As used in this chapter, the following terms shall have the
meanings indicated:
ADULT-ORIENTED USES
[Added 12-11-2023 by Ord. No. 743]
A.
An establishment that, as one of its principal purposes, offers
for sale, rent, use, or viewing (whether or not on-premises) any one
or more of the following: books, magazines, periodicals or other printed
matter, photographs, films, motion pictures, videos, or other visual
representations which are distinguished or characterized by their
emphasis on matter depicting, describing, or relating to sexual activities
or sexual anatomical areas; or instruments, devices, or paraphernalia
designed for use in sexual activities. These uses include, but are
not limited to, what are commonly referred to as "adult bookstores,"
"adult novelty stores," and "adult theaters."
B.
An establishment that regularly features entertainers who appear
in a state of nudity or seminudity, or live performances characterized
by sexual activities or the exposure of sexual anatomical areas.
C.
An establishment that, as one of its principal purposes, offers
for sale or use (whether or not on-premises) any one or more of the
following: cigarettes, cigars, and any other products containing tobacco;
electronic cigarettes, vaporizers, vaporizing liquids; marijuana;
or instruments, devices, or paraphernalia designed to be used in connection
with such uses. These uses include, but are not limited to, what are
commonly referred to as "smoke shops," "cigar lounges," "hookah lounges,"
"marijuana dispensaries," and "vape stores."
AGENT
Any person, other than the landowner of a lot, who, acting
under specific authorization of the landowner, submits plans, data
and/or applications to the Zoning Officer or other designated Borough
official for the purpose of obtaining approval thereof.
AGRICULTURAL USES
The use of land for farming, horticulture, floriculture,
including greenhouses, or viticulture and the necessary accessory
uses for packing, treating or storing the produce and equipment and
the use of a structure as a dwelling for a family headed by a full-time
agricultural worker.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building or structure
such as bearing walls, columns, beams or girders, provided that the
application of any exterior siding to an existing building for the
purpose of beautifying and modernizing shall not be considered a structural
alteration.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc), or any
other wireless antenna. Tower-based wireless communications facilities
shall not be considered antennas.
[Added 4-9-2018 by Ord.
No. 718]
APPLICANT
Any landowner, lessee or his authorized agent who submits
plans, data and/or applications to the Borough for the purpose of
obtaining approval thereof.
APPLICATION
Every application required to be filed and approved prior
to the start of construction or development, including but not limited
to an application for a building permit, for the approval of a subdivision
plot or plan or for the approval of a development plan.
APPROVING AUTHORITY
The agency, board, group or other legally designated individual
or authority which has been charged with the review and approval of
plans and applications.
AREA
A.
LOT AREAThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way but including the area of any easement or future street right-of-way.
B.
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
C.
FLOOR AREAThe sum of the areas of all floors of a building structure, including areas used for human occupancy and basements, attics and penthouses, measured from the exterior face of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy or any floor space in an accessory building or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter or any such floor space intended and designed for accessory heating and ventilating equipment.
D.
SITE AREA, BASEThe area of the site remaining after subtracting land which is not contiguous, land previously subdivided and road and utility rights-of-way from the site area.
E.
SITE AREA, BUILDABLEThe area of the site which may be altered, disturbed or regraded for development purposes. The buildable site area could contain buildings, roads, parking areas, sewage systems and stormwater management facilities. The buildable site area would not contain required open space, recreation areas and natural resource protection areas.
F.
SITE AREA, CONDOMINIUMThe portion of the base site area set aside and designated for condominium ownership, excluding street rights-of-way, common parking areas, and any required open space.
[Added 11-12-2012 by Ord. No. 681]
BASEMENT
The portion of a building partly underground, but having
less than half its clear height (measured from floor to ceiling) below
the average elevation of the adjoining ground. A basement shall be
counted as a story for the purpose of determining floor area but not
for the purpose of counting stories in height requirements.
BLOCK
A land area bounded by streets.
BOROUGH
Sellersville Borough, Bucks County, Pennsylvania, as represented
by the Borough Council or its duly authorized agent.
BOROUGH ENGINEER
A professional engineer licensed as such by the Commonwealth
of Pennsylvania and employed by the Borough or engaged as a consultant
thereto.
BUFFER
A strip of land, identified on a site plan or by a zoning
ordinance, established to protect one type of land use from another
land use that is incompatible. Normally, the area is landscaped and
kept in open space.
