Township of Ralpho, PA DEFINITIONS

A structure which is:

(a)

Utilized principally for recreational activity;

(b)

Not utilized as a domicile or residence for any individual for any time period;

(c)

Not greater than two stories in height, excluding basement;

(d)

Not utilized by the owner or any other person as a place of employment;

(e)

Not a mailing address for bills and correspondence; and

(f)

Not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration.

CERTIFICATE OF USE AND OCCUPANCY (also OCCUPANCY PERMIT)

Any such cabin that is built for commercial purposes shall be subject to the Pennsylvania Construction Code Act.[1]

CAMPER

A vehicular portable structure to be mounted on a chassis or wheels and towed or constructed as a integral part of a self-propelled vehicle for use as a temporary dwelling for travel, recreation and vacation commonly known as travel trailers, pickup coaches, motor homes or camping trailers.

[Added by Ord. 179, 3/11/2014]

CAMPGROUND

A tract or tracts of land, or any portions thereof, which, on a commercial basis, provides habitation facilities to persons primarily for recreational, seasonal or leisure activities. This term shall not include a motel or hotel.

[Amended by Ord. 179, 3/11/2014]

CAMPSITE

A portion of the campground dedicated to the temporary use of a camper and/or parking of a recreational vehicle or trailer, or the placement of a tent or other temporary shelter. The purpose of a campsite is to provide for the temporary recreational housing of persons or the use of campers, as herein defined, for camping purposes, with a fee being charged for the leasing, renting, or occupancy of such space.

[Added by Ord. 179, 3/11/2014]

CARPORT

A roofed space having at least one side open to the weather, primarily designed or used for motor vehicles. This term is usually related to one- and two-family dwellings. In multifamily properties, a garage may have one or more sides open to the weather.

CARTWAY

The wearing or exposed surface of the roadway available for vehicular traffic.

CELLAR

A story partly below the finished grade, having at least 1/2 of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.

A statement, based on an inspection, signed by the Code Enforcement Officer, setting forth that a building, structure, sign and/or land complies with this chapter and/or that a building, structure, sign and/or land complies with this chapter and/or that a building, structure sign and/or land may be lawfully employed for specific uses or both, as set forth therein.

CODE ENFORCEMENT OFFICER

The person designated by the Board of Supervisors to enforce the ordinances of Ralpho Township.

COMMUNICATIONS ANTENNA

An device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals including, without limitation, omnidirectional or whip antenna and directional or panel antennae, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennae or amateur radio equipment including, without limitation, ham or citizen band radio antennae.

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or cabinet containing communications equipment required for the operation of communications antennae and covering an area on the ground not greater than 250 square feet.

COMMUNICATIONS TOWER

A structure other than a building, such as a monopole, self-supporting or guyed tower designed and used to support communications antennae.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

CONDITIONAL USE

A use which may be permitted in one or more zoning districts upon the recommendation of the Planning Commission to the Board of Supervisors which may grant approval pursuant to applicable standards and criteria expressed in this Chapter, the Subdivision and Land Development Ordinance [Chapter 22] and other applicable ordinances and regulations.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building, structure including the placement of mobile homes.

DAY-CARE CENTER, CHILD

A facility in which care is provided for seven or more children at one time, where the child-care areas are not being used as a family residence.

DAY-CARE HOMES, FAMILY

Any premises other than the child's own home, operated for profit or not for profit, in which child day-care center is provided at one time to four, five or six children who are not relatives of the caregiver. Family day-care homes may be allowed as a home occupation in all districts allowing home occupations.

DAY-CARE HOMES, GROUP

A facility in which care is provided for more than six but less than 12 children, at any one time, where the child care areas are being used as a family residence. A facility in which care is provided for more than six but less than 12 children, at any one time, may be licensed/approved as a day-care center if care is provided in a facility where the child-care areas are not being used as a family residence and the provider meets the requirements of a day-care center as specified in the day-care service for children regulations specified by the Commonwealth of Pennsylvania. Group day-care homes may be allowed as a home occupation in all districts allowing home occupations.

DEVELOPMENT

Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of a manufactured home, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations and the subdivision of land.

DISTRICT

A district area within the Township delineated on the Zoning Map wherein use of land is subject to uniform regulations and requirements under the provisions of this Chapter.

DWELLING

A building arranged, intended, designed or used as the living quarters for one or more families living independently of each other upon the premises. The term "dwelling" shall not be deemed to include hotel, motel, rooming house.

MULTIPLEA building arranged and intended for occupancy by three or more families independently of each other and doing their own cooking therein.

ONE-FAMILYA building arranged, designed or intended for and occupied exclusively by one family.

TWO-FAMILYA building arranged, designed and intended for occupancy by two families living independent of each other and doing their own cooking therein.

DWELLING UNIT

A building or portion thereof providing one or more rooms arranged for the use of one or more individuals living together as a family, and having no cooking or sanitary facilities in common with any other dwelling unit.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

FAMILY

One or more persons related as husband and wife or parents and children occupying a dwelling and living together as a single housekeeping unit and using cooking facilities and certain rooms in common; or

FLOODPLAIN AREA, IDENTIFIED

Where unrelated person live together, four or less persons shall be considered an equivalent family.

