For purposes of this chapter, certain words shall be interpreted
as follows:
A.
Words used in the 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 word "include" or "including" shall not limit the term to the
specified examples, but is intended to extend the meaning to all other
instances of like kind and character.
F.
The word "building" shall always be construed as if followed by the
words "or part thereof."
G.
The word "may" is permissive, and the words "shall" and "will" are
always mandatory.
Words and terms used in this chapter shall have the meanings
given in this article. Unless expressly stated otherwise, any pertinent
word or term not a part of this listing, but vital to the interpretation
of this chapter, shall be construed to have its legal definition or,
in absence of a legal definition, its meaning as commonly accepted
by practitioners including civil engineers, surveyors, architects,
landscape architects, and planners.
A privately owned, constructed, and maintained vehicular
access from a public or private right-of-way to off-street parking
or loading spaces.
A place 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 "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 detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. (See § 275-61 for regulations regarding accessory structures and uses.)
A use on the same lot and customarily incidental and subordinate
to the principal use.
An extension or increase in floor area or height of a building
or structure.
Any business, club or other similar operation which permits
patrons, clients, visitors or members to hear, view, read, lease,
purchase, trade or exchange, and/or participate in activities, publications,
movies, videotapes, and/or live or televised performances which have
as their dominant theme or themes explicit sexual activities and/or
the exhibition of portions of the human or animal anatomy which are
not normally seen in public or in commercial or other club-type operations,
including the genital areas, buttocks, and female breasts, and which
operations may or may not exclude minors by virtue of age. Included
in the term "adult use" are bookstores, movie theaters, restaurants,
bars, and any other operation which qualifies for inclusion by virtue
of the definition above, regardless of the type of other uses or operations
which may also be conducted on or in the property or properties involved.
The use of land for agricultural purposes, including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture,
and animal and poultry husbandry, and the necessary accessory uses
for packing, treating, and storing the produce; provided, however,
that the operation of any such accessory uses shall be secondary to
that of the normal agricultural activities.
A minor, vehicular right-of-way, publicly or privately owned,
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, except in a conservation subdivision, where an alley
may serve as primary access to a principal structure when the structure
faces a common green.
[Amended 9-16-2009 by Ord. No. 09-9-1]
As applied to building or structure, a change or rearrangement
in the structural parts or mechanical equipment, or any enlargement
or diminuation 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.
The raising and keeping of livestock, fish, fur-bearing animals,
honey bees, or poultry for any commercial purpose. The keeping of
livestock, fish, fur-bearing animals, honey bees, or poultry as farm
pets or for domestic purposes shall not be construed as animal husbandry.
An apparatus, external to or attached to the exterior of
a building, together with any supporting structure for sending or
receiving electromagnetic waves.
The area which lies between the satellite dish antenna and
an orbiting satellite.
A person who has filed an application for approval of subdivision
or land development plans, including his/her heirs, successors, agents,
and assigns. The term also includes landowner, developer, builder,
and/or other persons responsible for the plans and construction of
buildings or other improvements on any parcel of land.
An underground bed or stratum of earth, gravel, or porous
stone that contains water.
The exposed ground-level portion of an aquifer.
An establishment or work space for the creation, manufacture,
and/or preparation of individually crafted artwork, jewelry, furniture,
sculpture, pottery, art photography, leather crafts, hand-woven articles
and related items, and which may also include the sale, loan, or display
of such items.
[Added 9-9-2015 by Ord.
No. 2015-03]
A building containing a stage and seating for meetings and/or
performances.
Major repairs include spray painting; body, fender, clutch,
transmission, differential, axle, spring and frame repairs; major
overhauling of engines requiring removal of cylinder head; repairs
of radiator requiring removal thereof; and complete recapping or retreading
of tires.
Includes sale and servicing of spark plugs, batteries, and
distributors and distributor parts; tire servicing and repair, but
not recapping or regrooving; replacement of mufflers and tail pipes,
water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats,
seat covers, windshield wipers and wiper blades, grease retainers,
wheel bearings, mirrors and the like; radiator cleaning and flushing;
washing and polishing, and sale of automotive washing and polishing
materials; greasing and lubrication; providing and repairing fuel
pumps, oil filters, and lines; minor servicing and repair of carburetors;
emergency electrical repairs; adjusting and repairing brakes; minor
motor adjustment not involving removal of the head or crankcase or
racing the motor; provision of road maps and other informational material
to customers; provision of rest room facilities; and state inspection
and normal state inspection repairs.
Any premises used for supplying gasoline and oil, tires,
accessories and services for motor vehicles at retail direct to the
motorist consumer, including minor automotive repair.
Includes savings and loan, finance companies, credit unions
and other similar financial or fiduciary institutions.
The minimum value with which to calculate both tract density
and lot area. If none of the items which are excluded from lot area
determination are located on the tract, the base density is the minimum
acreage required for an acceptable lot.
The area of a tract outside public and private rights-of-way,
access easements, or access strips.
[Added 9-16-2009 by Ord. No. 09-9-1]
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 six and one-half feet. A space which does
not meet the above criteria is a "cellar."
A residential accessory use consisting of one dwelling unit
together with no more than five rooms or suites, accommodating no
more than 10 guests, 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 commercial use consisting of a single dwelling unit and
no more than five rooms or suites, accommodating no more than 10 lodgers,
where lodging is provided with or without meals to tenants for periods
generally longer than 30 days for compensation.