BUILDING
A combination of materials to form a permanent structure
having walls and a roof; included shall be all mobile homes and trailers
used for human habitation.
A.
ACCESSORY BUILDINGA subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building, including but not limited to private garages, carports, utility buildings, tool sheds, noncommercial greenhouses, etc. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
B.
ATTACHED BUILDINGA building which has one or more party walls in common with adjacent buildings.
C.
PRINCIPAL BUILDINGA building in which is conducted or intended to be conducted any principal use of the lot on which it is located.
E.
BUILDING HEIGHTA vertical distance measured from the mean elevation of the proposed finished grade to the highest point of the roof for flat roofs, to the deck lines of mansard roofs and to the mean height between eaves and ridge for gable, hip or gambrel roofs.
F.
BUILDING SETBACK LINEA line, parallel to the right-of-way line, measured from side yard to side yard, on which a principal building is actually placed. The minimum building setback line is the rear line of the minimum front yard, as herein designated for each district, measured from the street line.
BUILDING ENVELOPE
That area of a lot that has no development restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which would cross yards), buffer yards or natural features with 100% protection standards as specified in §
160-25, Natural resource protection standards.
BUILDING PERMIT
Any permit required by this chapter or the Building Code for the construction, alteration, razing or change of
use of any structure.
CELLAR
The portion of a building partly underground, having half
or more than half of its clear height (measured from floor to ceiling)
below the average elevation of the adjoining ground. A cellar shall
not be considered in determining the permissible number of stories
or determining floor area nor shall it be used for dwelling purposes.
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the Zoning Officer which permits
the use of a building in accordance with the approved plans and specifications
and which certifies compliance with the provisions of law for the
use and occupancy of the building in its several parts, together with
any special stipulations or conditions of the building permit.
CHANGE OF USE
An alteration of a building or a change of use theretofore
existing within a building or on a lot to a new use which imposes
other provisions of the Building Code or this chapter.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined
by the center lines of the streets and by a line of sight between
points on their center lines at a given distance from the intersection
of the center lines.
CLUB
An organization catering exclusively to members and their
guests or premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided that there are
not any vending stands, merchandising or commercial activities, except
as required for the membership of such club. Clubs shall include but
not be limited to service and political organizations and labor unions,
as well as social and athletic clubs.
CO-LOCATION
The placement or installation of new non-tower-based WCF
on an existing wireless support structure, such as a monopole, utility
pole, water tower, or light pole.
[Added 4-9-2018 by Ord.
No. 718]
COMMUNITY CENTER
A public, quasi-public or privately maintained institution
devoted to a variety of group activities, including civic, social,
recreational, educational and/or cultural, and maintaining the premises
and facilities appropriate to such activities; provided, however,
that said premises shall not include living quarters for persons other
than those engaged in the conduct and/or maintenance of the institution.
COMPREHENSIVE PLAN
The complete plan for the continuing development and redevelopment
of the Borough of Sellersville as recommended by the Bucks County
Planning Commission and adopted by the Borough Council.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions of Article
XIA of this chapter.
[Added 4-9-2018 by Ord.
No. 718]
CONDOMINIUM
A form of ownership arrangement created pursuant to, and
governed by, the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A.
§ 3101 et seq. The condominium form of ownership is not
a land use, and therefore, shall be allowed in any district and shall
be subject to the same requirements and restrictions of the applicable
district and land use. Provided, however, that when determining compliance
with any required lot area per dwelling unit in this chapter, such
determination shall be made by taking the condominium site area and
dividing it by the aggregate number of dwelling units proposed for
the condominium site area.
[Amended 11-12-2012 by Ord. No. 681]
CONDOMINIUM ASSOCIATION
The community association which administers and maintains
the condominium property and common elements of a condominium.
COUNCIL
The Sellersville Borough Council.
COUNTY
Bucks County, Pennsylvania.
CULTURAL FACILITIES
Art galleries, auditoriums, libraries, museums, community
centers, adult education centers or other similar facilities open
to the public or connected with a permitted educational, philanthropic
or religious use.
DECISION
Final adjudication of any board or other body granted jurisdiction
under this chapter, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations. All decisions shall be
appealable to the Court of Common Pleas of Bucks County and the judicial
district wherein the Borough lies.
