[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
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 all
other instances of like kind and character.
F.
The words "building" or "structure" 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.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005 and
by Ord. 5-2013, 8/7/2013; by Ord.
No. 02-2024, 2/21/2024]
Words and terms used in this Chapter shall have the meanings
given in this Part. 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.
For purposes of this Chapter, a nonconforming use shall be
presumed abandoned when it has been discontinued, with a clear intention
of not being resumed, for a period of at least one year. It shall
be presumed that a nonconforming use has not been abandoned if it
can be demonstrated that the use has been consistently in use or that
a genuine effort has been made to sell, lease, remodel, or otherwise
maintain the use.
A privately owned, constructed, and maintained vehicular
access from a public or private right-of-way to off-street parking
or loading spaces.
A piece of land which provides physical access to, and legal
road frontage for a lot, but which does not comply with the minimum
lot width regulations of this Chapter. Access strips provide access
to "flag," "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.
A structure or building detached from a principal building
on the same lot and customarily incidental and subordinate to the
principal building or use.
A use on the same lot and customarily incidental and subordinate
to the principal building or use.
See "acreage, net buildable."
The calculated land area contained within the deeded boundaries
of a lot.
The gross land area of the tract, minus all land contained
within the ultimate right-of-way of any existing roads abutting or
crossing the tract.
See "acreage, net."
See "Pennsylvania Municipalities Planning Code."
An extension or increase in floor area or height of a building
or structure.
Any premises operated for profit or not-for-profit in which
older adult daily living services, as defined herein, are simultaneously
provided for six or more adults who are not relatives of the operator.
The center is not permitted in a family residence.
Includes the following:
ADULT BOOK STORESAn establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, films for sale or viewing on premises by use of motion-picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with segment or section devoted to the sale or display of such material.
ADULT MOTION-PICTURE THEATERAn enclosed building used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.
ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators, or similar entertainers.
MASSAGE PARLORSAny place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, stimulating parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil, or other such item.
OTHER ADULT USESAny business, activity, or use similar to or of the same general nature as the uses listed above. This Section shall include, but shall not be limited to, rap centers, nude-wrestling studios, sensitivity centers, and escort bureaus, all of which exclude minors by virtue of age as patrons thereof.
A residential community consisting of single-family, semidetached
and/or single-family attached dwellings or multifamily dwellings which
shall be permanently occupied by at least one person who shall be
age 55 years or older and, providing further, that no persons under
the age of 19 years of age shall occupy any dwelling unit except as
a guest of the age-qualified resident and for a period not to exceed
not greater than six consecutive months.
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.
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.
A subordinate use that is controlled by a larger permitted
use. An example is a public garage (tires, batteries, and accessories)
or garden shop controlled by a department store.
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.
A metallic apparatus for sending or receiving electromagnetic
waves.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height. If the antenna or satellite dish is mounted on the roof of
a house or other building, the height shall be measured from the peak
of the roof to the top of the antenna or satellite dish.
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
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 or
buildings or other improvements on any parcel of land.
An underground bed or stratum of earth, gravel, or porous
stone that contains water.
The exposed ground level portion of an aquifer.
See "acreage, gross" or acreage, net."
A place of business where three or more coin-operated video
screen games or game machines of a similar nature are located.
A building containing a stage and seating for meetings and/or
performances.
Any premises used for supplying gasoline and oil, tires,
accessories and services for motor vehicles at retail direct to the
motorist consumer, including the making of automotive repairs.
The dismantling or disassembling of used motor vehicles or
recreation vehicles, or the storage, sale, or dumping of dismantled,
partially dismantled, obsolete, or wrecked vehicles or their parts.
Financial or fiduciary institution, including savings and
loan, finance companies, credit unions and other similar institutions.
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.
A residential use consisting of one dwelling unit together
with no more than seven rooms or suites that are rented to overnight
or weekly guests and where meals are prepared for the guests by the
proprietors. The rented rooms do not contain kitchen facilities and
do not constitute separate dwelling units.