An area designed and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Unless otherwise specified, buffer may be included as part of
the required setbacks and yard areas.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind or nature.
(See "accessory building" and "principal building.")
The administrative officer charged by the Board of Supervisors
with the duty of enforcing the provisions of the Zoning Ordinance
and the Township Building Code.[1]
The ratio obtained by dividing the maximum horizontal cross-section
of all principal and accessory buildings on a lot (including balconies
and decks, covered porches, carports and breezeways, but excluding
patios) by the net lot area of the lot upon which the buildings are
located. Building coverage is expressed as a percent.
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. (See also "yard line.") For the purposes of measuring
lot width at the building line, the following apply:
For wedge-shaped lots which are narrower at the street than
at the rear property line, the building line may be moved back from
the minimum front yard depth to a point where the lot width equals
the minimum required for the district, provided that at least 50 feet
of street frontage is provided and the lot complies with all other
dimensional requirements of the district.
Where "rear" or "interior" lots are permitted, the building
line shall be oriented as parallel or concentric to the street from
which access is provided as is feasible, and set back from the intervening
property line at least the minimum front yard depth.
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 children 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 portion of a street or highway right-of-way designed
for vehicular traffic, typically paved.
The portion of a building which is partly or completely below
grade, and having more than 1/2 of its height below grade. (See "basement.")
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 16 years of age.
See "day-care facilities."
One or more buildings or structures which by design and construction
are primarily intended for the conducting of organized religious services
and accessory uses associated therewith.
All historic resources ranked "I" by the Marlborough Township
Historic Resources Inventory. These resources include:
[Added 9-9-2015 by Ord.
No. 2015-03]
All buildings, sites, structures, objects, and districts listed
on the National Register of Historic Places;
Contributing resources, i.e., buildings, sites, structures,
and objects filed as such with the National Register of Historic Places.
Buildings, sites, structures, objects, and districts which have
received a determination of eligibility for the National Register
of Historic Places.
All historic resources ranked "II" by the Marlborough Township
Historic Resources Inventory. These resources include:
[Added 9-9-2015 by Ord.
No. 2015-03]
Buildings, sites, structures, objects, and districts not meeting
National Register criteria but determined to be of high historical
or architectural value to Marlborough Township and appropriately documented
as such in the Inventory.
All historic resources ranked "III" by the Marlborough Township
Historic Resources Inventory. These resources include:
[Added 9-9-2015 by Ord.
No. 2015-03]
All other buildings, sites, structures, objects, and districts
listed in the Inventory not meeting the criteria for a Class I or
Class II historic resource but still historically significant.
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.
An alternative development method wherein structures are
arranged in closely related groups, reducing lot sizes, preserving
land for open space, and permitting more imaginative site design than
may be possible under standard development.
All the real property and improvements, including without
limitation, landscaped areas, buffers, greenway land not included
within title lines of any privately owned lot, street rights-of-way
not dedicated to Marlborough Township, owned in common by residents
within the development which is served by the facilities.
[Added 9-16-2009 by Ord. No. 09-9-1]
A nonprofit organization comprised of homeowners or property
owners, the function of which is to maintain and administer property
owned in common by members of the association or by the association,
to protect and enhance the value of the property owned individually
by each of the members. Homeowners' associations and condominium associations
are types of community associations.
[Added 9-16-2009 by Ord. No. 09-9-1]
The Marlborough Township Comprehensive Plan and amendments
thereto, including maps, charts, and/or descriptive matter officially
adopted by the Township Planning Commission and Township Supervisors,
intended to express the policies that guide future development of
the municipality, including all elements required by the Pennsylvania
Municipalities Planning Code.
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Board of Supervisors. The Board of Supervisors
is empowered to grant permission for conditional uses consistent with
the public interest, in compliance with the standards and procedures
established in this chapter, following thorough examination of the
proposal, and under any reasonable safeguards necessary to implement
the purposes and intent of this chapter and to protect the general
welfare.
Real estate, portions of which is designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those separate portions. All or a portion of the exterior common open space or greenway land and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., as amended, and in accordance with the provisions for open space, greenway land, roads or other development features in the Zoning Ordinance and Chapter 215, Subdivision and Land Development.
[Amended 9-16-2009 by Ord. No. 09-9-1]
A facility designed for conventions, meetings, and related
exhibits of business associations, civic groups, private parties and
similar organizations, or for training employees of a corporation
or other organization, and which may include the provision of meals,
food or drink to attendees but that shall not include:
[Added 9-9-2015 by Ord.
No. 2015-03]
A large, privately owned and maintained lot, often containing
an existing dwelling, farm complex, or historic structure, comprising
part of the required greenway land in a conservation subdivision.
[Added 9-16-2009 by Ord. No. 09-9-1]
Lands upon which primary resources are located. All primary
conservation areas are located within greenway lands.
[Added 9-16-2009 by Ord. No. 09-9-1]
Lands containing secondary resources that are conserved as
a part of greenway land.
[Added 9-16-2009 by Ord. No. 09-9-1]
A residential subdivision that preserves at least 50% of
the buildable land on a tract, plus floodplain, wetlands and steep
slopes, as greenway land.