DETERMINATION
Final action by an officer, body or agency charged with the
administration of this chapter or applications thereunder, except
the Borough Council and Zoning Hearing Board. Determinations shall
be appealable only to the Boards designated as having jurisdiction
for such appeal.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 4-9-2018 by Ord.
No. 718]
DISTRICT
A zoning district as laid out on the Zoning Map, along with the regulations pending thereto.
DORMITORY
A building arranged or used for lodging more than three individuals
and associated with a parent institutional use.
DRIVEWAY
A private way for the use of vehicles and pedestrians, providing
access between a street and a parking area or garage within a lot
of property.
DWELLING
A building designed and constructed for residential purposes
in which people live.
A.
ONE-FAMILY DWELLINGA single-family residence on an individual lot for the exclusive use of one family, with private yards on four sides of the house. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes.
B.
DUPLEX DWELLINGA detached building designed for two dwelling units and used exclusively for occupancy by two families living independently of each other.
C.
TWIN FAMILY DWELLINGA dwelling consisting of two attached buildings, each of which is used exclusively for occupancy by one family.
D.
TOWNHOUSE (ROW) DWELLINGA dwelling consisting of three or more attached buildings, each of which is used exclusively for occupancy by one family.
E.
MULTIPLE DWELLINGA detached building designed for three or more dwelling units and used exclusively for occupancy by not more than one family in each dwelling unit.
DWELLING UNIT
Any structure or part thereof designed to be occupied as
year-round living quarters for one family.
EASEMENT
The right of a person, government agency or public utility
company to use public or private land owned by another for a specific
purpose.
EMERGENCY
A condition that 1) constitutes a clear and immediate danger
to the health, safety, or welfare of the public or 2) has caused or
is likely to cause facilities in the rights-of-way to be unusable
and results in the loss of the services provided.
[Added 4-9-2018 by Ord.
No. 718]
FAMILY
One person or two or more persons related by blood, foster
relationship, marriage or adoption and, in addition, any domestic
servants or gratuitous guests thereof, or one or more persons, who
need not be so related, not to exceed the average numerical size of
all families then residing within an eight-hundred-foot radius of
the site of occupancy by the non-blood-related family and in addition,
domestic servants or gratuitous guests thereof, who are living together
in a single, nonprofit dwelling unit and maintaining a common household
with single cooking facilities. A roomer, boarder or lodger shall
not be considered a member of the family. Sororities, fraternities
and clubs shall not be considered a single housekeeping unit.
[Amended 7-7-1997 by Ord. No. 604; 12-8-1997 by Ord. No. 606]
FENCE
Any structure constructed of wood, metal, wire mesh or masonry
erected for the purpose of screening one property from another either
to assure privacy or to protect the property screened. For the purpose
of this chapter, a masonry wall is considered to be a fence.
A.
SPITE FENCEAny fence or wall which has been erected for the purpose of cutting off the light or air of any adjoining property or erected of unsightly materials for the purpose of annoyance or harassment or which has been erected to a height above that necessary for proper and ordinary security or enclosure.
FLOODPLAIN
Areas adjoining streams, ponds or lakes subject to the one-hundred-year
recurrence-interval flood. The areas considered to be floodplains
within the municipality shall include those areas identified as being
subject to the one-hundred-year flood in the Flood Insurance Study
for the municipality prepared by the Federal Insurance Administration,
dated August 1977 (or any amendments), accompanying the Flood Boundary
and Floodway Map, dated February 15, 1978.
A.
FLOODWAYThe channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment in order that the one-hundred-year flood can be carried without substantial increases in flood heights.
B.
FLOOD FRINGEThe area between the floodway and the boundary of the one-hundred-year flood. The floodway-fringe encompasses the portion of the floodplain that could be completely obstructed without increasing the water surface elevation at any point more than one foot above existing conditions.
FLOODPLAIN SOILS
Areas subject to periodic flooding and listed in the Soil
Survey of Bucks and Philadelphia Counties, Pennsylvania, United States
Department of Agriculture, Soil Conservation Service, July 1975, as
being on the floodplain or subject to flooding. The following soil
types are floodplain soils:
B.
Alton gravelly loam (A1A).
C.
Bowmansville silt loam (Bo).
GRADE
To level or rework to a desired gradient.
A.
BUILDING GRADE:
(1)
For buildings adjoining one street only, the elevation of the
established curb at the center of the wall adjoining the street.
