A.Â
Unless a contrary intention clearly appears, the following words
and phrases shall have, for the purposes of this chapter, the meanings
given in the following clauses.
B.Â
Any word, term or phrase used in this chapter, but not specifically
defined herein, shall be defined as set forth in the Pennsylvania
Municipalities Planning Code.[1] Any word, term or phrase that is not specifically defined
either in this chapter or in the Pennsylvania Municipalities Planning
Code shall be given its normal and customary meaning as found in the
most recent edition of Webster's New Collegiate Dictionary.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.Â
For the purpose of this chapter, words and terms used herein shall
be interpreted as follows:
(1)Â
Words of the masculine gender are intended to represent the
feminine as well.
(2)Â
Words used in the present tense include the future.
(3)Â
(Reserved)
(4)Â
The term "shall" is mandatory.
(5)Â
The term "may" is permissive.
(6)Â
The word "used" or "occupied" as applied to any land or structure
shall be construed to include the words "intended, arranged, or designed
to be used or occupied."
(7)Â
The word "Commission" and the words "Planning Commission" shall
mean the Towamencin Township Planning Commission.
(8)Â
The word "Board" or the words "Zoning Hearing Board" shall mean
the Towamencin Township Zoning Hearing Board as granted jurisdiction
under the Municipalities Planning Code, as amended, of the Commonwealth
of Pennsylvania.
(9)Â
The words "Township," "municipality" and "governing body" shall
mean the Board of Supervisors of Towamencin Township as granted jurisdiction
under the Municipalities Planning Code, as amended, of the Commonwealth
of Pennsylvania.
(10)Â
"Zoning Ordinance" shall mean the Zoning Ordinance of Towamencin
Township, as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
That which conforms to accepted principles, tests or standards
of nationally recognized technical or scientific authorities.
A way or means of approach to provide physical entrance to
a lot.
See "building, accessory."
See "use, accessory."
A measure of land area containing 43,560 square feet.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development with the
agricultural industry.
[Added 5-23-2001 by Ord. No. 01-7]
Any change in or addition to the supporting or structural
components of a building, such as the bearing walls, partitions, columns,
beam or girders, or any modification which would convert an existing
building into a different structure or adapt it to a different use
or any enlargement or diminution of a building or structure.
A landowner, developer, equitable owner, tenant or contractor
who, with the written consent of the owner, has filed an application
for development, including his heirs, successors and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development including but not limited to an application for a building
permit, or for the approval of a subdivision plat or plan or for the
approval of a land development plan.
A duly authorized politic or corporate body established pursuant
to the Pennsylvania Municipalities Planning Code, as amended.
The total volume of traffic during a given time period (in
whole days greater than one day and less than one year) divided by
the number of days in that time period.
A cloth, plastic, or other nonstructural covering which projects
from a wall for the purpose of shielding a doorway or window and is
either permanently attached to a building or can be raised or retracted
to a position against the building.
[Amended 1-11-2017 by Ord. No. 17-01]
A building or establishment which can accommodate a group
of people attending a specific, prearranged event such as a wedding
or bar mitzvah where food and beverages are to be served and consumed
within the building and/or an attached patio. No food or beverage
service and no gathering of people other than for the specific, prearranged
event is permitted.[1]
A story partly underground, but having 1/2 or more of its
height (measured from floor to ceiling) above the average level of
the adjoining ground and with a floor-to-ceiling height of not less
than six feet eight inches. A basement shall be counted as a story
for the purpose of height measurements or determining square footage,
only if the vertical distance between the ceiling and the average
level of the adjoining ground is more than four feet, or if used for
business or dwelling purposes.
Any light with one or more beams, capable of being directed
in any direction or directions or capable of being revolved automatically.
An area designated and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Unless otherwise specified, buffers may be included as part
of the required setbacks and yard areas.
A buffer comprised of natural and/or man-made materials arranged
in a certain specific depth, height, and density to block the view
from one site to another during all seasons of the year, and to reduce
the transmittal of noise and odor between sites.
A person who, by contract or other agreement, is charged
with the responsibility of construction of buildings or other structures,
or of making any construction improvements on any parcel of land.
Any structure having enclosed walls and roof, intended for
support or sheltering a use or occupancy, and attached to the land.
Included shall be all mobile homes and trailers used for human habitation.
A building located on the same lot as a principal building
and incidental and subordinate to the principal building. Any portion
of a principal building devoted or intended to be devoted to an accessory
use is not an accessory building.
The horizontal area measured from the outermost exterior
walls of the ground floor of all principal and accessory buildings
on a lot including all portions of the structure which form the total
footprint of the structure. The percent of building coverage of any
lot is measured by dividing the total area of all building coverage
within the lot by the lot area.