[Added 9-16-2009 by Ord. No. 09-9-1]
The area of land resulting from a calculation that subtracts
from the base tract area the acreage sum of certain features on the
land, each of which is multiplied by a density factor set forth in
the Zoning Ordinance. The constrained land calculation does not include
area inside any public right-of-way or access easement.
[Added 9-16-2009 by Ord. No. 09-9-1]
The construction, conversion, reconstruction, renovation,
repair, extension, expansion, alteration or relocation of a building
or structure, including the placement of mobile or manufactured homes.
Sharing a boundary. For the purposes of this chapter, properties
on opposite sides of a public right-of-way shall not be considered
contiguous.
Facilities for a contractors' business operations, which
may include the storage of materials and equipment and incidental
on-site production.
[Added 1-11-1999 by Ord. No. 99-2]
An historic resource in a district that adds to the historic
significance of the district.
[Added 9-9-2015 by Ord.
No. 2015-03]
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 Board of Supervisors 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.
The following types of day-care facilities are regulated
by this chapter:
[Amended 6-14-2023 by Ord. No. 2023-02]
CHILD DAY-CARE CENTERA facility in which care is provided for seven or more children, at any one time, where the child-care areas are not being used as a family residence. See 55 Pa. Code § 3270.4.
GROUP DAY-CARE HOMEA facility in which care is provided for more than six but less than 12 children, at any one time, where the child-care areas are being used as a family residence. See 55 Pa. Code§ 3280.4.
FAMILY DAY-CARE HOMEAny premises other than the child's own home, operated for profit or not for profit, in which child day care is provided at any one time to four, five or six children who are not relatives of the caregiver. See 55 Pa. Code § 3290.4.
ADULT DAY-CARE CENTERA facility that provides a planned program of activities in a professional care setting designed for three or more unrelated adults who require supervised care.
A unit which describes the sound pressure level or intensity
of sound. A sound level meter is calibrated in decibels.
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.
The complete or partial dismantling, removal, or destruction
of an historic resource.
[Added 9-9-2015 by Ord.
No. 2015-03]
The deliberate disregard of routine maintenance, causing
weakness, decay, and deterioration of an historic resource or any
part thereof, for purposes of avoiding the provisions of this chapter;
also, the intentional act of disregarding the security of an historic
resource, resulting in degradation by criminal activity, for purposes
of avoiding the provisions of this chapter.
[Added 9-9-2015 by Ord.
No. 2015-03]
The maximum number of dwellings per acre permitted on a tract.
[Added 9-16-2009 by Ord. No. 09-9-1]
The Department of Health of the Commonwealth of Pennsylvania.
[Added 5-9-2018 by Ord.
No. 2018-1]
The distance between the ground surface and the solid rock
underlaying the looser material of the earth's surface. Shallow depth
to bedrock is an area in which bedrock is located at or near the ground
surface.
A facility for the temporary storage of stormwater runoff.
A formal decision by the Department of the Interior certifying
that a district, site, building, structure or object meets the National
Register of Historic Places' criteria for evaluation, although the
same is not formally listed on the National Register of Historic Places.
A determination of eligibility does not make the district, site, building,
structure or object eligible for benefits such as grants, loans, or
tax incentives that have listing on the National Register of Historic
Places as a prerequisite.
[Added 9-9-2015 by Ord.
No. 2015-03]
Materials which decompose by detonation. Such materials include
explosives, unstable compounds, and fissionable matter.
A rapid buildup 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, drilling
operations, or storage of materials or equipment.
[Amended 12-9-1996 by Ord. No. 96-7]
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.
A basic igneous rock, locally called "ironstone." It is composed
essentially of plagioclase feldspar and augite and of small quantities
of magnetite and apatite. Known for its hardness, compactness, and
resistance to fracturing and faulting, it has a very low porosity
and permeability rate.
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.
An establishment engaged in one or more of the following,
including: dry-cleaning services, laundering services, dropoff and
pickup sites for dry-cleaning and/or laundering services, and/or specialty
cleaning services for garments and other textile items, whether or
not the establishment provides all, some or none of the services on
the premises.
[Added 9-9-2015 by Ord.
No. 2015-03]
For the purposes of this chapter, the following are the definitions
of the various types of dwelling units:
SINGLE-FAMILY DETACHED DWELLING UNITA building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.
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 SEMIDETACHED)A two-family building with dwelling units placed side-by-side, and joined to each other by a vertical common party wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall. Separate ingress and egress is provided to each unit.
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 comprised of at least three dwelling units. This dwelling type shall include, but not be limited to, dwelling units commonly known as townhouses, rowhouses, triplexes, quadruplexes, and multiplexes.
TOWNHOUSE (ROWHOUSE)A single-family attached dwelling in a row of at least three units, with each dwelling unit occupying the area 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. Because of the variety of configurations, a multiplex can be designed to look like a large, single family detached house, a feature which is encouraged by this chapter.
MULTIFAMILY BUILDINGA detached residential building containing three or more dwelling units. Units may not be arranged entirely in horizontal rows (like townhouses), and are generally located entirely above or below one another. Units may share outside access and/or internal hallways, lobbies, and similar facilities. The dwelling units cannot be individually lotted, but instead share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as rental or condominium development. This dwelling type includes garden apartments, flats, and multifamily conversions.