(2)
For buildings adjoining more than one street, the average of
the elevations of the established curbs at the center of all walls
adjoining streets.
(3)
For buildings having no wall adjoining the street, the average
level of the ground adjacent to the exterior walls of the building.
All walls approximately parallel to and not more than 15 feet from
a street line are to be considered as adjoining a street.
B.
GRADE LINEThe profile of the finished surface along the center line of a street or any other specified path.
C.
GRADIENTThe inclination of the grade line from the horizontal, expressed as a percentage; slope.
HOME OCCUPATION
An occupation for gain or support conducted by immediate
members of a family residing on the premises, clearly incidental and
secondary to the use of the dwelling for dwelling purposes and does
not affect the residential character of the neighborhood.
HOMEOWNERS' ASSOCIATION
A nonprofit corporation of homeowners for the purpose of
owning, operating and maintaining various common properties.
HOTEL or MOTEL
A building other than a rooming house, boardinghouse or dormitory
arranged or used for sheltering, sleeping or feeding, for compensation,
of eight or more persons and in which no provision is made for cooking
in any individual room or suite.
HYDRIC SOILS
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions that favor the
growth and regeneration of wetlands vegetation. Wetlands vegetation
are those plant species that have adapted to the saturated soils and
periodic inundations occurring in wetlands. The following soils, classified
in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania,
United States Department of Agriculture, Soil Conservation Service,
July 1975, are hydric soils:
A.
Bowmansville silt loam (Bo).
B.
Doylestown silt loam (DoA, DoB).
C.
Fallsington silt loam (Fa).
E.
Towhee silt loam (ToA, ToB).
F.
Towhee extremely stony silt loam (TwA, TwB).
IMPERVIOUS SURFACE
Any material that substantially reduces or prevents the infiltration
of stormwater into previously undeveloped land. An impervious surface
shall include but not be limited to structures, roads, driveways,
sidewalks, parking areas and graveled driveways.
JUNK
Any worn, cast-off, discarded or stored material, including,
but not limited to, unlicensed vehicles, machinery and equipment ready
for destruction or which has been collected for salvage or conversion
to some use.
JUNKYARD
The use of more than 400 square feet of the area of any lot
or the use of half of any lot that joins a street for the storage,
keeping or abandonment of junk.
KENNEL or STABLE
The use of any lot for keeping, boarding or training for
a fee, whether in special buildings or runways or not, including,
but not limited to, dog and cat kennels and horse stables.
LAKES AND PONDS
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams or result from
excavation. Lakes are bodies of water two or more acres in extent.
Ponds are bodies of water which are less than two acres in extent.
LAKE AND POND SHORELINES
The landside edges of lakes and ponds from an established
shoreline to an upland boundary. Lake and pond shorelines shall be
measured 100 feet from the spillway crest elevation.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), the lessee if he
is authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land.
LANDSCAPING
Includes, but shall not be limited to, grass and other plantings
such as trees, shrubs and bushes.
LOADING BERTH
A space accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
LOT
A parcel of land used or set aside and available for use
as the site of one or more buildings and buildings accessory thereto
or for any other purpose, in one ownership and not divided by a street
nor including any land within the limits of a public or private street
right-of-way upon which said lot abuts, even if the title to such
way is in the ownership of the lot. A lot for the purpose of this
chapter may or may not coincide with a lot of record.
B.
LOT OF RECORDA lot which has been recorded in the office of the Recorder of Deeds of Bucks County, Pennsylvania.
D.
CORNER LOTA lot which has an interior angle of less than 135°, at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at the points beginning with the lot or at the points of intersection of the side lot lines with the street right-of-way lines intersect at an interior angle of less than 135°.
E.
LOT DEPTHThe mean horizontal distance from the street line of a lot to its opposite rear lot line, measured in the general direction of the side lot lines.
F.
LOT WIDTHThe distance measured between the side lot lines at the established building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.
G.
REVERSE FRONTAGE LOTA lot extending between and having frontage on an arterial or collector street and a local street with vehicular access solely from the latter.
LOT LINE
Any boundary line of a lot.
A.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line, and, in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line. In the case of a triangular lot with no rear lot line, the distance between any point on the building and the corner of the lot farthest from the street line shall be at least twice the normally required rear yard.
B.