The two-dimensional area of a lot within which a principal
structure is permitted to be built and which is defined by the required
yard setbacks.
The two-dimensional area of a lot within which buildings
and structures and required off-street parking are permitted to be
built and which are specifically shown on the building envelope plan
contained in the Towamencin Village Land Use and Design Manual.
A portion of any exterior elevation of a building extending
from grade to the top of the parapet wall or eaves and the entire
width of the building elevation.
The vertical distance of a building measured from the average
elevation of the proposed finished grade surrounding the building
to the highest point of the roof, provided that chimneys, spires,
towers, elevator penthouses, tanks, solar energy apparatus and similar
projections shall not be included in the height.
That individual designated by the Board of Supervisors to
enforce the provisions of the official building code or codes[2] of the Township of Towamencin.
A building in which is conducted, or is intended to be conducted,
the principal use of the lot on which it is located.
See "building setback line."
A line extending the full required width of a lot which is
parallel to the ultimate street right-of-way at a perpendicular distance
therefrom equal to the required front yard setback. The location of
this line determines the closest point to the street that any building
may be located.
The hard or paved surface portion of any street, which is
that portion of a street between the curbs where there are curbs or
that portion of the paved surface customarily used by vehicles in
the regular course of travel over the street.
A space partly underground and having more than 1/2 of its
height (measured from floor to ceiling) below the average finished
grade of the adjoining exterior ground surface, or with a floor-to-ceiling
height of less than six feet eight inches. A cellar shall not be included
in determining the permissible number of stories or square footage,
nor shall it be used for dwelling, office or business purposes.
The Governor's Center for Local Government Services located
within the Department of Community and Economic Development.
[Added 5-23-2001 by Ord. No. 01-7]
A document issued by the Zoning Officer and/or the Building
Inspector pursuant to Township ordinance(s) adopted for this purpose.
Any change of tenant or resident, or the sale or transfer
of title or ownership of any structure, building, dwelling unit or
nonresidential occupied land area.
Any use which differs from the previous use of a building,
structure or land.
An area of unobstructed vision established in accordance
with accepted engineering practice at street intersections defined
by lines of sight between points at a given distance and height as
specified in Township ordinances or Pennsylvania Department of Transportation
Regulations and Standards. Where said ordinances, standards or regulations
differ, the most restrictive (safest) sight triangle area shall be
required.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land area to be
used for recreation, common open space, and preservation of environmentally
sensitive features.
See "open space, common."[3]
A plan comprised of maps, charts, descriptive matter officially prepared by Planning Commission and duly adopted by the Board of Supervisors showing among other things recommendations for the most appropriate use of land; the most desirable density of population; a system of thoroughfares, parkways and streets; parks and recreation areas; the general location and extent of facilities for water, sewer, light, and power; and for the general location, character, and extent of community facilities within Towamencin Township in accordance with Article III of the Pennsylvania Municipalities Planning Code, Act 247,[4] as amended.
A use which may be permitted or denied pursuant to express standards or criteria by the Board of Supervisors pursuant to the provisions of Article X of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, Act 247, as amended. The burden of proof and compliance with express standards and criteria applicable shall be on the applicant. The Board of Supervisors may attach such reasonable conditions and safeguards in addition to those expressed in the Zoning Ordinance as it may deem necessary to implement the purposes of the Zoning Ordinance.
A unit owned and maintained in accordance with the Pennsylvania
Uniform Condominium Act,[5] as amended, and in accordance with the provisions for
open space, roads and other development features in the Zoning Ordinance
and Subdivision and Land Development Regulations.
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar connection or relationship.
[Added 5-23-2001 by Ord. No. 01-7]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or a structure
including the placement of a mobile home.
The change in the use of land or a structure.
A land use and growth management plan prepared by the County
Planning Commission and adopted by the County Commissioners which
establishes broad goals and criteria for municipalities to use in
preparation of their comprehensive plans and land use regulation.
[Added 5-23-2001 by Ord. No. 01-7]
See "cellar."
A right-of-way for pedestrian travel.
A street with access closed at one end and with a vehicular
turnaround at the closed end.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance as provided by the Pennsylvania Municipalities
Planning Code, Act 247, as amended, either by reason of the grant
of exclusive jurisdiction or by reason of appeals of determinations.
All decisions shall be appealable to the Court of Common Pleas of
the county and Judicial District wherein the municipality lies.
The number of dwelling units per lot area. (See "lot area.")
Final action by an officer, body or agency charged with the
administration of land use ordinances or applications thereunder,
except the following:
The governing body;
The Zoning Hearing Board; or
The planning agency, only if, and to the extent,
the planning agency is charged with the final decision on preliminary
or final plans under the Subdivision and Land Development Ordinance,[6] as last amended, or planned residential development provisions.
