitable for the use proposed, including streets, curbs, sidewalks, utilities, and drainage facilities.
INDUSTRY
Those fields of economic activity including forestry, fishing, hunting and trapping, mining, construction, manufacturing, transportation, communication, utility services, and wholesale trade.
INTERIOR LOT
An existing lot that has no street frontage and has setbacks all around. Setbacks for an interior lot should be the side yard setback of lots in the zoning district that the lot is in.
[Added 6-2-2015 by Ord. No. 15-04; amended 2-7-2023 by Ord. No. 2023-01]
INTERMEDIATE CARE FACILITY
A facility that provides nursing care and related medication or other personal health services on a regular basis to individuals who do not require a degree of care or treatment which a hospital or skilled nursing care facility is designed to provide, but who, because of their mental or physical disability, require hospital or skilled nursing services within the context of a planned program of care and administrative management, supervised on a continuous twenty-four-hour basis in an institutional setting. (See "skilled nursing care facility" and "personal care facility.")
INVASIVE PLANTS
Those plants defined and listed by the Pennsylvania Department of Conservation and Natural Resources (DCNR) as those species that are not native to the state, grow aggressively, spread quickly, and displace native vegetation. Invasive plants are generally undesirable because they are difficult and costly to control and can dominate entire habitats, making them environmentally destructive in certain situations. New species cross state borders and some plants that have been in the state for decades may suddenly become invasive due to changing land uses, changes in weather or climate, or genetic reasons, so the list of plants meeting this definition may change over time and will be updated periodically.
[Added 12-7-2021 by Ord. No. 2021-06]
KENNEL
Any structure or premises in which more than six dogs or other domesticated small animals more than one year old are housed, groomed, bred, boarded, trained or sold.
JUNK
Includes refuse, rubbish, scrap, and debris, whether recyclable or not, and made from any or all material other than solid waste as defined herein. It shall not include refuse or garbage kept in proper containers for the purposes of prompt disposal.
JUNKYARD
Any outdoor establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling junk, including junked motor vehicles and their parts.
LAKES and PONDS
Natural or artificial bodies of water 1/4 acre or larger (at their largest extent) which retain water year-round. Artificial lakes or ponds may be created by dams, or result from excavation.
[Added 12-7-2021 by Ord. No. 2021-06]
LAND DEVELOPMENT
A. 
Any of the following activities:
(1) 
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(a) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(b) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.
(2) 
A subdivision of land.
B. 
The following activities shall not be considered land development:
(1) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(2) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
LAND DISTURBANCE
Any activity involving the clearing, cutting, excavating, filling, or grading of land or any other activity that alters land topography or vegetative cover.
[Added 12-7-2021 by Ord. No. 2021-06]
LANDOWNER
The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he/she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LOADING SPACE
A space, accessible from a street, in a building or on a lot, for the temporary use of vehicles while loading or unloading materials or merchandise.
LOT
A designed parcel, tract, or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
LOT AREA, DEVELOPABLE
The gross lot area excluding areas of public and private rights-of-way, access easements, access strips, and natural features as determined using the method in § 170-41 of this chapter.
LOT AREA, GROSS
Calculated land area contained within the deeded boundaries of a lot.
LOT, FLAG
A lot which conforms in all respects to the dimensional requirements of the zoning district in which it is located, except that the only road frontage and access is limited to an access strip. This definition does not include the commonly used wedge-shaped lots located on a cul-de-sac turnaround. Also known as a rear or interior lot.
LOT LINE
Any property boundary line of a lot, further defined as follows:
A. 
FRONT LOT LINE The line identical with the legal right-of-way line.
B. 
REAR LOT LINEThe line or lines most nearly parallel or concentric to the front lot line.
C. 
SIDE LOT LINESThe lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable. The remaining line shall be considered the rear lot line.
D. 
A lot which fronts on more than one street shall have a front lot line on each street frontage.
LOT WIDTH
The horizontal distance between side lot lines, measured at the building line, parallel or concentric to the ultimate right-of-way line. For a corner lot, lot width shall be measured parallel or concentric to the ultimate right-of-way line of the higher classification of street, where applicable.