SIDE LOT LINEAny lot line which is not a street line or a rear lot line.
MANUFACTURED HOUSING
A factory-built home that is manufactured under the authority
of 42 U.S.C. § 540 of the National Manufactured Home Construction
and Safety Standards Act, is transportable in one or more sections,
is built on a permanent chassis and is used as a place of human habitation,
but which is not constructed with a permanent hitch other than for
the purpose of delivery to a permanent site and which does not have
wheels or axles permanently attached to its body or frame.
MOBILE HOME
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.
For the purposes of this chapter, any mobile home shall be considered
a detached dwelling unit and, as such, shall be subject to all applicable
regulations in this chapter or other Borough ordinances.
MOBILE HOME LOT
A parcel of land 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 or contiguous parcels of land under single ownership,
which has been so planned and improved for the placement of mobile
homes of nontransient use, consisting of two or more mobile home lots.
MONOPOLE
A WCF or site which consists of a single pole structure designed
and erected on the ground or on top of a structure to support communications
antennas and connecting appurtenances such as feeder cables, ladders,
platforms, and ice shields.
[Added 4-9-2018 by Ord.
No. 718]
MUNICIPALITY
Sellersville Borough, Bucks County, Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of "residual waste" or "hazardous
waste" in the Solid Waste Management Act from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
NONCONFORMING STRUCTURE OR LOT
A structure or lot that does not conform to a dimensional
regulation prescribed by this chapter for the district in which it
is located or to regulations for signs, off-street parking or buffering,
but which structure or lot was lawfully in existence prior to the
enactment of this chapter or its amendment, was lawfully in existence
prior to its location in the Borough by reason of annexation or was
lawfully created as a variance duly authorized by the Zoning Hearing
Board.
NONCONFORMING USE
A use, whether of land or structure, which does not comply
to a use regulation prescribed by this chapter for the district in
which it is located, but where such use was lawfully in existence
prior to the enactment of this chapter or amendment or its location
by reason of annexation.
NON-TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (NON-TOWER-BASED
WCF)
All non-tower-based wireless communications facilities, including,
but not limited to, communications antennas and related equipment.
Non-tower-based WCF shall not include 1) support structures for antennas
and related equipment or 2) towers and supporting structures on residential
dwellings for private, noncommercial amateur purposes, including ham
radios and citizen band radios.
[Added 4-9-2018 by Ord.
No. 718]
NURSING HOME
(Also commonly known as a "convalescent home".) A licensed
establishment which provides full-time convalescent or chronic care,
or both, for three or more individuals who are not related by blood
or marriage to the operator and who, by reason of chronic illness
or infirmity, are unable to care for themselves. No care for the acutely
ill or surgical or obstetrical services shall be provided in such
a home. A hospital shall not be construed to be included in this definition.
OPEN SPACE
Land which shall be kept open in perpetuity and shall be
restricted from future development. Open space shall be permanent
and inviolate. To qualify as open space, such land shall be used only
for open space uses such as recreation, amenity, buffer or resource
protection. Open space shall not include land occupied by nonrecreational
buildings or structures, roads or road rights-of-way, easements, parking
lots, land reserved for future parking lots, stormwater detention
basins or retention basins or the yards or lots of dwelling units.
OPEN SPACE, COMMON
Open space within or related to a development, not in individually
owned lots or dedicated for public use, but which is designed and
intended for the common use or enjoyment of the residents of the development.
PARKING LOT
A portion of a lot area containing three or more off-street
parking spaces and having direct access to a street.
PARTY WALL
A wall on an interior lot line used or a wall adapted for
joint service between two buildings.
PUBLIC GROUNDS
Includes parks, playgrounds, trails, paths, and other recreational
areas; sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities; and publicly owned or operated
scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough
Council or the Planning Commission, intended to inform and obtain
public comment prior to taking action, in accordance with the Pennsylvania
Municipalities Planning Code (Act 247 of 1968, as amended by Act 170
of 1988).
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing. The first publication
shall be not more than 30 days nor less than seven days from the date
of the hearing.
RECREATION VEHICLE
Any portable or mobile vehicle used or designed to be used
for travel, recreation and/or living purposes and with its wheels,
rollers or skids in place. A camper, sleigh, golf cart, boat, boat
trailer, airplane or other similar vehicle providing partial and usually
temporary living and sleeping quarters and which may or may not include
kitchen and bathroom conveniences.
REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any body, board, officer or consultant for the purpose of assisting
the recipient of such report in the rendering of any decision or determination.
All reports shall be deemed recommendatory and advisory only and shall
not be binding upon the recipient, board, officer, body or agency
nor shall any appeal lie therefrom. Any report used, received or considered
by the body, board, officer or agency rendering a determination or
decision shall be made available for inspection to the applicant and
all other parties to any proceeding upon request, and copies thereof
shall be provided at cost of reproduction.
RIGHT-OF-WAY
Land set aside for use as a street, alley or other means
of travel or for use of utilities.
A.
FUTURE RIGHT-OF-WAYThe right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads, or a right-of-way established to provide future access to or through undeveloped land.
B.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
ROOMER, BOARDER or LODGER
A person occupying any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes, and paying compensation for
lodging and/or board and lodging by prearrangement for a week or more
at a time to an owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement or for
less than a week at a time shall be classified, for the purposes of
this chapter, not as a roomer, boarder or lodger but as a guest of
a commercial lodging establishment (i.e., motel, hotel, tourist home).
SANITARY SEWER SYSTEM
A system of piping and appurtenances, whether municipally
or privately owned, designed for the collection and transmission of
liquid and water-carried wastes from residences, commercial buildings,
industrial plants and institutions to a wastewater treatment plant
for treatment and discharge (not including septic tanks).
SCREENING
The method by which a view of one site from another adjacent
site is shielded, concealed or hidden. Screening techniques include
fences, walls, hedges, berms or other features.
SETBACK
The required horizontal distance between a setback line and
a property or street line.
SETBACK LINE
A line within a property and parallel to a property or street
line which delineates the minimum distance that must be provided between
a structure or building and an adjacent street line and/or property
line.
SIGHT DISTANCE
The length of a street, measured along the center line, which
is continuously visible from any point 3 3/4 feet (3.75 feet)
above the center line to the top of an object six inches high above
the pavement.
SIGN
Any permanent or temporary structure or part thereof or any
device attached, painted or represented directly or indirectly on
a structure or other surface that shall display or include any letter,
word, insignia, flag or representation used as or which is in the
nature of an advertisement, announcement, visual communication or
direction or is designed to attract the eye or bring the subject to
the attention of the public.
SPECIAL EXCEPTION
A use to be granted or denied a zoning permit by the Zoning Hearing Board on the basis of the specific standards and criteria specified in Article
VI for the use in question and on the general standards included in Article
XII. Special exceptions may not be granted for uses other than those expressly stated in this chapter.
STEALTH TECHNOLOGY
Concealing or camouflaging methods applied to WCF, antennas,
and other facilities which render them more visually appealing or
blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, flagpoles, and light poles.
[Added 4-9-2018 by Ord.
No. 718]
STEEP SLOPES
Areas where the average slope exceeds 15% which, because
of this slope, are subject to high rates of stormwater runoff and,
therefore, erosion and flooding.
STORY
That part of a building located between a floor and the floor
or roof next above. The first story of a building is the lowest story
having 75% or more of its wall area above grade level.
A.
HALF STORYA story under a gable, hip or gambrel roof, the wall plate of which, on at least two opposite exterior walls, is not more than two feet above such story.
STREET
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private. Streets are further classified as follows:
A.
PRINCIPAL ARTERIAL HIGHWAYSProvide minimal land access with a high degree of travel mobility; serve major centers of urban activity and travel generation; generally serve the highest traffic volume corridors and the longest trip lengths, thus carrying a significant proportion of the total urban area travel; principal arterial routes should be continuous, both internally and between major rural connections.
B.
MINOR ARTERIAL STREETSProvide greater emphasis on land access with a lower level of travel mobility than on principal arterials; include most bus routes not on principal arterials; serve larger schools, industries, hospitals, plus small commercial areas not incidentally served by principal arterials.
C.
COLLECTOR STREETSProvide minimal emphasis on travel mobility, low travel speeds and full land access; penetrate neighborhoods to distribute or collect trips; serve minor travel generators such as local elementary schools, small individual industrial plants, office, commercial and warehouse locations not served by principal or minor arterials.
D.
LOCAL STREETSComprise all remaining urban roads and streets; primary purpose is to provide direct access to abutting land and access to the higher order systems, though traffic movement is deliberately discouraged; offers the lowest level of mobility and includes no bus routes.