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.
A building consisting of a single dwelling unit and no more
than five rooms or suites, where lodging is provided with or without
meals to tenants for periods generally longer than 30 days, for compensation.
An area designed and functioning to separate the elements
and uses of land, which abuts it, and to ease the transition between
them. Unless otherwise specified, a buffer may be included as part
of the required setbacks and yard areas.
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 structure or building" and "principal building.")
The Building Inspector or other person officially appointed
by the Borough Council to administer and enforce the Borough Building
Code.
The ration obtained by dividing the maximum horizontal cross-section
of all principal and accessory buildings on a lot (including balconies,
covered porches, carports and breezeways, but excluding patios and
decks) by the total area upon which the buildings are located.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side, and rear yard areas, and encompasses the area of the lot not
found in the yard areas and rights-of-way.
See "Building Code Official."
The line which serves as the rear boundary of the minimum
front yard and which is used for the purpose of measuring lot width
(see also "yard line").
Tree diameter measured 2 1/2 feet from the ground.
A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units of the general
public as temporary living quarters for recreation, education or vacation
purposes.
The person responsible for the direct care, protection, supervision,
and guidance of individuals in a day-care setting.
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
The paved portion of a street or highway designed for vehicular
traffic.
That portion of a building, which is partly or completely
below grade, and having more than 1/2 of its height below grade (see
"basement").
A tract or parcel of land that contains the cellular communication
antenna, its support structure, accessory building(s), and parking,
and may include other uses associated with and ancillary to cellular
communication transmission.
A mobile radio-telephone, often in an automobile, that uses
a network of short-range transmitters located in overlapping cells
throughout a region, with calls automatically switched from one transmitter
to the next as the caller enters an adjoining cell. A central station,
known as a "cell site," switches the calls and makes connections to
regular telephone lines.
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.
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.
A person under 18 years of age.
The following types of child day-care facilities are regulated
by this Chapter:
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.
FAMILY DAY-CARE HOMEAny premises other than the child's own home, in which child day care is provided at any one time for up to six children who are not relatives of the caregiver, and where the child-care areas are being used as a family residence.
One or more buildings or structures that by design and construction
are primarily intended for the conducting of organized religious services
and accessory uses associated therewith.
The temperature at which a liquid sample produces sufficient
vapor to flash, but not ignite, when in contact with a flame in a
closed cup tester.
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.
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 not be part of individual
residential lots, and shall be substantially free of structures but
may contain such recreational facilities for residents as are shown
in the approved development plan.
That area which is set aside for public use and enjoyment
as part of a planned commercial center or mixed-use office and commercial
development, where required by this Chapter. A common use area may
contain green area, recreation facilities, courtyards, plazas, and
other public amenities, but shall be substantially free of structures.
The Conshohocken Borough Comprehensive Plan and amendments
thereto, including maps, charts, and/or descriptive matter officially
adopted by the Borough Planning Commission and Borough Council, indicating
recommendations for the continuing development of the municipality
and including all elements required by the Pennsylvania Municipalities
Planning Code.
A form of permitted use, authorized by this Chapter, under
the jurisdiction of the Borough Council. The Borough Council 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.
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.
The erection, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Sharing a boundary for purposes of this Chapter, properties
on opposite sides of a public right-of-way shall not be considered
contiguous.
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.
A lot having contiguous frontage on two or more intersecting
roads.
The County of Montgomery, Commonwealth of Pennsylvania.
A drain, ditch, or conduit not incorporated in a closed system,
that carries drainage water under a driveway, roadway, or paved area.
An amendment, submitted either by a citizen or by the municipality,
to be considered by the Borough Council as a potential cure for a
successful challenge to the substantive validity of a land use ordinance.
A substantive challenge to the validity of the land use ordinance
and/or map, brought before the Zoning Hearing Board for consideration.
See "child day-care facility," "adult day-care center."
A unit which describes the sound pressure level of intensity
of sound. A sound level meter is calibrated in decibels.