MANUFACTURING
The process or operation of making wares or products from raw materials by hand or by the use of machine(s).[4]
MODULAR HOME
A single-family dwelling unit for permanent occupancy, made by assembling one or more factory-produced, three-dimensional sections into one integral building, not capable of easily being separated for repeated towing, whose construction materials must conform to those of conventionally-built units, as required by the Township's building code,[5] and must be placed on a permanent foundation. A copy of the Structural Engineering Bulletin(s) must be provided to the Board of Supervisors, indicating approval of the dwelling or its components by the U.S. Department of Housing and Urban Development.
MOTEL
An establishment providing transient accommodations, containing more than five rental rooms or suites, where access to rooms is from directly outside the building. Building height is typically only one or two stories, and the facility is generally served by a central office rather than a lobby.
MOTOR VEHICLES
All vehicles propelled or drawn by power other than muscular power and intended for use on public highways or in agricultural activities.
MOTOR VEHICLE SALES
A commercial use for the sale and repair of motor vehicles, including new and used cars, trucks, recreational vehicles, and/or farm equipment; having both indoor and outdoor display areas, and providing maintenance and repair services for vehicle owners.
MUNICIPAL WASTE LANDFILL
A facility using land for disposing of municipal waste as described and permitted under 25 Pa. Code, Article VIII, Municipal Waste. The facility includes land affected during the lifetime of operations including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a construction/demolition waste landfill or a facility for the land application of sewage sludge.
[Added 7-5-2005 by Ord. No. 05-08]
NATURAL FEATURE
A component of a landscape existing or maintained as part of the natural environment and having ecological value in contributing beneficially to, among other things, air quality, erosion control, groundwater recharge, noise abatement, visual amenities, growth of wildlife, human recreation, reduction of climatic stress and energy costs.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of the zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in the zoning ordinance or amendment heretofore or hereafter enacted, where such structure 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. Such nonconforming structures include nonconforming signs.
NONCONFORMING USE
A use, whether of land or of a structure, which does not comply with the applicable use provisions in the 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.
NURSING HOME
See "skilled nursing care facility."
OCTAVE BAND
A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
OPEN LAND
Same meaning as "open space."
[Added 2-7-2023 by Ord. No. 2023-01]
OPEN SPACE
Public or private lands designated for the use and enjoyment of Township residents and/or the general public, incorporating natural features such as woodland, stream, or meadows, and including Township parks, trails, and other recreational facilities. Also includes common open space as defined below, and other private lands which are available for the use of Township residents (i.e., through access easements).
OPEN SPACE, COMMON
A parcel or parcels of land within a development site designed and intended for the use or enjoyment of the residents of the development, not including streets, off-street parking areas, and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such recreational facilities for residents as are shown in the approved development plan.
PARK
Any area which is predominately open space, is used principally for active or passive recreation, and is not used for a profit-making purpose.
PARKING FACILITIES
Outdoor areas or specially designed buildings or garages used for the storage of vehicles.
PARKING SPACE
An open or covered area with a dust-free, all-weather surface for the storage of one automobile, accessible via a driveway.
PARTICULATE MATTER
Material other than water which is suspended in or discharged into the atmosphere in a finely divided form, as a liquid or solid.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
The Municipalities Planning Code, originally enacted as Act 247 of 1968,[6] which establishes the basic authority for the exercise of municipal land use controls in Pennsylvania. All subsequent amendments are included. Abbreviated as "MPC" or "Act 247."
PERMIT
A document issued by the proper authority authorizing the applicant to undertake specified activities. See Article XXI of this chapter for specific requirements regarding the following permits:
A. 
BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with construction provisions of the building code[7] and which authorizes an applicant to commence with said construction, alteration, or reconstruction.
B. 
USE AND OCCUPANCY PERMITGenerally, a permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of this chapter; or issued in approval of reoccupancy, a new use, or a change in use of buildings or land, indicating compliance with the this chapter. Informally known as a "zoning permit."
PERSON
An individual, proprietorship, partnership, corporation, association, or other legal entity.
PERSONAL CARE FACILITY
A premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, and who do not require the services of a skilled nursing or intermediate care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet or medication prescribed for self-administration. Sometimes known as "assisted living." (See "skilled nursing care facility" and "intermediate care facility.")