APARTMENTA single dwelling unit in a multifamily building; a single dwelling unit in a duplex may also be referred to as an apartment.
One or more rooms, designed, occupied or intended to be occupied,
whether permanently or seasonally, as separate living quarters, with
cooking, sleeping, and sanitary facilities provided within the dwelling
unit for the exclusive use of a single family maintaining a household.
In a conservation subdivision, a second dwelling unit permitted
on a single lot. The ADU is subordinate to and smaller than the principal
dwelling unit. See also "accessory structure or building."
[Added 9-16-2009 by Ord. No. 09-9-1]
The primary dwelling unit on a single-family detached residential
lot.
[Added 9-16-2009 by Ord. No. 09-9-1]
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.
A public or private institution for post-secondary education
and uses normally incidental thereto, including but not limited to
classrooms, administrative offices, cafeterias, athletic facilities,
dormitories, and off-street parking areas. An educational campus shall
not include educational uses that are contained in one building.
[Added 10-13-2021 by Ord. No. 2021-02]
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.
Any number of individuals living together on a nontransient
basis as a single housekeeping unit and doing their cooking on the
premises, when said individuals are related by blood, marriage or
adoption, including any number of foster children; no more than five
unrelated individuals living together as a single housekeeping unit
and doing their cooking on the premises, except when an application
for a special exception to enable a greater number of unrelated individuals
to occupy a dwelling unit is reviewed and approved by the Zoning Hearing
Board, as provided herein.
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 Act of 1988. Such unrelated individuals shall
have the right to occupy a dwelling unit in the same manner and to
the same extent as any family unit as defined in the first subsection
of this definition.
See "day-care facilities."
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building or off the premises.
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 soils floodplain, or other similarly documented areas, the one-hundred-year flood elevation shall be established as a point on the boundary of the floodplain nearest to the construction site in question. Within the approximated floodplain, information from federal, commonwealth, or other acceptable sources shall be used to determine a floodway area if such information is available.
[Amended 12-9-1996 by Ord. No. 96-7]
COMPLETELY DRY SPACESpace which will remain totally dry during flooding, the structure is designed and constructed to prevent the passage of water and water vapor.
ESSENTIALLY DRY SPACESpace which will remain dry during flooding except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
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.
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.
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this chapter, it also delineates floodplain areas.
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 MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
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.
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.
[Amended 12-9-1996 by Ord. No. 96-7]
REGULATORY FLOOD ELEVATIONThe one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
[Amended 12-9-1996 by Ord. No. 96-7]
Structural features, which may or may not be deemed historic,
including but not limited to dwellings, agricultural buildings, outbuildings,
fences, gates, stone walls, cemeteries, mileposts, man-made ponds
and dams. Scenic views are also cultural features.
[Added 9-16-2009 by Ord. No. 09-9-1]
Nonstructural elements of the landscape, including but not
limited to floodplain, wetlands, steep slopes, rock outcrops, woodland,
forest, individual trees, animal habitat, plant or animal endangered
species, meadow, field, pasture and cropland.
[Added 9-16-2009 by Ord. No. 09-9-1]
The gross floor area of all buildings on a lot divided by
the gross lot area.
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 area 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%.
The length of the lot line abutting a street right-of-way.
An area of greenway land, surrounded by streets on at least
two and often three or four sides, around which dwellings are organized.
[Added 9-16-2009 by Ord. No. 09-9-1]
A parcel or parcels of land and/or water within a conservation
subdivision or land development set aside for the protection of natural
and cultural resources. It is also intended for the use and enjoyment
by the residents of such development and possibly the general public.
Greenway land is substantially free of structures, but may contain
such improvements as are in the finally approved development plan,
and does not include individually owned private yards, except in the
case of approved conservancy lots. Greenway land may be a combination
of natural or naturalized areas (such as the municipal greenway network
and rural trails) and more manicured areas (such as common greens,
squares, parks and playing fields). Greenway land is permanently restricted
against further development. The terms "greenway" and "greenway land"
are synonymous.
[Added 9-16-2009 by Ord. No. 09-9-1]
The total floor area designed for owner or 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; not including public or common areas,
such as public toilets, corridors, stairwells, elevator lobbies, or
enclosed mall spaces.
See "day-care facilities."
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 handicapped individuals as defined by the Fair Housing Amendments
Act of 1988, as amended. However, "handicapped" shall not include
any persons whose residency in the facility would constitute a direct
threat to the health or safety of other individuals within the home
or the surrounding community. The term "group home" shall not include
nursing homes, work-release facilities for convicts or ex-convicts,
or other housing facilities serving as an alternative to incarceration.
[Amended 12-9-1996 by Ord. No. 96-7]
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, dispensary, home health care agency,
and personal care boarding home.
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,
outpatient care facilities, blood banks, and oxygen and miscellaneous
types of medical supplies and services.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak).
[Added 9-16-2009 by Ord. No. 09-9-1]
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of a flat or multilevel roof; for gable, hip or gambrel roofs,
measured to mean height between the eaves and ridge. Residential chimneys,
mechanical penthouses, and similar projections not intended for human
occupancy shall be excluded. The Marlborough Township Zoning Ordinance
definition of "height of building" shall control in the event that
it is different than as provided herein.
[Amended 9-9-2015 by Ord.