An elevated platform constructed no higher than the elevation
of the first floor of a dwelling building, and attached to the rear
or side of such dwelling, which is designed to provide outdoor living
area, but having no roof or walls higher 42 inches in height.
A written instrument whereby an estate in real property is
conveyed by a grantor to a grantee.
A restriction upon the use of a property placed in a deed.
A deed in which, either expressly or by implication, the
grantor guarantees that the title which he undertakes to transfer
has not been previously conveyed by him and is free from defects and
that the property is unencumbered except as stated, and for himself
and heirs, agrees to defend and protect the grantee against any loss
which may be suffered by reason of the existence of any other title
or interest in the property existing at the time the deed was executed
and not accepted therein.
The number of dwelling units per net buildable acre.
A facility for the temporary storage of stormwater runoff.
Materials which decompose by detonation. Such materials include
explosives, unstable compounds, and fissionable matter.
A rapid build-up of a destructive pressure wave caused by
chemical reaction and/or the sudden release of energy.
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.
The provisions for guiding development, including a plan
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, parking facilities, ways, common open space and public facilities.
The termination of both a) the use or activity at the property
which had previously been permitted under this Chapter be it by variance,
special exception or as a nonconforming use and b) the intent to continue
such discontinued use or activity. A use or activity shall not be
considered discontinued if there is evidence of the intent on the
part of the owner or operator of such use or activity to continue
the said activity or use. Such evidence may include but is not limited
to active attempts to sell or market the use or activity, the maintenance
of any and all required permits and licenses for said use or activity,
and conformance with all applicable codes and property maintenance
ordinances.
The incineration, disposition, injection, dumping, spilling,
leaking, or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air, or is discharged
to the waters of the Commonwealth.
The natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
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.
A private cartway providing vehicular access between a public
street and a lot, property, or development.
See "solid waste disposal facility."
For the purposes of this Chapter, the following are the definitions
of the various types of dwelling units:
SINGLE-FAMILY DETACHED DWELLINGA dwelling designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.
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.
TWIN (SINGLE-FAMILY SEMI-DETACHED)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.
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.
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 comprising at least three dwelling units. Each dwelling unit may be individually lotted, or owned as a condominium. This dwelling type shall include, but not be limited to, dwelling units commonly known as "townhouses," "row houses," "triplexes," "quadruplexes," and "multiplexes."
TOWNHOUSE (ROW HOUSE)A single-family attached dwelling in a row of at least three units, with one dwelling unit from ground to roof, with individual outside access.
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.
MULTIFAMILY BUILDINGA detached residential building containing three or more dwelling units. Units may not be arranged entirely in vertical 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 a rental or condominium development. This dwelling type includes, but is not limited to, garden apartments, flats and multifamily conversions, as defined below.
MULTIFAMILY CONVERSIONA multifamily dwelling containing not more than four dwelling units, that results from the conversion of a single-family or two-family dwelling.
APARTMENTA single dwelling unit in a multifamily building; a single dwelling unit in a duplex or other multifamily dwelling may also be referred to as an "apartment."
One or more rooms, designed, occupied or intended to be occupied
as separate living quarters, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household.
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.
When determining the established building line to calculate the front yard setback of a building or structure, such setback shall be measured from the original front building wall of the existing, adjoining and adjacent structures and shall exclude all later additions, enclosed porches or other projections or modifications not original to the structure. (Refer to § 27-805 of this Chapter for permitted projections into required setbacks.)
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 than 105° F.
The official facade design guidelines of the Borough of Conshohocken.
The official facade design guidelines of the Borough of Conshohocken.
Any number of individuals living together on a non-transient
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. The definition of "family" shall not apply
to the occupants of a club, fraternity house, lodge or residential
club.
Notwithstanding the definition in the preceding subsection,
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 Amendments 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 subsection
(A) of this definition.