Determinations shall be appealable only to the boards designated as
having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets or other pavings; utilities;
filling, grading and excavation; mining; dredging; filling operations;
storage of equipment or material; and the subdivision of land.
Zoning, subdivision, site plan, official map, floodplain
regulation or other governmental regulation over the use and development
of land.
A part, zone or geographical area within the Township wherein
certain and specific land use, zoning and/or development regulations
apply uniformly.
Any natural waterways or watercourses, formed to carry stormwater
over land, and which are typically referred to as "swales" and/or
"intermittent streams."
A private vehicular way providing access to parking spaces,
a garage, dwelling or other structure.
A building or portion thereof designed, used and occupied
exclusively for human habitation.
One or more rooms, designed, occupied or intended for occupancy
as separate living quarters for one or more individuals living together
as a single housekeeping unit, with cooking, living, sanitary, and
sleeping facilities.
A grant of one or more of the property rights by the property
owner to, and/or for, the use by the public, a corporation, or other
person in equity, which is subordinate to, but not inconsistent with,
the owner's general property rights.
An easement secured for the preservation of natural drainageways,
stream corridors and perennial and/or intermittent streams, and for
man-made drainage facilities related thereto.
An exit.
Any placement or obstruction in a delineated floodway, right-of-way,
easement, required yard, setback or adjacent land.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and duly appointed by Towamencin Township.
An area with one or more of the following characteristics:
Slopes in excess of 15%;
Floodplains and/or alluvial soils;
Hydric soils;
Soils classified as highly erodible or corrosive;
Land incapable of meeting percolation requirements;
Land formerly used for landfill operations or
hazardous industrial uses;
Geologic fault areas;
Stream corridors;
Mature stands of native vegetation;
Aquifer recharge and discharge areas.[7]
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced or relocated, as well as the conditions
resulting therefrom.
Any number of individuals living and cooking together as
a single housekeeping unit, provided that not more than two of such
number are unrelated to all of the others by blood, marriage or legal
adoption. As a special exception, the Zoning Hearing Board may interpret
the term "family" to apply to a group of individuals, not exceeding
four, not related to each other by blood, marriage or legal adoption,
living and cooking together as a single housekeeping unit. Domestic
servants shall be considered an adjunct to the term "family."
A person that is related by birth, legal adoption, marriage
or blood. For the purpose of this chapter, an immediate family member
shall be comprised of only the following relations: spouse, child,
parent, and sibling.
Any act by which natural materials are placed,
pushed, dumped, pulled, transported or moved to a new location above
the natural surface of the ground on or top of the stripped surface,
as well as the conditions resulting therefrom.
Sand, gravel, earth, earthen or other materials
of any composition whatsoever placed or deposited by humans on or
under the ground surface.
A lot with reduced frontage on a public street and where
access to the public street is by means of a private drive and/or
easement. Flag lots shall have a minimum pole width along a public
or private street of not less than 25 feet.
A temporary condition of partial or complete inundation of
normally dry land areas.
A map prepared by the Federal Insurance Administration or
the Federal Emergency Management Agency (FEMA) designating the boundaries
of areas having special flood hazards in Towamencin Township.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has one-percent chance of occurring each year,
although the flood may occur in any year).
That area established in this chapter as the Floodplain District;
the "floodplain" definition contained therein shall be considered
the definition for floodplain for all purposes and uses of this chapter.[8]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
[Amended 3-23-2016 by Ord. No. 16-06]
The sum of the areas of the several floors of a building
or structure, including areas used for human occupancy or required
for the conduct of the business or use, and basements, attics, and
penthouses, as measured from the exterior faces of the walls. This
term does not include cellars, attics not used for human occupancy,
nor any floor space in an accessory building . This term does include
enclosed and unenclosed porches and floor space in a principal building
intended or designed for the parking of motor vehicles.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, NETThe total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
[Added 5-23-2001 by Ord. No. 01-7]
That dimension of a lot abutting on a street that is between
the side lot lines measured along the principal street's ultimate
right-of-way line.
See "lot line, front."
See "yard, front."
A deck, building or structure, or part thereof, used or intended
to be used for the parking and/or storage of vehicles.
That which exhibits consistency.
[Added 5-23-2001 by Ord. No. 01-7]
The degree of rise or descent of a sloping surface.
The final elevation of the ground surface after development.
The elevation of the ground surface in its natural state,
before man-made alterations.
The changing of the natural topography through cutting or
filling by more than one foot in elevation over an area exceeding
2,000 square feet, or in which the natural drainage pattern of a lot
is altered.
Natural mulch or nondeciduous or low-growing plants installed
or planted in such a manner as to provide a continuous cover over
the ground.