FEMA

The Federal Emergency Management Agency, previously called Federal Insurance Administration (FIA).

FLOOD

A temporary inundation of normally dry land areas.

FLOODPLAIN

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

The floodplain area specifically identified in this Chapter as being inundated by the one-hundred-year flood. Included would be areas identified as Floodway (FW), Flood Fringe (FF) and General Floodplain (FA).

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this Chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

FLOOR AREA or GROSS FLOOR AREA

The gross floor space of the building or buildings, measured from the exterior faces of exterior walls or buildings, or from the center line of walls separating buildings. In particular, the floor area of a building or buildings shall include all spaces with a structural headroom of seven feet six inches except cellars.

FORESTRY

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.

GARAGE, PRIVATE

An enclosed space for the storage of one or more private motor vehicles provided that no business, occupation or service is conducted therein.

GARAGE SALE

The display and sale of personal property which, from time to time, is displayed and sold on the premises. Also called "yard sale" or "tag sale."

GARDEN APARTMENT HOUSE

A multifamily dwelling, containing three or more family dwellings lot which is held in single and separate ownership having yards in common but which may also have other joint facilities and services.

GASOLINE SERVICE STATION

A structure, building or area of land or any portion thereof that is used for the sale of gasoline or any other motor vehicle fuel and oil and/or other lubricating substance, which may or may not include facilities for lubricating, washing, sale of accessories and otherwise servicing motor vehicles but not including the painting thereof.

GOVERNING BODY

The Ralpho Township Board of Supervisors.

GRADE

The average finished ground elevation adjoining the buildings.

HABITABLE FLOOR AREA

Space used for living, sleeping, eating or cooking or combinations thereof, but not including bathrooms, closets, halls, storage rooms, utility and similar spaces. The minimum habitable floor area of a one bedroom dwelling unit shall be 390 square feet and the minimum habitable floor area of a two bedroom dwelling unit shall be 470 square feet.

HEIGHT OF A COMMUNICATIONS TOWER

The vertical distance measured from the ground level to the highest point on a communications tower, including antennae mounted on the tower.

HEIGHT OF BUILDINGS

The vertical distance from the mean grade at the front of the building or the average of the street fronts, if building faces more than one street, to the highest point of the roof beams of a flat roof and/or to the mean height between eaves and ridge for gabled, hipped and pitched roofs.

HEIGHT OF SIGNS OR OTHER STRUCTURES

The vertical distance measured from the average grade at the front of the structure or sign to its highest point, which includes the supporting structure.

HISTORIC STRUCTURE

Any structure that is:

Built on a single chassis;

Not more than 400 square feet, measured at the largest horizontal projections;

NONCONFORMING STRUCTURE OR BUILDING

Designed to be self-propelled or permanently towable by a light-duty truck;

(4)

Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(a)

By an approved state program as determined by the Secretary of the Interior; or

(b)

Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

A home occupation shall be an incidental use of a dwelling unit or of a building or other structure accessory to a dwelling unit and shall be conducted by a person or persons residing in the dwelling unit and not more than two nonresident employees.

HORTICULTURE

The cultivation of a garden or orchard for commercial purposes.

IMPERVIOUS COVERAGE

A percentage when multiplied by the lot area will determine the permitted impervious coverage for all areas covered by any material which does not allow the absorption of rainwater into the soil.

[Added by Ord. 188, 7/11/2017]

LAND DEVELOPMENT

Any of the following activities: (1) the improvement of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving (i) 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 (ii) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; (2) a subdivision of land.

LOT

A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed or required. The term lot shall also mean parcel, plot, site or any similar term.

LOT AREA

The area of land contained within the limits of the property lines bounding that area. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

LOT, CORNER

A lot at the point of intersection of and abutting on two or more intersecting streets, and which, has an interior angle of less than 135° at the intersection of two street lines.[2]

LOT LINE

Any boundary line of a lot. Where a lot line is irregular, its mean alignment shall be the determining measurements under this chapter.

LOT, RECORD

A lot, the boundaries of which are established by a recorded deed or plot plan.

LOT WIDTH

The distance between side lot lines as measured along the street right-of-way line. It shall be the shortest straight-line distance and not be measured along the arc.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles placed on a site for more than 180 consecutive days.

MANUFACTURED HOME LOT

A parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home, which is leased by the park owner to the occupants of the manufactured home erected on the lot.

MANUFACTURED HOME PARK

A parcel (or contiguous parcels) of land under single ownership which has been planned and improved for the placement of two or more manufactured homes.

MEDIATION

A voluntary negotiation process in which parties in dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement with the parties themselves create and consider acceptable.

MEMBERSHIP CLUB

A nonprofit social organization.

MINOR REPAIR

The replacement of 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 exitway 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.

MOBILE HOME

A transportable, single-family dwelling (or "manufactured home"), intended for permanent occupancy, office or place of assembly contained in one unit, or in two units, designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.

MOTEL

A building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a parking space, and offered principally for rental and use by motor vehicle travelers. The term "motel" includes, but is not limited to, auto courts, motor courts, tourist courts, motor inns, motor lodges and roadside hotels.