PERSONAL SERVICES
A business which provides a service oriented to personal needs, and not primarily involving retail sales of goods or professional advisory services. Includes barber, beauty salon, bakery, tailor, dressmaker, shoe repair, photographer, travel agent, jewelry and watch repair, or similar service uses.
PLAN
A graphic representation of a proposal for subdivision and/or land development, including necessary written notes.
PLANNING COMMISSION
The Lower Frederick Township Planning Commission.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the lot on which it is located.
PRINCIPAL USE
The single dominant use or single main use on a lot.
PROFESSIONAL OFFICE
A building in which services are performed by a member of a profession, including an accountant, architect, author, community planner, dentist, engineer, insurance agent, landscape architect, lawyer, minister, notary, optometrist, physician, realtor, or undertaker.
PROPERTY LINE
A recorded boundary of a lot. Any property line which abuts a street or other public way shall be measured from the right-of-way.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board of Supervisors, Planning Commission or other Township agency, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, as amended.[8]
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act"[9] ("...any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency, held for the purpose of deliberating agency business or taking official action").
PUBLIC NOTICE
Notice published once a week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RECREATIONAL FACILITIES
Improvements and/or equipment located within a community, development, and/or subdivision which are to be publicly owned; owned, leased, and/or managed by a community association, homeowners' association, condominium association, or other similar entity; or intended and held for recreational use by members of the community, development, subdivision, or the public as a whole; including, but not limited to: playgrounds and tot lots; recreational/play fields; sports fields (soccer, baseball, lacrosse, football, etc.); recreational and fitness trails; courts (basketball, volleyball, tennis, shuffleboard, bocce, etc.); skate parks; swimming pools; and other similar facilities.
[Added 11-3-2021 by Ord. No. 2021-04]
RELATIVE
A parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half-brother, half-sister, stepbrother, stepsister, first cousin, aunt, uncle, niece, or nephew.
RIPARIAN BUFFER
An area adjoining lakes, ponds, and watercourses. These areas intercept surface runoff, subsurface flow, and deeper groundwater flows from upland sources and remove and buffer the effects of associated nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters or groundwater recharge areas.
[Added 12-7-2021 by Ord. No. 2021-06]
SALVAGE
See "waste."
SANITARY SEWER SYSTEM
A centralized sanitary sewer system or a comparable common or package sanitary sewer facility approved by the appropriate governmental health agency.
SATELLITE DISH ANTENNA
A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVRO's (television reception only) and microwave antennas.
SATELLITE USE
A commercial establishment in a shopping center, located in a freestanding building independent of other buildings, and frequently near the road frontage of the center. Satellite uses are generally characterized by a need for nearby parking, rapid customer turnover, and vehicular service bays or drive-through services.
SEASONAL HIGH WATER TABLE
The part of the soil or underlying rock material that is wholly saturated with water at the highest average depth during the wettest season of the year.
SEWAGE FACILITIES, CENTRAL
A sewage disposal system in compliance with all state and local regulations, approved by the Pennsylvania Department of Environmental Protection and applicable sewer authority, and providing service to multiple customers. Includes public sewer facilities and common sewage facilities.
SEWAGE FACILITIES, COMMON
A sewage disposal system independent of the public sewer system, serving more than one residence or business through a community treatment plant, land application system, or similar "satellite" system.
SEWER FACILITIES, PUBLIC
The central sewage system operated by a municipal authority.
SHOPPING CENTER
A group of commercial establishments, planned and developed as an integrated architectural and functional unit, providing convenient on-site parking and controlled, common vehicular and pedestrian access.
SIGN
Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Sign types and sign-related terms are further defined in Article XVIII of this chapter.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a contiguous land area as one or more lots by one owner, whether a person, partnership, corporation, or other legal entity, irrespective of the fact that parts of the land may have been acquired at different times or that the area may have been divided into parts on any plan or plat.
SITE
One or more areas, parcels, lots, tracts, properties, or pieces of land intended to have one or more buildings or structures constructed upon it (them); intended to be subdivided into one or more lots or units; and/or otherwise subject of a land development application, permit application, appeal, or another type of improvement regulated by this Chapter 170.
[Added 2-7-2023 by Ord. No. 2023-01]
SITE AREA
All land within the site as defined in the deed(s). This area shall be determined from an actual site survey rather than from a deed description.