Any room in a dwelling unit other than a kitchen, bathroom,
closet, pantry, hallway, cellar, storage space and garage.
An administrative proceeding conducted by a Board pursuant
to the Pennsylvania Municipalities Planning Code, Act 247,[9] as amended.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
See "soils, hydric."[10]
A measure of the intensity of the use of a piece of land.
The percent of impervious coverage of any lot is measured by dividing
the total area of all impervious surfaces within the lot by the lot
area.
Ground cover material which does not readily absorb rain.
All buildings, structures, parking areas, driveways, roads, sidewalks
and any areas in concrete, asphalt, and packed stone shall be considered
impervious surfaces within this definition. In addition, other areas
determined by the Township Engineer to be impervious within the meaning
of this definition will also be classified as impervious surfaces.
Grading, paving, curbing, roadways, streetlights and signs,
fire hydrants, wells, water mains, sanitary sewers, on-lot sewage
disposal, storm drains, sidewalks, crosswalks and street shade trees.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition.
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 spillway crest elevation rather than permanent pool if there is
any difference. Lakes are bodies of water two or more acres in surface
area. Ponds are any water bodies less than two acres in surface area.
Ground, soil or earth including structures thereon, above,
at, or below the ground surface.
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.
The following activities are excluded from this
definition:
The conversion of an existing single-family
dwelling, 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; or
The addition or conversion of buildings or rides
within the confines of an enterprise which would be considered an
amusement park. For purposes of this subclause, an amusement park
is defined as a tract or area used principally as a location for permanent
amusement structures or rides. This exclusion shall not apply to newly
acquired acreage by an amusement park until initial plans for the
expanded area have been approved by proper authorities.
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 is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
An area accessible from a street or way, in a building or
on a lot for temporary use of vehicles, while loading or unloading
merchandise or materials.
A designated parcel, tract or area of land, established by
a plat, or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The total horizontal area contained within the property lines
of an individual lot and shown on a subdivision or plot plan or as
may otherwise be required by this chapter, excluding any area within
an existing or designated future street right-of-way or the pole of
a flag lot which sole purpose is to gain access to the rear or flag
portion of the lot.
A lot or parcel of land abutting upon two or more streets
at their intersection.
That portion of a lot covered by impervious surfaces.
The horizontal distance between the ultimate right-of-way
line and the rear lot line, measured from the midpoint of the front
ultimate right-of-way line to the midpoint of the rear lot line.
See "flag lot."
See "frontage."
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
or private space. The street lot line shall be co-terminus with the
ultimate street right-of-way line for such portion of the lot as abuts
the street, and shall not be the center line of the street, or any
other line within the street even though such line may be the property
boundary line by deed.
Any lot line which is also a street line.
[Amended 5-22-2013 by Ord. No. 13-04]
Any lot line which is parallel to or within 45° of being
parallel to a street line, except for a lot line that is itself a
street line, and except that in the case of a corner lot the owner
shall have the option of choosing which of the two lot lines that
are not street lines is to be considered a rear lot line. In the case
of a lot having no street frontage or a lot of an odd shape, the lot
line furthest (at its furthest point) from any street shall be considered
a rear lot line.
Any lot line other than a front or rear lot line.
The smallest lot area established by the Zoning Ordinance
on which a use or structure may be located in a particular zoning
district.
A lot abutting two streets which is not a corner lot.
The distance measured between the side lot lines at the required
or proposed building setback line. In a case where there is only one
side lot line, lot width shall be measured between such lot line and
the opposite rear lot line or ultimate right-of-way line.[12]
A transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site completed
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. The term includes park trailers,
travel trailers, recreational and other similar vehicles which are
placed on a site for more than 180 consecutive days.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.[13]
An informal open space consisting of native plants and grasses
left undisturbed to allow for the process of natural succession.
[Added 12-17-2003 by Ord. No. 03-09]
A voluntary negotiating process in which parties in a land
use dispute mutually select a neutral mediator to assist them in jointly
exploring and settling their differences, culminating in a written
agreement which the parties themselves create and consider acceptable.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
[Added 5-23-2001 by Ord. No. 01-7]
The replacement of the existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the existing requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
A transportable single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A single-family dwelling, intended for permanent occupancy,
made by assembling one or more factory produced three-dimensional
sections into an integral living unit whose construction materials
and specifications conform to those of conventionally built units.
A stone or concrete reference marker with a flat top of at
least four inches square, containing a copper or brass dowel scored
with an "X" to mark the reference point, and at least 30 inches in
length. The bottom sides shall be at least two inches greater than
the top, to minimize movements caused by frost.
Structures for which the start of construction commenced
on or after January 1, 1999, and includes any subsequent improvements
thereto.