(1)
PRIMARY STREETDesigned to provide access to abutting properties and carry traffic from secondary streets to collector streets.
(3)
MARGINAL ACCESS STREETA secondary street which is parallel to and adjacent to an arterial or collector street and which provides access to abutting properties and protection from through traffic.
(4)
ALLEYA service-way providing a secondary means for public access to abutting property and not intended for general traffic circulation.
STREET GRADIENT
The inclination of the grade line along the center line of
a street at its finished surface.
STREET LINE
The dividing line between the street and the lot. The street
line shall be the same as the existing established legal right-of-way
in the case of existing streets, but in cases involving proposed streets,
the street line shall be the same as the future right-of-way line.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers, monopoles, utility poles, light poles,
and DAS hub facilities. Tower-based WCF shall not include towers and
supporting structures on residential dwellings for private, noncommercial
amateur purposes, including ham radios and citizen band radios.
[Added 4-9-2018 by Ord.
No. 718]
TREE PROTECTION ZONE (TPZ)
An area that is radial to the trunk of a tree in which no
construction activity shall occur. The tree protection zone shall
be 15 feet from the trunk of the tree to be retained or the distance
from the trunk to the dripline, whichever is greater. Where there
is a group of trees or woodlands, the tree protection zone shall be
the aggregate of the protection zones for the individual trees.
USE
Any activity carried on or intended to be carried on in a
building or other structure or on a tract of land.
A.
ACCESSORY USEA subordinate activity to the principal use on a lot and as specified by this chapter.
B.
PRINCIPAL USEThe primary purpose or purposes for which a lot is occupied and as specified this chapter.
USE AND OCCUPANCY PERMIT
The permit issued by the Zoning Officer which permits the
use of a building in accordance with the approved plans and specifications
and which certifies compliance with the provisions of law for the
use and occupancy of the building in its several parts, together with
any special stipulations or conditions of the building permit.
UTILITY
Any utility coming under the jurisdiction of the Public Utility
Commission of Pennsylvania.
A.
SUPPLY UTILITYAny water, electric, gas or oil-generating or treatment facility, supply works, substation, transmission line, distribution line or right-of-way.
VARIANCE
A modification of the regulations of this chapter granted by the Zoning Hearing Board on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to §
160-128 of this chapter and Section 910.2(a) of the Pennsylvania Municipalities Planning Code (Act 247).
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, waterway, gully or ravine in which water flows in a definite
direction or course, either continuously or intermittently, and has
a defined bed and banks.
WATER SUPPLY SYSTEM
A system of piping and appurtenances, whether municipally
or privately owned, designed for the transmission and distribution
of safe, potable water from a centralized water supply or source to
residences, commercial buildings, industrial plants or institutions
(not including individual on-lot wells).
WETLANDS
Those areas that are inundated and saturated by surface water
or groundwater at a frequency and duration sufficient to support and
that under normal circumstances do support a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas.
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 4-9-2018 by Ord.
No. 718]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics, and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 4-9-2018 by Ord.
No. 718]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based WCF, or any
other support structure that could support the placement or installation
of a non-tower-based WCF if approved by the Borough.
[Added 4-9-2018 by Ord.
No. 718]
WOODLANDS
One-quarter acre or more of wooded land where the largest
trees measure at least six inches in diameter at breast height (dbh)
or 4.5 feet from the ground. The woodland shall be measured from the
dripline of the outer trees. Woodlands are also a grove of trees forming
one canopy where 10 or more trees measure at least 10 inches in diameter
at breast height (dbh).
YARD
An open space unobstructed from the ground up on the same
lot with a structure, extending along a lot line or street line and
inward to the structure. The size of a required yard shall be measured
as the shortest distance between a building envelope and a lot line
or street line.
A.
FRONT YARDA yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards.
B.
REAR YARDA yard extending across the full width of a lot and lying between a structure and the property lines opposite the street, or the corner of a triangular lot furthest from the street line and the nearest point of a structure. In the case of a corner lot, no rear yard is required.
C.
SIDE YARDA yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
D.
REQUIRED YARDThe minimum dimension required by this chapter for front, side and rear yards.
ZONING PERMIT
A building permit or use and occupancy permit, or both, whichever
is required in a specific circumstance.