No. 2015-03]
A landing area for helicopters which includes facilities
for fueling, repair, and storage of helicopters and which is licensed
by the PADOT.
A helicopter landing area (sometimes known as a "helistop")
licensed by the Pennsylvania Department of Transportation (PADOT)
for the purpose of picking up or discharging passengers or cargo.
No fueling, helicopter repair or storage area(s) are permitted in
conjunction with the operation of a personal use heliport.
A significant concentration, linkage, or continuity of buildings,
structures, sites, or objects joined by plan or physical development.
Examples include but are not limited to business districts and industrial
areas, residential neighborhoods, college campuses, villages, or transportation
systems.
[Added 9-9-2015 by Ord.
No. 2015-03]
A building, structure, object, site, or a contributing resource
to an historic district that is historically significant to the nation,
state, or to Marlborough Township. Historic resources may be significant
for association with historically important events or people or significant
for architecture or building technique.
[Added 9-9-2015 by Ord.
No. 2015-03]
An historic resource's association with events, trends, or
persons important in history or important for reasons of the architecture,
architect, cultural significance, engineer, or designer, building
type, or builder, or a commemorative event, provided that it substantially
retains its historic architectural integrity, that is, the authenticity
of the historic resource's historic identity, evidenced by the survival
of physical characteristics that existed during the historic resource's
historic period.
[Added 9-9-2015 by Ord.
No. 2015-03]
Any structure or site that is listed in the Marlborough Township
Open Space Plan or Historic Inventory or the Upper Perkiomen Regional
Comprehensive Plan as historic.
[Added 9-16-2009 by Ord. No. 09-9-1]
Any structure that is:
[Added 12-9-1996 by Ord. No. 96-7]
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:
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 Article VIII 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.
A nonprofit organization comprised of homeowners or property
owners, planned and operated under negotiated and approved rules and
regulations, for the purpose of administering the needs of residents
through the maintenance of community owned property. See "community
association."
[Added 9-16-2009 by Ord. No. 09-9-1]
An institution licensed in the Commonwealth of Pennsylvania
as a hospital which renders inpatient, outpatient, and emergency medical
care on a twenty-four-hour-per-day basis and provides primary health
services and medical/surgical care to persons with physical or mental
conditions requiring definitive diagnosis or treatment, or both.
[Added 10-13-2021 by Ord. No. 2021-02]
An establishment providing transient accommodations, containing
five or more rental rooms or suites, where access to rooms is provided
through a lobby and internal hallways and the building height is more
than two stories. Meeting rooms, banquet facilities and ancillary
commercial shops are often provided within the building, with internal
hallway access.
Coverage of the site by materials which cannot be penetrated
by water and which therefore results in a stormwater runoff of 100%.
Included are all buildings and all forms of paving used for roads,
driveways, parking and loading areas, walks, courts, patios, etc.
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, fishing,
hunting and trapping, mining, construction, manufacturing, transportation,
communication, utility services, and wholesale trade. (See "industry,
light" and "industry, heavy.")
Industrial activities which do not meet the definition of
"light industry."
Industrial activities which are carried out entirely within
an enclosed building and involve no outdoor processes or outdoor storage
of primary raw materials.
A facility that provides nursing care and related medication
or other personal health services on a regular basis to individuals
who do not require a degree of care or treatment which a hospital
or skilled nursing care facility is designed to provide, but who,
because of their mental or physical disability, require hospital or
skilled nursing services within the context of a planned program of
care and administrative management, supervised on a continuous twenty-four-hour
basis in an institutional setting. (See "skilled nursing care facility"
and "personal care facility.")
Predominantly nonnative tree, shrub, vine, or herbaceous
species that grow or reproduce aggressively, usually because they
have few or no natural predators, and which can so dominate that they
out-compete native plant species. Invasive plant species shall be
those listed on the Pennsylvania Department of Conservation and Natural
Resources "Invasive Plants in Pennsylvania," as amended.
[Added 9-16-2009 by Ord. No. 09-9-1]
Includes refuse, rubbish, scrap, and debris, whether recyclable
or not, and made from any or all material other than solid waste as
defined herein. It shall not include refuse or garbage kept in proper
containers for the purposes of prompt disposal.
Any outdoor establishment or place of business which is maintained,
used, or operated for storing, keeping, buying, or selling junk, including
junked motor vehicles and their parts.
Any structure or premises in which more than six dogs or
other domesticated small animals more than one year old are housed,
groomed, bred, boarded, trained or sold.
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 development:
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.
Any activity which exposes soils, alters topography and/or
alters woody vegetation, except for removal of a safety hazard, diseased
trees, or invasive vegetation.
[Added 9-16-2009 by Ord. No. 09-9-1]
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 establishment that provides washing, drying and/or ironing
machines and/or services to be used by customers on the premises for
garments and/or textiles.
[Added 9-9-2015 by Ord.
No. 2015-03]
Public or private facility serving the informational, educational
and recreational needs of Township residents where literary, musical,
artistic, or reference materials (such as books, manuscripts, recordings,
or films) are kept for use, typically for free, but not for sale.
Outdoor event space may be offered in conjunction with a library so
long as it is an accessory use to the principal library use.
[Added 10-13-2021 by Ord. No. 2021-02]
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 designated parcel, tract, or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
The gross lot area, excluding areas of public and private rights-of-way, access easements, access strips, and natural features as determined using the method in § 275-91 of this chapter.