Any sound which:
An accessory recreational structure designed to contain a
water depth of 24 inches or more for use by the residents of the principal
use and/or their guests.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully exists prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
The use of a building, lot or portion thereof for a specific
purpose.
See "certificate of use and occupancy."
Any parcel or area of land or water essentially unimproved
and set aside, dedicated or reserved for public or private use and
enjoyment, or for the use and enjoyment of owners and occupants of
land adjoining or neighboring such open space. Open space shall not
include land occupied by nonrecreational structures, roads, street
rights-of-way, parking lots, land reserved for future parking, or
any portion of required minimum lot areas as required by this chapter.
Land and/or water within or related to a development, not
individually owned or dedicated for general public use, which is designed
and intended for the common use or enjoyment of the residents of the
development and may include such complementary structures and improvements
as may be required and/or appropriate but shall not include common
parking areas, roadways and structures not primarily intended for
the recreational use and benefit of the designated users.
The keeping in an unroofed area of any goods, junk, material,
merchandise, or one or more motor vehicles not having valid inspection
stickers issued by the Pennsylvania Department of Transportation.
Any parking in addition to the minimum parking requirements
that are established by the Zoning Ordinance.
The owner of record of a parcel of land or equitable owner
acting on behalf of the owner of record.
See "lot."
Any public or private land area designed, designated and/or
used for parking motor vehicles including parking lots, garages, private
driveways and legally designated areas of public streets.
An off-street area containing parking space for six or more
vehicles.
A building or structure, or portion thereof, consisting of
more than one level and used for the temporary parking of motor vehicles.
A reasonably level space with dimensions as required by applicable
Township Ordinance, available for the parking of one motor vehicle
exclusive of passageways, driveways, or other means of circulation
or access. A garage or garage area shall not be considered a parking
space except as otherwise provided by Township ordinance. A parking
space shall have adequate base stone and be paved with concrete, asphalt
or other material with like qualities.
An individual traveling by foot.
Written governmental permission issued by an authorized official
empowering the holder thereof to do some act not forbidden by law
but not allowed without such authorization.
A permit issued by the designated Township official prior
to the construction, reconstruction, alteration, repair or addition
to a building, structure or part thereof.
A use allowed by right in a zoning district subject to the
restrictions applicable to that use and zoning district.
Any individual, firm, copartnership, corporation, company,
association, joint stock association or body politic, including a
trustee, a receiver, an assignee, or a similar representative thereof.
A drawing which indicates the uses, locations, dimensions
and orientations of all physical features on a lot including but not
necessarily limited to property lines, streets, buildings, structures,
access to buildings or structures, driveways, parking areas, walkways,
patios, other impervious surfaces, large trees, on-site sewer or water
systems, easements, deed restrictions, detention basins, and other
significant natural features located on a lot, and the uses of all
contiguous lots.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
[Added 5-23-2001 by Ord. No. 01-7]
Land use for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resource and Conservation Services County Soil
Survey.
[Added 5-23-2001 by Ord. No. 01-7]
The primary or predominate use of a lot.
A use that is not permitted in a zoning district.
Any improvement or other facility which is, or is intended
to be, the responsibility of, or located within a right-of way or
easement of, the Township.
A majority of the full membership of the Planning Commission,
Zoning Hearing Board or Board of Supervisors as is required by the
Municipalities Planning Code to take official action or render a decision
regarding a land use application.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the
largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck;
Not designed for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use.[14]
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of a decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at the cost of reproduction.
A parcel of land separating a street from adjacent property.
A water impoundment, made by constructing a dam or embankment
or by excavating a pit, for the purpose of retaining runoff water
and releasing it slowly into the ground or into its natural watercourse.
An examination of applications, sketches, plans, or submissions
of an applicant in accordance with the procedures established by the
Township for this purpose.
Land usually linear in configuration, set aside for use as
streets, roads, pedestrian ways or other means of travel and/or for
the location of other public utilities.
The legal right-of-way as established by the commonwealth
or other appropriate governing authority and currently in existence.
The right-of-way established by the Towamencin Township Comprehensive
Plan and Subdivision and Land Development Ordinance, as last amended,
and designated on the Official Right-of-Way Map on file in the Township
Offices. The ultimate right-of-way is intended to provide adequate
width for future street and/or utility improvements within the Township.
The juncture of the roof and the perimeter wall of the structure.
The volume of surface water discharge of a given watershed
after a fall of rain or snow that does not enter the soil but runs
off the surface of the land.
A public or private utility system designed to collect, centrally
treat and dispose of sewage from customers in compliance with the
regulations of the Pennsylvania Department of Environmental Resources
or of the Township, or the Authority.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or by gravity. Once this matter
is deposited (or remains suspended in water), it is usually referred
to as "sediment."
The distance between a lot line and the closest portion of
a building, structure, use or any projection thereof, excluding uncovered
steps.