[Added 2-7-2023 by Ord. No. 2023-01]
SKILLED NURSING CARE FACILITY or NURSING HOME
A premises in which nursing care and related medical or other health services are provided, for a period exceeding 24 hours, for two or more individuals, who are not relatives of the operator, who are not acutely ill or in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity need such care. (See "intermediate care facility" and "personal care facility.")
SLOPE
The deviation of a surface from the horizontal, usually expressed in percent or degrees.
[Added 12-7-2021 by Ord. No. 2021-06]
SOIL SURVEY
The Montgomery County Soil Survey of 1967, prepared by the Soil Conservation Service of the United States Department of Agriculture.
SOLID WASTE DEFINITIONS
See § 170-37 of this chapter.
SPECIAL EXCEPTION
A form of permitted use, authorized by this chapter, under the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board is empowered to grant permission for special exceptions, consistent with the public interest, in compliance with standards and procedures established in this chapter.
STEEP SLOPE
A grade of 15% or greater as determined by the soil survey or accurate contour mapping.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and ceiling next above it and including those basements used for the principal use.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET LINE
A line identical with the ultimate right-of-way line.
STREET RIGHTS-OF-WAY
Rights-of-way for street purposes are defined as follows:
A. 
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a plan is submitted.
B. 
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected to be necessary for adequate handling of anticipated maximum traffic volumes, as defined by Chapter 145, Subdivision and Land Development.
C. 
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in Chapter 145, Subdivision and Land Development.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the ground.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL CONSTRUCTION
Construction on an approved project is recognized as having begun when foundation footings are poured or other structural supports are installed and such footings or supports have passed any required inspection.
SUPERVISORS
The duly elected governing body of Lower Frederick Township. Also known as the Board of Supervisors.
SWALE
A depression in the ground that channels runoff.
[Added 12-7-2021 by Ord. No. 2021-06]
SWIMMING POOL
A body of water or receptacle for water having a depth at any point greater than 30 inches which is primarily used or intended to be used for swimming or bathing.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for Lower Frederick Township by the Board of Supervisors.
TRACT
Same meaning as "site."
[Added 2-7-2023 by Ord. No. 2023-01]
TRAFFIC-RELATED DEFINITIONS
See § 170-36 of this chapter.
TREE PROTECTION ZONE (TPZ)
An area that is radial to the trunk of a tree in which no construction activity, grading or other soil disturbance, dumping or storage of materials/soil/rock, driving or parking of vehicles, nor any other activity that could harm this natural resource shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained, or one foot outside of the dripline for the tree, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.
[Added 12-7-2021 by Ord. No. 2021-06]
ULTIMATE RIGHT-OF-WAY LINE
The dividing line between a lot and the outside limit of the ultimate right-of-way of a public street. Identical with "street line." (See "street rights-of-way.")
UTILITY FACILITY
Aboveground structure or facility (other than buildings, unless such buildings are used for storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, corporation, or any entity defined as a public utility for any purpose by the Pennsylvania Public Utilities Commission and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or communication signals. Excepted are utility transmission lines and supporting structures.
VARIANCE
The granting of permission by the Zoning Hearing Board to use or alter land or structures which requires a variation from the strict application of a requirement of this chapter. Variances are granted only if specific requirements are met, in accordance with the provisions of this chapter.
VEGETATIVE COVER
The land area devoted to vegetative coverage, including lawns, trees, shrubs, flowers, and gardens.
VEHICLE DISPLAY AREA
An open area, other than a street or parking area, used for display, sale, or rental of new or used motor vehicles, recreational vehicles, or boats in operable condition, and where no major repairs are done.
VISUAL SCREEN
A barrier whose purpose is to obscure a view; generally comprised of plant materials suitable for the purpose.
WAREHOUSE
A building or group of buildings primarily used for the commercial storage, transfer, and distribution of products and materials.
WAREHOUSE, MINI
A building or group of buildings situated in a controlled-access compound which are divided into individual separate access units which are rented or leased for the storage of tangible personal property.
WATERBODY
A natural or man-made area containing and retaining water year round, such as a pond or lake.