Calculated land area contained within the deeded boundaries
of a lot.
Lots developed under any zoning district other than the Conservation
Subdivision Overlay District.
[Added 9-16-2009 by Ord. No. 09-9-1]
Any property boundary line of a lot, further defined as follows:
FRONT LOT LINEThe line identical with the legal right-of-way line.
REAR LOT LINEThe line or lines most nearly parallel or concentric to the front lot line.
SIDE LOT LINESThe lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable. The remaining line shall be considered the rear lot line.
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.
A lot which conforms in all respects to the dimensional requirements
of the zoning district in which it is located, except that the only
road frontage and access is limited to an access strip. This definition
does not include the commonly used wedge-shaped lots located on a
cul-de-sac turnaround. Also known as a "rear" or "interior lot."
The process or operation of making wares or products from
raw materials by hand or by the use of machine(s).
A publication compiled, maintained and published by the Marlborough
Township Historical Commission that identifies and describes historical
resources, and which is made available for public inspection at the
Marlborough Township Building during regular business hours, and may
be otherwise published by the Marlborough Township Historical Commission.
[Added 9-9-2015 by Ord.
No. 2015-03]
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania pursuant to the Medical Marijuana
Act.
[Added 5-9-2018 by Ord.
No. 2018-1]
Act 16 of 2016, 35 P.S. §§ 10231.101 through
10231.2110, as amended.
[Added 5-9-2018 by Ord.
No. 2018-1]
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
is registered by the Department of Health under the Medical Marijuana
Act to dispense medical marijuana. The term does not include a "health
care medical marijuana organization" under Chapter 19 of the Medical
Marijuana Act.
[Added 5-9-2018 by Ord.
No. 2018-1]
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
is registered by the Department of Health under the Medical Marijuana
Act to grow and process medical marijuana. The term does not include
a "health care medical marijuana organization" under Chapter 19 of
the Medical Marijuana Act.
[Added 5-9-2018 by Ord.
No. 2018-1]
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.
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 Board of Supervisors
by the applicant. Specifically excluded are motor homes, travel trailers,
and recreational vehicles.
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
of 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 Township's
building code, and must be placed on a permanent foundation. A copy
of the Structural Engineering Bulletin(s) must be provided to the
Board of Supervisors, indicating approval of the dwelling or its components
by the U.S. Department of Housing and Urban Development.
An establishment providing transient accommodations, containing
more than five rental rooms or suites, where access to rooms is from
directly outside the building. Building height is typically only one
or two stories, and the facility is generally served by a central
office rather than a lobby.
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.
All vehicles propelled or drawn by power other than muscular
power and intended for use on public highways or in agricultural activities.
An institution devoted to the procurement, care, study, display
and exhibition of objects of lasting interest or value. Outdoor event
space may be offered as an accessory use to the principal museum use.
[Added 10-13-2021 by Ord. No. 2021-02]
A component of a landscape existing or maintained as part
of the natural environment and having ecological value in contributing
beneficially to, among other things, air quality, erosion control,
groundwater recharge, noise abatement, visual amenities, growth of
wildlife, human recreation, reduction of climatic stress and energy
costs.
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 was lawfully in existence prior to the enactment of
such ordinance or amendment, or prior to the application of such ordinance
or amendment to its location by reason of annexation. Such nonconforming
structures include nonconforming signs.
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.
See "skilled nursing care facility."
An item that is primarily artistic or decorative in nature.
Examples include but are not limited to monuments, sculptures, fountains,
or statues.
[Added 9-9-2015 by Ord.
No. 2015-03]
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
An open-air area used for public and private assembly and/or
group entertainment, including facilities for fund-raisers, conferences,
weddings, live theater, concerts, and similar entertainment/professional
events, and excluding sporting events. The outdoor event space must
be accessory to a principal museum or library use or place of worship.
[Added 10-13-2021 by Ord. No. 2021-02]
An institution licensed as a health facility by the Pennsylvania
Department of Health which does not provide inpatient or twenty-four-hour-per-day
care. This may include, but is not limited to, family planning centers,
mental health and substance abuse centers, urgent care facilities,
kidney dialysis centers, freestanding surgical and emergency centers,
and other outpatient care centers.
[Added 10-13-2021 by Ord. No. 2021-02]
Any area which is predominately 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.
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."[2]
A document issued by the proper authority authorizing the applicant to undertake specified activities. See Article II 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 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 the Zoning Ordinance; or issued in approval of reoccupancy, a new use, or a change in use of buildings or land, indicating compliance with the Zoning Ordinance. Informally known as a "zoning permit."
A premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours for four
or more adults who are not relatives of the operator and who do not
require the services of a skilled nursing or intermediate care facility,
but who do require assistance or supervision in matters such as dressing,
bathing, diet or medication prescribed for self-administration. Sometimes
known as "assisted living." (See "skilled nursing care facility" and
"intermediate care facility.")
A business which provides a service oriented to personal
needs, and not primarily involving retail sales of goods or professional
advisory services. Includes barber, beauty salon, bakery, tailor,
dressmaker, shoe repair, photographer, travel agent, jewelry and watch
repair, or similar service uses.
The keeping and breeding of swine on a property for any commercial
purpose, where the animals are fed garbage as an integral part of
the business.