That line that is the required minimum distance from the
ultimate street right-of-way line or any other lot line that establishes
the area within which the principal structure must be located. (See
"building envelope.")
ON-LOTAn on-lot septic system comprised of a septic tank and disposal field intended to service effluent disposal from one building or a group of buildings on a single lot under single ownership in compliance with the regulations of the Pennsylvania Department of Environmental Resources, the Montgomery County Health Department, and/or the Township.
COMMUNITY SYSTEMSA sewage disposal system designed and intended to serve more than a single lot or more than one building or dwelling unit under separate ownership in compliance with the Pennsylvania Department of Environmental Resources, the Montgomery County Health Department and/or the Township, whichever is more stringent.
A system of conduits that collect and route stormwater to
a surface water discharge point.
The distance of unobstructed view established in accordance
with accepted engineering practice from a predetermined driver's eye
height to the furthest visible point a predetermined distance above
the street surface.
Any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message. A sign includes the sign faces as well as any sign supporting structure as defined by Article VIII (Signs) of this Code.[15]
[Amended 1-11-2017 by Ord. No. 17-01]
A parcel of land intended to have one or more structures,
buildings or uses, or intended to be subdivided into one or more lots.
All land area within a site as defined by deed and determined
by field survey excluding rights-of-way of existing public roads.
The map of the property showing the proposed location of
facilities, structures and other improvements.
Panels specifically designed for the purpose of screening
the underside of a mobile home by forming an extension of the vertical
exterior walls of the mobile home and covering the entire distance
between the bottom of the exterior walls and the ground elevation
below.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees. (See "grade.")
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and can be readily excavated.
Soils classified in the Soil Survey of Montgomery County,
Pennsylvania, and U.S. Department of Agriculture, Soil Conservation
Service. The term, unless otherwise specified, refers to land capability
units I, II and III which may be considered prime agricultural soils.
Areas subject to periodic flooding and listed in the Soil
Survey of Montgomery County, Pennsylvania, and U.S. Department of
Agricultural Soil Conservation Service, as being "on, or in, the floodplain"
or "subject to flooding."
Soils that are categorized as poorly drained that can support
hydrophilic plants, but may not do so in many cases. For the purpose
of this chapter hydric soils are general wetland indicator soils.
(See "wetlands.")
A report entitled Soil Survey of Montgomery County, Pennsylvania,
published April 1967 and inclusive of any amendments, by the Soil
Conservation Service, United States Department of Agriculture, which
is available in the Township or through the Montgomery County Conservation
District.
The ability of sunlight to shine on a property owner's land,
or more specifically, the owner's solar energy facility or solar energy
system, without the sunlight being blocked by structures, vegetation,
or other obstructions on neighboring land.
[Added 2-26-2015 by Ord. No. 15-03]
A legal agreement that protects access to sunlight, or solar
access, on a property.
[Added 2-26-2015 by Ord. No. 15-03]
An alternative energy facility that consists of one or more
ground-mounted, freestanding, or building-mounted or integrated solar
collection devices, solar-energy-related equipment and other associated
infrastructure with the primary intention of generating electricity
or otherwise converting solar energy to a different form of energy
for primary commercial or other off-site use in accordance with applicable
laws and regulations.
[Added 2-26-2015 by Ord. No. 15-03]
An alternative energy system that consists of one or more
ground-mounted, freestanding, or building-mounted or integrated solar
collection devices, solar-energy-related equipment and associated
infrastructure with the primary intention of generating electricity
or otherwise converting solar energy to a different form of energy
to reduce on-site consumption of purchased power, when a property
upon which the system is installed also receives electricity supplied
by a utility company. The solar energy system shall be designed to
supply no more power than required by the principal use on the property
and shall not be used for the generation of power for the sale of
energy to other users, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time to
the local utility company in accordance with applicable law and regulation.
[Added 2-26-2015 by Ord. No. 15-03]
The effect produced by light reflecting from a solar module
with an intensity sufficient to cause annoyance, discomfort, or loss
in visual performance and visibility.
[Added 2-26-2015 by Ord. No. 15-03]
A device containing one or more receptive cells equal to
or greater than two square feet, the purpose of which is to convert
solar energy into electrical or thermal energy.
[Added 2-26-2015 by Ord. No. 15-03]
Private tennis courts, basketball courts, hockey rinks, skateboard/bike
ramps and multiuse sports courts, and all facilities incidental thereto,
when located in the rear yard. Each such sport court shall be unilluminated
and shall be for the private use of the owners of the subject property.
Further, prior to the issuance of a building permit for any sport
court, a drainage system therefor shall be approved by the Township
Engineer, specifically with respect to the discharge of water onto
adjacent properties.