WATERCOURSE
Any natural or artificial river, stream, creek, brook, canal, channel, ditch, swale, or similar place intended or used for the directed surface flow of water, in which water flows in a definite direction or course, either perennially, intermittently, or ephemerally, and has a definite channel, bed, and banks and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
[Amended 12-7-2021 by Ord. No. 2021-06]
A. 
EPHEMERAL WATERCOURSEA watercourse which has flowing water only during, and for a short duration after, precipitation events in a typical year. The beds of ephemeral watercourses are located above the water table year round, and groundwater is not a source of water for the watercourse. Runoff from rainfall is the primary source of water for this type of watercourse.
B. 
INTERMITTENT WATERCOURSEA watercourse which has flowing water during certain times of the year, when groundwater provides water for flow. During dry periods, intermittent watercourses may not have flowing water. Runoff from rainfall is a supplemental source of water for this type of watercourse.
C. 
PERENNIAL WATERCOURSEA watercourse which has flowing water year round during a typical year. The water table is located above the bed of the watercourse for most of the year. Groundwater is the primary source of water for flow. Runoff from rainfall is a supplemental source of water for this type of watercourse.
WATER SUPPLY SYSTEM
A system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the local authorities. Includes public water facilities and common water facilities.
WETLANDS
Those areas that are inundated and 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; includes swamps, marshes, bogs, and similar areas. (The term includes, but is not limited to, wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and a wetland area designated by a river basin commission.) Development in wetlands is regulated by the U.S. Army Corps of Engineers and the Pennsylvania Department of Environmental Protection. Wetlands shall be delineated by a professional soil scientist/engineer and shall be determined by current standards established by the U.S. Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection. Identification of wetlands should be based upon wetland delineation methodologies outlined in the 1987 Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and the Eastern Mountains and Piedmont Regional Supplement (USACE 2012b).
[Amended 12-7-2021 by Ord. No. 2021-06]
WETLANDS MARGIN
A transitional area extending from the outer limits of the wetlands, as defined in this chapter. Wetlands margins serve to filter pollutants, reduce stormwater velocities, provide for floodwater storage, provide wildlife habitat (which may include endangered and threatened species), facilitate groundwater recharge and allow for slight variations of the wetlands boundary seasonally or over time. For the purpose of this chapter, the wetlands margin shall extend 50 feet from the outer boundary of any wetland.
[Added 12-7-2021 by Ord. No. 2021-06; amended 2-7-2023 by Ord. No. 2023-01]
WHOLESALE BUSINESS
Places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WOODLANDS
Land containing areas, groves, or stands of mature or largely mature trees (trees with a DBH of eight inches or greater) that form a continuous canopy covering an area of 1/4 of an acre or more, as measured from the CRZ of the outer trees; or groves or stands of mature trees (trees with a DBH of 12 inches or greater) consisting of 10 or more individual specimens forming a continuous canopy.
[Amended 12-7-2021 by Ord. No. 2021-06; 2-7-2023 by Ord. No. 2023-01]
YARD
The area(s) of a lot which must remain free of buildings or other structures, and may be used as lawn or planted area, parking or driveway space, in compliance with the provisions of this chapter. A yard is measured at right angles from the right-of-way or lot line to the nearest building wall. Architectural elements such as cornices, entrance hoods, overhangs, or eaves may extend no more than three feet into the required yard area. "Yard" is further defined as follows:
A. 
FRONT YARDA yard which extends across the full width of a lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the ultimate right-of-way line.
B. 
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
C. 
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line.
YARD LINE
A line which locates and delineates the minimum yard setback requirements, measured from the front, rear, and side lot lines.
ZONING OFFICER
The administrative officer charged by the Board of Supervisors with the duty of enforcing the provisions of this chapter.
[1]
Editor's Note: See Ch. 61, Construction Codes, Uniform.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[4]
Editor's Note: The original definitions of "mobile home," "mobile home lot" and "mobile home park," which immediately followed this definition, were repealed 7-5-2005 by Ord. No. 05-08.
[5]
Editor's Note: See Ch. 61, Construction Codes, Uniform.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See Ch. 61, Construction Codes, Uniform.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: Said Act was repealed 10-15-1998 by P.L. 729, No. 93. See now 65 Pa.C.S.A. § 701 et seq.