A use managed by a single operator who leases space for the
sale of fresh fruit and produce food products, meat and fish items,
plants and flowers, bakery goods, dairy products, delicatessen items,
and arts and crafts items. Such use may not exceed 13,000 square feet
of gross floor area.
Any restaurant, which is characterized by more than one of
the following features:
Orders are placed and received at a central counter or drive-through
window.
Orders are frequently packaged for takeout.
Orders may be consumed at tables or booths within the facility,
which must be cleared by customers.
Waiter/waitress service is not provided.
Menu selections are limited.
Disposable containers and utensils are used.
Subject to easy ignition and rapid flaming combustion.
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.
BASE FLOOD ELEVATIONThe one-hundred-year flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soil 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.
COMPLETELY DRY SPACESpace which will remain totally dry during flooding; the structure is designed and constructed to prohibit the passage of water and water vapor.
ESSENTIALLY DRY SPACEA 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.
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.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOOD INSURANCE RATE MAPThe official FIA map that shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this Chapter, it also delineates floodplain areas.
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.
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."
FLOODPLAIN DISTRICTSThose floodplain districts specifically designated in this Chapter as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), Flood-Fringe District (FF) and General Floodplain District (FA).
FLOODPLAIN MANAGEMENTThe application of a program or activities, which may consist of both corrective and preventive measures for reducing flood damages.
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.
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.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain district which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or is placed where the flow of the water might carry the same downstream to the damage of life and property.
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.
REGULATORY FLOOD ELEVATIONThe one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
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.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking and
loading, and all floor below the first or ground floor except when
used or intended to be used for human habitation or service to the
public. The area excluded as unusable may not exceed 15%.
A ratio derived by dividing the total (gross) floor area
of all buildings on a lot by the net buildable area of the lot.
A type of social organization whose members freely associate
for a mutually beneficial purpose such as for social, professional,
or honorary principles.
The length of the lot line abutting a street right-of-way.
In a development, green area includes all landscape features
such as planters, planted islands, landscaped buffers and screens,
lawn areas, woods, hedgerows, and any area that is not covered by
buildings or paving. It is available and used for retention and maintenance
of natural vegetation and for absorption of stormwater for groundwater
recharge. Decorative stone and mulch groundcovers may be included
if placed upon an earth surface.
A retail establishment which primarily sells food, but also
may sell other convenience and household goods, and which occupies
no more than 13,000 square feet of gross floor area. Such use shall
not include the sale of fuel.
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, expressed in
square feet and measured from the center line of partitions and from
outside wall faces. It is the space for which tenants pay rent, including
sales areas and integral stock areas. It does not include public or
common areas, such as public toilets, corridors, stairwells, elevator
lobbies, or enclosed mall spaces.
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 mentally and physically handicapped (as a permitted use),
or for other similar uses (as a special exception). The individuals
may be either transient or permanent residents. Any number of handicapped
persons, as defined in Title VIII of the Civil Rights Act of 1968,
as amended by the Fair Housing Amendments Act of 1988, have the right
to occupy a dwelling unit in the same manner and to the same extent
as any family unit.
See "bed-and-breakfast," "hotel" and "motel."
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, outpatient clinic, dispensary, home
health-care agency, or personal care facility.
Establishments 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,
out-patient care facilities, blood banks, and oxygen and miscellaneous
types of medical supplies and services.
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of a flat or multilevel roof or, for gable, hip or gambrel roofs,
to the mean height between the eaves and ridge. Chimneys, spires and
similar projections not intended for human occupancy shall be excluded.
Parapet wall, ornamental cupolas and domes not intended for human
occupancy may exceed the maximum building height not greater than
eight feet.
A landing area for helicopters which includes facilities
for fueling, repair, and storage of helicopters and which is licensed
by the PennDOT.
A helicopter landing area (sometimes known as a "helistop")
licensed by the Pennsylvania Department of Transportation (PennDOT)
for the purpose of picking up or discharging passengers or cargo.
No fueling, helicopter repair or storage area(s) are permitted in
conjunction with the operation of a personal use heliport.