MUNICIPAL AUTHORITY

A body politic and corporate created pursuant to the active May 2, 1945 (P.L. 382, No. 164), known as the Municipal Authorities Act of 1945.

MUNICIPAL BUILDING

Any municipal building except those with unusual or noxious operating characteristics such as sewage treatment plants, sanitary landfills or other solid waste treatment centers.

MUNICIPALITY

Ralpho Township, Northumberland County, Pennsylvania.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after February 13, 1979, and includes any subsequent improvements thereto.

NONCONFORMING LOT

A lot, the area or dimension of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

A structure or building which does not conform to the applicable regulations of the district in which it is located. However, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking spaces.

NONCONFORMING USE

A building, structure, sign or use of land which does not conform to the applicable regulations of the district in which it is located. However, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking spaces.

NURSING HOME

Any structure where more than four unrelated persons are residing and receiving care for medical, nursing, physical, emotional, mental or social problems or reasons, and where the caregivers are being offered remuneration or compensation of any kind.

OBSTRUCTIONS

Any 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, floodplain district or flood-prone area, i) 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 ii) which is placed where the flow of the water might carry the same downstream to the damage of life and property.

ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the planned residential development, not including streets, off-street parking areas and areas set aside for public facilities.

PARKING LOT

An off-street surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space appurtenant hereto. Parking lots shall not be located more than 300 feet from a public road, nor shall an individual lot contain more than 60 spaces. Parking lots shall be designed to avoid backing up into public streets or service driveways.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and measuring a minimum of 10 feet by 20 feet, exclusive of driveways, passageways and maneuvering space appurtenant thereto.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this Chapter.

PLANNING COMMISSION

Ralpho Township Planning Commission.

PROFESSIONAL OFFICE

The office of a member of a recognized profession, as hereinafter indicated, when conducted on a residential property shall be conducted by a member or members of the residential family entirely within a residential building and shall include only the offices of doctors, ministers, architects, professional engineers, lawyers and such similar professional occupations which may be so designated by the Zoning Hearing Board, upon finding by such Board that such occupation is truly professional in character by virtue of the need for special training and experience as a condition for the practice thereof and the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent that for the professional activities listed herein. The issuance of a state or local license or regulation of any gainful occupation need not be deemed indicative of professional standing.

PUBLIC GROUNDS

Includes:

Parks, playgrounds, trails, paths and other recreational areas and other public areas.

Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

PUBLIC UTILITY TRANSMISSION TOWER

Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting pursuant to public notice under the Act of July 3, 1986 (P.L. 388, No. 84) known as the "Sunshine Act."

PUBLIC NOTICE

Notice published as prescribed by Act 170 of 1988, as amended, or in the absence of any requirements by said Act, public notice shall be provided as prescribed in the Second Class Township Code.

A structure owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.

RECREATIONAL VEHICLE

A vehicle which is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

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;

REGULATORY FLOOD ELEVATION

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

The one-hundred-year flood elevation plus a freeboard safety factor of one foot.

RIGHT-OF-WAY

The total width of any land reserved or dedicated as a street, sidewalk, walkway or for other public or semipublic purposes.

ROADSIDE STAND

A structure designed or used for the display or sale of agricultural products.

SETBACK LINES

The minimum building lines along the front, sides and rear of a lot as determined by the yard requirements of this Chapter.

SIGN

Any structure, building, wall or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or other representation used for announcement, direction or advertisement. The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit, nor public traffic or directional signs.

SIGN, BUSINESS

A "sign" which directs attention to a business, profession or industry conducted on the premises or to products sold, manufactured or assembled upon the same premises upon which it is displayed.

SPECIAL EXCEPTION

A use permitted not by right but only with special permission, granted by the Zoning Hearing Board, to occupy and use land and/or building for specific purposes in accordance with conditions stipulated within this Chapter.

SPECIAL PERMIT

A special permit is required for the construction of any building not expressly identified within a zoning district or when a variance or special exception is requested.

STORAGE FACILITY, SELF SERVICE

Any structure designed and used for the purpose of renting or leasing storage space to occupants who are to have access to such for the purpose of storing and removing said property. Provided, storage rental unit shall not exceed eight feet in width by 10 feet in length.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, then the space between any floor and the ceiling next above it. A basement, but not a cellar, shall be deemed to be a story. Each level of a split level building, excluding cellars, shall be considered a half story.

STORY, HALF

Any space immediately below and wholly or partly within the roof framing, with or without a finished floor, where the clear height of not more than 75% of such space has structural headroom of seven feet six inches or more.

STREET

A public or private right-of-way built to public standards, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley and road or similar terms. Streets shall not be used for right angle parking where it will interfere with traffic movement.

STRUCTURE

Anything constructed or erected on the ground, whether affixed or not including, but not limited to, buildings, sheds, manufactured homes, carports, amusement park rides other similar items.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts 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 division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwellings shall be exempted.

SUBDIVISION ORDINANCE

The Ralpho Township Subdivision and Land Development Ordinance [Chapter 22].

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or