[Added 12-19-2001 by Ord. No. 01-10]
Areas where the average slope exceeds 15%, which, because
of its slope, is subject to high rates of stormwater runoff and therefore
erosion.
That part of a building located between a floor and the floor
or roof next above. The first story of a building is the lowest story
having 1/2 or more of its walls above grade level. A half-story is
a story under a gable, hip or gambrel roof.
A right-of-way municipally or privately owned, serving as
a means of vehicular and pedestrian travel and access.
A street connecting districts or communities, serving large
volumes of fast-moving through traffic.
A street carrying higher volumes of fast-moving traffic than
a feeder street.
A street connecting districts or communities, serving large
volumes of fast-moving through traffic, which is physically divided
by barriers and which has a limited amount of entrances and exits.
A street connecting local access streets to streets of a
higher order such as collector streets or controlled access streets
and which carries a lesser volume of traffic.
The dividing line between a lot and the ultimate right-of-way
line of a public street, road or highway legally opened or officially
plotted or between a lot and a privately owned street, road or way
over which the owners or tenants of two or more lots each held in
single and separate ownership have right-of-way.
A street used primarily as the principal means of access
to local properties, and which carries a small volume of traffic.
A street parallel and adjacent to an arterial street providing
access to abutting properties by a cartway separated from the arterial
street by a reserve strip.
See "alteration."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the surface.
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.[18]
One who has the temporary use and occupancy of the real property
of another, who is not the owner of the property, the duration and
terms of tenancy being usually fixed by an instrument or agreement
between the tenant and subtenant. For the purpose of signage, the
subtenant and the space occupied by the subtenant shall be considered
separate only when the space occupied by the subtenant has been approved
as a subdivision/land development and when the space complies with
all of the codes and regulations of Towamencin Township for a separate
leasehold, including, but not limited to, having a separate access
and firewall separation from the area occupied by the tenant.
[Added 12-19-2001 by Ord. No. 01-10]
A licensed surveyor registered by the Commonwealth of Pennsylvania.
One who has the temporary use and occupancy of the real property
of the owner, the duration and terms of his tenancy being usually
fixed by an instrument called a lease. For the purpose of signage,
any tenant occupying the space of the real property of the owner,
shall be considered the same use as the owner of the real property,
and shall have no rights to additional signage unless and until the
tenant's space has been approved as a subdivision/land development
and when it complies with all of the codes and regulations of Towamencin
Township for a separate leasehold, including, but not limited to,
having a separate access and firewall separation from the area occupied
by of the owner of the real property.
[Added 12-19-2001 by Ord. No. 01-10; 12-8-2004 by Ord. No.
04-07]
The Preliminary Feasibility Analysis, the Village of Kulpsville
Town Center Master Plan and Transportation Center, March 1995, as
may be subsequently amended from time to time by the Board of Supervisors;
and the Kulpsville Town Center Recreation Plan. In the case of inconsistencies,
the Land Use and Design Manual shall control.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square, or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks that provides multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
[Added 5-23-2001 by Ord. No. 01-7]
See "right-of-way, ultimate."
Includes the phrases "arranged," "designed" and "intended
to be used" and shall mean a specific purpose for which land, buildings
or structures are designed, arranged, intended, occupied or maintained,
or any activity, occupation, business or operation carried on, or
intended to be carried on, in a building or other structure or on
a lot, parcel or tract of land.
A use located on the same lot with a principal use, and clearly
incidental and subordinate to, and in connection with, the principal
use.
Any use created or facility utilized by Towamencin Township,
any authority created by Towamencin Township under the Municipality
Authorities Act[19] or in any authority in which the Township participates,
for the provisions of governmental functions or public services or
the maintenance of the public health, safety, or welfare including,
but not limited to, the public administration, police, fire, recreation
and public work uses.
The main use on a lot and/or of a building or structure thereon.
Those services customarily rendered by public utility corporations,
municipalities, or municipal authorities, to include but not necessarily
limited to, electricity, gas, telephone, cable TV, water and sewage,
and the appurtenances used in connection with the supplying of such
services, including but not limited to, buildings, wires, pipes and
poles.
An unincorporated settlement that is part of a township where
residential and mixed-use densities of one unit to the acre or more
exist or are permitted and commercial, industrial or institutional
uses exist or are permitted.
[Added 5-23-2001 by Ord. No. 01-7]
A system for supplying and distributing potable water to
a single dwelling and accessory building thereto from a source located
on the same lot.
Any privately owned system for the supplying and distribution
of potable water from a common source to two or more dwellings units
and/or lots.
Any supply system owned and/or operated by an Authority or
other approved public entity.