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 Part 8 of this Chapter. The use is incidental and secondary to the use of the dwelling for residential purposes, 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.
An establishment providing transient accommodations, containing
a minimum of five rental rooms, and having the following characteristics:
Those housing units designed for and intended for occupancy
exclusively by those persons over the age of 62. Such units shall
include those projects developed under applicable federal and/or state
housing assistance programs. Such housing units shall contain appropriate
safety features pertinent to the needs of their residents and ancillary
recreational and other community facilities as an integral part of
their development concept. The developer of such housing units in
the Borough of Conshohocken must guarantee that said units would be
occupied solely by elderly residents as defined above. Furthermore,
elderly housing shall also be defined as consisting of the following
living arrangement types.
MULTIFAMILY INDEPENDENT ELDERLY HOUSINGA multiple-family dwelling designed exclusively for elderly residents living in separate dwelling units. Such residents, typically, do not require regular assistance or supervision in performing daily tasks.
PERSONAL CARE HOMEAny premises in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration. Sometimes known as "assisted living."
Coverage of the site by materials that cannot be penetrated
by water and which therefore results in stormwater runoff of 100%.
Included are:
All buildings.
All forms of impervious paving materials used for roads, driveways,
parking, loading, walks, courts, patios, etc. Non-permanent, aboveground
swimming pools are exempt from this definition, provided that there
is a minimum of two feet between the pool and any property line or
other structure on the property.
The physical additions, installations and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities, and drainage facilities.
Those fields of economic activity including forestry, construction,
manufacturing, transportation, communication, extraction, utility
services, and wholesale trade. (See "industry, light" and "industry,
heavy.")
Industrial activities which do not meet the definition of
"light industry."
Industrial or research and development activities which are
carried on entirely within an enclosed building, and involve no outdoor
processes or outdoor storage of primary raw materials.
Includes refuse, rubbish, debris and scrap, whether salvable
or not and made from any and all material other than solid waste as
defined by the Solid Waste Management Act and amendments, as would
normally be disposed of at a sanitary landfill as defined herein.
(See "salvage," "waste," "recyclable material.")
Any outdoor establishment or place of business which is maintained,
used, or operated for storing, keeping, buying or selling junk, and
for the purposes of this Section, the term shall include refuse, rubbish,
garbage and debris whether salvable or not and made of any or all
materials. It shall not include, however, refuse or garbage kept in
proper containers for the purposes of prompt disposal.
Any structure or premises in which more than six dogs or
domesticated small animals more than one-year old are housed, groomed,
bred, boarded, trained, or sold.
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams, or result from
excavation. The shoreline of such water bodies shall be measured from
the maximum condition rather than permanent pool if there is any difference.
Lakes are bodies of water two or more acres in extent. Ponds are any
water body less than two acres in extent.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
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
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.
A subdivision of land.
Except that the following activities shall not be considered
land developments:
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.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The legal or beneficial owner or owners of land including
the holder of an option of contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
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.
A contiguous tract, parcel, or unit of land held by a landowner
and/or intended for use, development, lease, or transfer of ownership,
and for which a deed description is recorded or is intended to be
recorded at the Office of the Recorder of Deeds for Montgomery County.
See "acreage, gross."
See "acreage, net"
Any property boundary line of a lot, further defined as follows:
Front lot line is the line identical with the ultimate right-of-way
line (also known as "street line").
Rear lot line is the line or lines most nearly parallel or concentric
to the front lot line.
Side lot lines are the lines most nearly perpendicular or radial
to the front lot line. On a corner lot, the side lot line shall be
the line or lines most nearly perpendicular or radial to the higher
classification of street, where applicable. The remaining line shall
be considered the rear lot line.
A lot which fronts on more than one street shall have a front
lot line on each street frontage.
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.
The process or operation of making wares or products from
raw materials by hand or by the use of machine(s).