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
An informal plan submitted to the Township for discussion
prior to formal preliminary plan submittal. Engineering on sketch
plans is limited to that required to convey the development concept.
Sketch plans are not formally approved and vest no rights for the
applicant.
[Added 9-16-2009 by Ord. No. 09-9-1]
The Marlborough Township Planning Commission.
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic resource.
Work, including preliminary measures to protect and stabilize the
resource, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
[Added 9-9-2015 by Ord.
No. 2015-03]
See "conservation area, primary."
[Added 9-16-2009 by Ord. No. 09-9-1]
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.
A building in which services are performed by a member of
a profession, including an accountant, architect, author, community
planner, dentist, engineer, insurance agent, landscape architect,
lawyer, minister, notary, optometrist, physician, realtor, or undertaker.
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.[3]
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq. ("... 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.")
[Amended 8-12-2015 by Ord. No. 2015-11]
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.
[Added 1-11-1999 by Ord. No. 99-1]
The act or process of depicting, by means of new construction,
the form, features, character, and detailing of a nonsurviving site,
landscape, building, structure, or object for the purpose of replicating
its appearance at a specific period of time and in its historic location.
[Added 9-9-2015 by Ord.
No. 2015-03]
Recreation activities, including the facilities for such
activities, that are usually rigorously athletic and not quiet, and
have a noticeable impact on the surrounding neighborhood and environment.
Active recreation may include, but is not limited to, individual or
team sports, child's play, larger picnics, playgrounds over 8,000
square feet, ball courts, swimming pools, motorized boating, and recreational
events with a large number of participants and/or spectators.
[Added 9-16-2009 by Ord. No. 09-9-1]
Recreation activities, including the facilities for such
activities, that are usually quiet and not rigorously athletic, and
have a low impact on the surrounding environment. Passive recreation
may include, but is not limited to, trails and paths for pedestrians
and bicycles, nonmotorized boating, fishing, bird watching, tot lots
up to 8,000 square feet and quiet picnicking.
[Added 9-16-2009 by Ord. No. 09-9-1]
The act or process of making possible a compatible use for
a resource through repair, alterations, and additions while preserving
those portions or features which convey its historic significance.
[Added 9-9-2015 by Ord.
No. 2015-03]
A parent, child, stepparent, stepchild, grandparent, grandchild,
brother, sister, half-brother, half-sister, stepbrother, stepsister,
first cousin, aunt, uncle, niece, or nephew.
The maximum permitted ratio of dwelling units to land area
in a particular zoning district. For example, where the minimum lot
size is one acre, the residential density limit is one dwelling unit
per acre.
Resources consisting of one-hundred-year floodplain (including
the floodway), wetlands and prohibitive steep slopes (above 25%).
In conservation subdivision, all lands containing primary resources
are called "primary conservation areas."
[Added 9-16-2009 by Ord. No. 09-9-1]
Natural or cultural features outside primary conservation areas that are worthy of conservation by inclusion in greenway land. See a prioritized list of such features in § 215-81 of Chapter 215, Subdivision and Land Development. Lands containing secondary resources that are conserved are called "secondary conservation areas."
[Added 9-16-2009 by Ord. No. 09-9-1]
The act or process of accurately depicting the form, features,
and character of a resource as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
[Added 9-9-2015 by Ord.
No. 2015-03]
A vertical, self-supporting structure constructed of concrete,
durable wood, masonry or other materials, designed to resist the lateral
displacement of soil or other materials.
[Added 2-12-2020 by Ord. No. 2020-01]
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.
See "waste."
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
orbitally based uses. This definition is meant to include but not
be limited to what are commonly referred to as "satellite earth stations,"
"TVRO" (television reception only) and "microwave antennas."
A commercial establishment in a shopping center, located
in a freestanding building independent of other buildings, and frequently
near the road frontage of the center. Satellite uses are generally
characterized by a need for nearby parking, rapid customer turnover,
and vehicular service bays or drive-through services.
The part of the soil or underlying rock material that is
wholly saturated with water at the highest average depth during the
wettest season of the year.
See "conservation area, secondary."
[Added 9-16-2009 by Ord. No. 09-9-1]
A sewage disposal system in compliance with all state and
local regulations, approved by the Pennsylvania Department of Environmental
Protection and applicable sewer authority, and providing service to
multiple customers. Includes "public sewer facilities" and "common
sewage facilities."
A sewage disposal system independent of the public sewer
system, serving more than one residence or business through a community
treatment plant, land application system, or similar "satellite" system.
The central sewage system operated by a municipal authority.
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 Article X 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.
A location that, with or without the existence of buildings,
a structure, or objects, has historic significance. Examples include
but are not limited to battlefields, cemeteries, parks, ruins, scenic
views, or natural features.
[Added 9-9-2015 by Ord.
No. 2015-03]
A premises in which nursing care and related medical or other
health services are provided, for a period exceeding 24 hours, for
two or more individuals, who are not relatives of the operator, who
are not acutely ill or in need of hospitalization, but who, because
of age, illness, disease, injury, convalescence or physical or mental
infirmity need such care. (See "intermediate care facility" and "personal
care facility.")
[Added 9-16-2009 by Ord. No. 09-9-1]
Areas of natural land of 3,000 square feet or greater where
the grade is 15% or greater; these areas do not include man-made slopes.