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, including
swamps, marshes, bogs, or similar areas which meet the characteristics
and criteria for wetlands as established by the Pennsylvania Department
of Environmental Resources, the U.S. Army Corps of Engineers and/or
the Pennsylvania Fish and Wildlife Service.
The selling of merchandise to retailers and to industrial,
commercial, and institutional users, or other wholesalers.
[Added 6-8-2005 by Ord. No. 05-01]
An alternative energy system that consists of a pole-mounted
wind turbine, wind energy related equipment and associated infrastructure
with the primary intention of generating electricity or otherwise
converting wind energy to a different form of energy to reduce onsite
consumption of purchased power, when a property upon which the system
is installed also receives electricity supplied by a utility company.
[Added 2-24-2016 by Ord.
No. 16-03]
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator and includes
the nacelle, rotor, tower and pad turbine, if any.
[Added 2-24-2016 by Ord.
No. 16-03]
Areas, groves, or stands of mature or largely mature trees
the majority of which are greater than six-inch caliper measured four
feet above grade covering an area greater than 1/4 of acre; or groves
of mature trees without regard to minimum area consisting of more
than 10 individual specimens which are greater than twelve-inch caliper
measured four feet above grade.
An open, unoccupied area located on the same lot with a building,
structure and/or use and which is unobstructed from the ground to
the sky except for public utility lines or facilities, landscaping
and parking as restricted by the applicable zoning district.
A required or existing yard between the front yard line and
the ultimate street right-of-way line and extending the entire length
of the street line. In the case of a corner lot, the yards extending
along all streets are front yards. In the case of a lot other than
a corner lot that fronts on more than one street, the yards extending
along all streets are front yards.
A line drawn parallel to and within a lot line at a distance
therefrom equal to the depth of the required yard.
A required, or existing yard between the rear yard line and
the rear lot line and extending the entire length of, and parallel
to, the rear lot line.
A required or existing yard between a side yard line and
a side lot line, extending from the front yard to the rear yard. In
the case of a lot having no street frontage or a lot of odd shape,
any yard that is not a front yard or a rear yard shall be considered
a side yard.
A specifically delineated area or district in the municipality
within which regulations and requirements uniformly govern the use,
placement, spacing and size of land, buildings and structures.
The dividing of the municipality into districts or zones
and the establishment of regulations governing each and every zone.
The three-dimensional space within which a structure is permitted
to be erected on a lot and which is defined by maximum height regulations,
bulk, area and yard setbacks requirements.
The Official Zoning Map of Towamencin Township.
The administrative officer designated with the exclusive
powers and duties of administering and enforcing the Zoning Ordinance.
[1]
Editorâs Note: The former definitions of âbase floodâ and âbase flood elevation,â which immediately followed this definition, were repealed 3-23-2016 by Ord. No. 16-06. See now Ch. 82, Floodplain Management.
[3]
Editorâs Note: The former definition of âcompletely dry space,â which immediately followed this definition, was repealed 3-23-2016 by Ord. No. 16-06. See now Ch. 82, Floodplain Management.
[4]
Editor's Note: See 53 P.S. § 10101 et
seq.
[5]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[7]
Editorâs Note: The former definition of âessentially dry space,â which immediately followed this definition, was repealed 3-23-2016 by Ord. No. 16-06. See now Ch. 82, Floodplain Management.
[8]
Editorâs Note: The former definition of âfloodproofing,â which immediately followed this definition, was repealed 3-23-2016 by Ord. No. 16-06. See now Ch. 82, Floodplain Management.
[9]
Editor's Note: See 53 P.S. § 10101 et
seq.
[10]
Editorâs Note: The former definition of âidentified floodplain area,â which immediately followed this definition, was repealed 3-23-2016 by Ord. No. 16-06. See now Ch. 82, Floodplain Management.
[11]
Editor's Note: See 53 P.S. § 10101 et
seq.
[12]
Editorâs Note: The former definition of âlowest flood,â which immediately followed this definition, was repealed 3-23-2016 by Ord. No. 16-06. See now Ch. 82, Floodplain Management.
[14]
Editorâs Note: The former definition of âregulatory flood elevation,â which immediately followed this definition, was repealed 3-23-2016 by Ord. No. 16-06. See now Ch. 82, Floodplain Management.
[17]
Editorâs Note: The former definition of âspecial permit,â which immediately followed this definition, was repealed 3-23-2016 by Ord. No. 16-06. See now Ch. 82, Floodplain Management.
[18]
Editorâs Note: The former definitions of âsubstantial damageâ and âsubstantial improvement,â which immediately followed this definition, were repealed 3-23-2016 by Ord. No. 16-06. See now Ch. 82, Floodplain Management.
[19]
Editor's Note: See 53 Pa.C.S.A. § 5601
et seq.
[20]
Editor's Note: See 53 P.S. § 10101 et
seq.