A building designed to encourage a diversity of compatible land uses, which include a mixture of two or more of the following uses: residential, office, retail, recreational, and other uses as noted in § 27-2303.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one or more units, built on a permanent chassis,
which arrives at a site complete and ready for occupancy except for
minor and incidental unpacking and assembly operations, and constructed
so that it may be used with or without a permanent foundation. It
may not meet local building codes but does meet the standards of the
U.S. Department of Housing and Urban Development, as indicated by
the Structural Engineering Bulletin(s) provided to the Borough Council
by the applicant. This term does not include recreational vehicles
or travel trailers.
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.
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.
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 Borough's
building code, and must be placed on a permanent foundation. A copy
of the Structural Engineering Bulletin(s) must be provided to the
Borough Council, indicating approval of the dwelling or its components
by the U.S. Department of Housing and Urban Development.
An establishment providing transient accommodations, containing
a minimum of six rental rooms and having the following characteristics:
All vehicles propelled or drawn by power other than muscular
power and intended for use on public highways or in agricultural activities.
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.
Plants, trees and shrubs, which occurred within the State
of Pennsylvania before settlement by Europeans.
Any existing lawful building or structure that does not conform
to the height, location, size, bulk or other dimensional requirements
of the district in which it is located. This definition does not include
signs.
Any existing lawful lot which does not conform to the area
and/or width requirements for lots of the district in which it is
located, the development of which must otherwise conform to all applicable
requirements of this Chapter.
The existing lawful use of land and/or structures upon the
land, which does not conform to any of the permitted uses of the district
in which it is located.
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
Services provided or arranged for part of a twenty-four-hour
day to assist in meeting the needs, including, but not limited to,
personal care, social, nutritional, health and education needs, of
a population of persons who are predominantly 60 years of age or older
or who are under 60 years of age but who have a dementia-related disease,
such as Alzheimer's disease, as a primary diagnosis. The term does
not include services provided for persons whose needs are such that
they can only be met in a long-term care facility on an inpatient
basis, receiving professionally supervised nursing care and related
medical and other health services. (See "adult day-care center.")
Public or private lands designated for the use and enjoyment
of residents of a development and/or the general public, incorporating
natural features such as woodlands, streams, or meadows, and including
Borough parks, trails and other recreational facilities. Also includes
common open space, as defined above, and other private lands, which
are available for the use of Borough residents (i.e., through access
easements). (See "common open space.")
Any area that is predominantly open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
An open or covered area with a dust-free, all-weather surface
for the storage of one automobile, accessible via a driveway.
A building for the temporary or long-term storage of motor
vehicles, having two or more tiers or levels, and with the top tier
either roofed or open.
Material other than water, which is suspended in or discharged
into the atmosphere in a finely divided form, as a liquid or solid.
The Municipalities Planning Code, originally enacted as Act
247 of 1968, which establishes the basic authority for the exercise
of municipal land use controls in Pennsylvania. All subsequent amendments
are included. Abbreviated as "MPC" or "Act 247."
A document issued by the proper authority authorizing the applicant to undertake specified activities. See Part 3 of this Chapter for specific requirements regarding the following permits:
BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with construction provisions of the Building Code [Chapter 5] and which authorizes an applicant to commence with said construction, alteration, or reconstruction.
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 re-occupancy, a new use, or a change in use of buildings or land, indicating compliance with this Chapter.
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, tailor, dressmaker,
shoe repair, photographer, travel agent, jewelry and watch repair,
or similar service uses. It does not include a massage parlor or tattoo
parlor.
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
The Conshohocken Borough Planning Commission.
A roofed or unroofed structure projecting from the front,
side or rear wall of a building.
A structure attached to a dwelling providing outdoor living
space, which has a roof and supporting columns but which is open on
three sides and has no walls or railings higher than 42 inches. Unenclosed
porches may be screened but may not be winterized for year-round use.
A building in which is conducted the principal use of the
lot on which it is located.
The single dominant use or single main use on a lot.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such waste materials for off-site reuse. Processing
facilities include, but are not limited to, transfer facilities, composting
facilities, and resource recovery facilities.