Steep slopes are divided into two categories:
Slope shall be measured as the change in elevation over the
horizontal distance between consecutive contour lines. Slope shall
be measured over three two-foot contour intervals (six cumulative
vertical feet of slope). All slope measurements shall be determined
by a topographic survey signed and sealed by a registered surveyor
or engineer licensed to practice in Pennsylvania.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture.
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 and antiques stores. Stores
in excess of 7,500 square feet in a single structure are not included
in this use. Adult uses are excluded.
Vegetation that is a unique, rare, or otherwise specifically
selected tree or plant considered worthy of conservation by the municipality,
because of its species, size, age, shape, form, historical importance,
or any other significant characteristics, including listing as a "species
of special concern" by the Commonwealth of Pennsylvania. Examples
of what constitutes specimen trees are shown in the following table,
which is not considered all-inclusive. All healthy, noninvasive trees
not listed below, over 24 inches diameter at breast height (dbh),
are considered specimen:
[Added 9-16-2009 by Ord. No. 09-9-1]
|
Potential Specimen Trees
| |||
|---|---|---|---|
|
Species
|
Minimum Size
(dbh)
(inches)
| ||
|
Ash
|
32
| ||
|
Beech
|
32
| ||
|
Cherry
|
24
| ||
|
Elm
|
30
| ||
|
Hemlock
|
30
| ||
|
Locust
|
30
| ||
|
Maple
|
32
| ||
|
Oak
|
32
| ||
|
Osage orange
|
20
| ||
|
Pine
|
30
| ||
|
Sassafras
|
20
| ||
|
Spruce
|
30
| ||
|
Sycamore
|
36
| ||
|
Tulip tree
|
36
| ||
|
Walnut
|
30
| ||
|
Hickory
|
32
| ||
A grade of 15% or greater as determined by the soil survey
or accurate contour mapping.
Water from rainfall or melting snow in a watershed in excess
of the natural infiltration capacity of that basin, which flows over
the ground surface to collect in streams and channels.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and ceiling
next above it and including those basements used for the principal
use.
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 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 to be necessary for adequate handling of anticipated maximum traffic volumes, as defined by Chapter 215, Subdivision and Land Development.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in Chapter 215, Subdivision and Land Development.
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 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.
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.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 12-9-1996 by Ord. No. 96-7]
Any repair, 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, as defined herein, regardless of the actual repair
work performed. The term does not, however, include either:
[Added 12-9-1996 by Ord. No. 96-7]
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 Building Code Official and which
are the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a "historic
structure."
The duly-elected governing body of Marlborough Township.
Also known as the "Board of Supervisors."
A body of water or receptacle for water having a depth at
any point greater than 24 inches, which is primarily used or intended
to be used for swimming or bathing.[4]
The use of any premises or structure for living and/or sleeping
purposes for less than 100 consecutive days in any calendar year.
The scene terminating the view down a road or street, as
at a "T" intersection or on the outside of a curve.
[Added 9-16-2009 by Ord. No. 09-9-1]
See § 275-72 of this chapter.
The dividing line between a lot and the outside limit of
the ultimate right-of-way of a public street. Identical with "street
line." (See "street rights-of-way.")
Aboveground 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 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 the Zoning Ordinance. Variances
are granted only if specific requirements are met, in accordance with
the provisions of this chapter.
The land area 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 vertical element with a horizontal length-to-thickness
ratio greater than three, used to enclose space.
[Added 2-12-2020 by Ord. No. 2020-01]
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.
See Article XXV of this chapter.
See Article XXV of this chapter.
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the local authorities. Includes public water facilities and common
water facilities.
A natural or man-made area containing and retaining water
year round, such as a pond or lake.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales, and rivers.
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 Protection. Identification of wetlands
should be based upon the "Federal Manual for Identifying and Delineating
Wetlands," an interagency publication of the Corps of Engineers, Environmental
Protection Agency, Fish and Wildlife Service, and Natural Resources
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.
Any activity that: alters the existing structure of a woodland
or hedgerow, including the cutting or removal of canopy trees, subcanopy
trees, understory shrubs and vines, and herbaceous woodland floor
species; constitutes a land disturbance within a woodland or hedgerow.
"Woodland disturbance" does not include the selective cutting or removal
of invasive plant species. (See "invasive plant species.")
[Added 9-16-2009 by Ord. No. 09-9-1]
A tree mass or plant community in which tree species are
dominant or co-dominant and the branches of the trees form a complete,
or nearly complete, aerial canopy. Any area, grove, or stand of mature
or largely mature trees (larger than six inches dbh) covering an area
of 1/4 acre or more, or consisting of 10 individual trees larger than
six inches dbh, shall be considered a woodland. The extent of any
woodland plant community or any part thereof shall be measured from
the outermost dripline of all the trees in the plant community.
[Amended 9-16-2009 by Ord. No. 09-9-1]
The area(s) of a lot which must remain free of buildings
or other structures and may be used as lawn or planted area, parking
or driveway space, in compliance with the provisions of this chapter.
A yard is measured at right angles from the right-of-way or lot line
to the nearest building wall. Architectural elements such as cornices,
entrance hoods, overhangs, or eaves may extend no more than three
feet into the required yard area. "Yard" is further defined as follows:
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.