A building in which services are performed by a member of
a profession, including an accountant, architect, author, dentist,
engineer, insurance agent, landscape architect, lawyer, notary, optometrist,
physician, planner, realtor, or similar occupations. This definition
shall not be construed to include medical offices, medical center
or health clinic.
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.
A formal meeting held pursuant to public notice by the governing
body, planning commission or other municipal agency, intended to inform
and obtain public comment, prior to taking action in accordance with
the Pennsylvania Municipalities Planning Code, as amended.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act." (". . .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.")
Notice published once a week for two successive weeks in
a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and 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.
A building or structure and its equipment, used for the transmission
and exchange of telephone, radio telephone, gas, power, sewer, and
water facilities; provided, however, that in a residential district
these shall not include public business facilities, storage of materials,
trucks, or repair facilities, or housing of repair crews.
An agency which, under public franchise or ownership, or
under certificate of convenience and necessity, provides the public
with communication, gas, power, rail transportation, sewer or water
facilities, or other similar service.
An antenna and attendant processing equipment for reception
of electronic signals from satellites.
Materials separated from municipal waste, which are to be
used as raw materials for the development of new usable products.
Recyclable materials can include the following items: newsprint, high-grade
office paper, glass, aluminum, steel and bimetallic cans, plastic,
corrugated paper and leaf wastes.
An establishment that is maintained or used or operated for
the purposes of temporarily storing and preparing scrap and/or discard
materials for consumption by other establishments whose operations
include producing products from recycled materials.
A spouse, parent, child, stepparent, stepchild, grandparent,
grandchild, brother, sister, half-brother, half-sister, step-brother,
step-sister, first cousin, aunt, uncle, niece, or nephew.
Lotting which extends between two streets of differing classifications,
with vehicular access provided from the lesser street, in order to
promote traffic flow and safety on the greater street.
Any discarded material or articles, including scrap metallic
or non-metallic items, whole or parts of vehicles and equipment, paper,
glass, containers, and structures, which is separated for industrial
processing or reprocessing and further used or re-used. (See "junk,"
"waste," "recyclable materials.")
See "solid waste disposal facility."
A centralized sanitary sewer system or a comparable common
or package sanitary sewer facility approved by the appropriate governmental
health agency.
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
orbital based uses. This definition is meant to include but not be
limited to what are commonly referred to as "satellite earth stations,"
"TVROs" (television reception only), and microwave antennas.
A commercial establishment in a shopping center or planned
commercial 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 the following:
A firm engaged in the business of preparing scrap (metal
or rags and paper) for consumption by steel mills or paper companies
or other establishments whose purpose it is to use scrap in producing
products.
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 the following definitions:
PUBLIC SEWER FACILITIESThe central sewage system operated by the Municipal Sewer Authority.
COMMON SEWAGE FACILITIESA 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.
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.
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 Part 21 herein.
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.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture.
A land use including buildings, land equipment, and any other
appurtenances used in the processing of solid waste, resource recovery,
co-generation of energy, recycling, incineration, and/or landfilling
as a means of disposal of solid waste.
DUMPA site used primarily for the disposal by abandonment, dumping, burial, burning, or other means, and for whatever purpose of garbage, trash, junk, vehicles or parts thereof, or waste material of any kind.
SANITARY LANDFILLAny outdoor establishment or place of business operated or maintained for the disposal of solid waste by the method known as "landfilling," in accordance with any or all federal, state, and local landfilling laws, statutes, rules, and regulations. The term "landfill" shall have the same meaning as sanitary landfill.
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.
Retail shops and stores selling gifts, novelties, flowers,
books, periodicals, jewelry, apparel, tobacco, toys, crafts, hobby
supplies, cameras and film, stationery or antiques. Stores in excess
of 7,500 square feet in a single structure are not included in this
use. Adult uses are excluded.
Areas with a gradient of 15% or greater, as determined by
the soil survey or accurate contour mapping.
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.
A line identical with the front lot line and ultimate right-of-way
line.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a plan is submitted.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Borough. Front yard setbacks are measured from the ultimate right-of-way.
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 the Borough's Subdivision and Land Development Ordinance [Chapter 22].
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the ground.
The division or re-division 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.
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.
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. 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:
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
Any alteration of a structure listed on a National Register
of Historic Places or a State Inventory of Historic Places.
Any structure that contains water over 24 inches (610 mm)
in depth and which is used, or intended to be used, for swimming or
recreational bathing. This includes in-ground, aboveground, and on-ground
swimming pools, hot tubs, and spas.
The use of any premises or structure for living and/or sleeping
purposes for less than 100 consecutive days in any calendar year.
An area, parcel, site, property, lot or group of lots which
together form the subject of a development application and which subsequently
may be combined or subdivided pursuant to an approved master plan.
A recreational vehicle requiring a separate power source
for pulling, which may include living, sleeping, eating and sanitary
facilities, but which is designed for vacation travel and not for
long-term or permanent occupancy.
See "street rights-of-way."
The dividing line between a lot and the outside limit of
the ultimate right-of-way of a public street. Identical with "front
lot line" and "street line."
Above-ground structures or facilities (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, cellular communication antennas, and supporting structures.
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 Part 6.
The portion of land devoted to vegetative coverage, including
lawns, trees, shrubs, flowers, and gardens.
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.
A barrier whose purpose is to obscure a view; generally comprised
of plant materials suitable for the purpose.
A building or group of buildings primarily used for the commercial
storage, transfer, and distribution of products and materials.
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.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. This term does not include source-separated recyclable materials.
Waste is further classified as follows, in accordance with Act 101,
the Solid Waste Management Act:
AGRICULTURAL WASTEPoultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur-bearing animals, and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural and silvicultural crops or commodities grown on the premises of a farm operation.
CONSTRUCTION/DEMOLITION WASTESolid waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include clean fill separated from other waste.
CLEAN FILLUncontaminated, non-water-soluble, non-decomposable inert solid material used to level an area or bring the area to grade. Includes uncontaminated soil, rock, gravel, brick, block, and concrete.
Municipal or agricultural waste which because of its quantity,
concentration, physical, chemical, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
The term does not include point sources subject to permits under
Section 402 of the Federal Water Pollution Control Act, as amended,
or source, special nuclear, or by-product material as defined by the
U.S. Atomic Energy Act of 1954, as amended.
MUNICIPAL WASTEGarbage, refuse, industrial lunchroom or office waste, or other material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definitions of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
RESIDUAL WASTEGarbage, refuse, or other discarded material or waste including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, mining, and agricultural operations and sludge from an industrial, mining, or agricultural water supply treatment facility, wastewater treatment facility, or air pollution control facility, provided that it is not hazardous.
SOLID WASTEWaste including municipal, residual, or hazardous wastes.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales, and rivers.
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 the following definitions:
WATER FACILITIES, PUBLICA water distribution system serving all or a portion of the Borough and operated by a certified public utility.
WATER FACILITIES, COMMONA water distribution system serving a single neighborhood or development.
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. Development in wetlands is
regulated by the U.S. Army Corps of Engineers and the Pennsylvania
Department of Environmental Resources. Identification of wetlands
should be based upon the Federal Manual for Identifying and Delineating
Wetlands, an interagency publication of the Corps of Engineers, EPA,
Fish and Wildlife Service, and Soil Conservation Service, dated January
1989.
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.
Areas, groves, or stands of mature or largely mature trees
(i.e., greater than six inches in caliper) covering an area greater
than 1/4 of an acre, or groves of mature trees (greater than 12 inches
in caliper) consisting of more than 10 individuals.
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. Yard is further defined as follows:
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.
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.
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.
A line which locates and delineates the minimum yard setback
requirements, measured from the front, rear, and side lot lines.
The administrative officer charged with the duty of enforcing
the provisions of this Chapter.
