For the purposes of this chapter, words and
terms used herein shall be interpreted as follows:
A.
Words in the present tense shall include the future
tense.
B.
"Used" or "occupied" as applied to any land or building
includes the words "intended, arranged, or designed to be used or
occupied."
C.
"Should" means that it is strongly encouraged but
is not mandatory. "Shall" is always mandatory.
D.
"Sale" shall also include rental.
E.
Unless stated otherwise, the singular shall also regulate
the plural, and the masculine shall include the feminine, and vice
versa.
F.
If a word or term is not defined by this chapter, but is defined in Chapter 98, Subdivision and Land Development, then the definition in Chapter 98, Subdivision and Land Development, shall apply. If a word or term is not defined by this chapter or by Chapter 98, Subdivision and Land Development, but is defined in the State Municipalities Planning Code, then the definition in the State Municipalities Planning Code shall apply. If a word or term is not defined in this chapter, Chapter 98 or the State Municipalities Planning Code, then the word or term shall have its plain and ordinary meaning within the context of the section. A standard reference dictionary should be consulted.
[Amended 2-7-2006 by Ord. No. 2006-03]
G.
The words "such as," "includes," "including" and "specifically"
shall provide examples. These examples shall not, by themselves, limit
a provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
H.
The word "person" includes a firm, company, corporation,
partnership, trust, organization or association, as well as an individual.
[Amended 12-7-2004 by Ord. No. 2004-06; 9-20-2005 by Ord. No.
2005-02; 2-7-2006 by Ord. No. 2006-03; 2-13-2006 by Ord. No.
2006-04; 5-1-2014 by Ord. No. 2014-01]
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
Any unregistered, unlicensed or abandoned automobile, truck,
trailer, motorcycle, bus, farm machinery, or other motor vehicle,
including dismantled, or wrecked or junked, or held or stored for
scrap or for salvage. "Junk vehicle" shall not mean any motor vehicle
classified as an "antique motor vehicle" by the Motor Vehicle Code
of the State of Pennsylvania (75 Pa.C.S.A. § 101 et seq.);
said classification consisting of any self-propelled vehicle, but
not a reproduction thereof, owned and operated as an exhibition piece
or collector's item, provided that such vehicle shall have noted on
its registration record the fact that it is such a special-purpose
vehicle, or any self-propelled vehicle manufactured more than 25 years
prior to the current year which is used for participation in club
activities, exhibits, tours, parades, occasional transportation and
similar uses but is not used for general daily transportation.
See "domestic violence shelter." A nonprofit residential
use in which rooms are provided to serve as a temporary safe and supportive
environment for persons who, because of actual or threatened physical
or mental abuse, are forced to leave their previous living arrangement.
Such facilities shall be designed to provide in-house living for persons
only until a safe, permanent living arrangement can be obtained.
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See "adjacent."
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 3-16-2021 by Ord.
No. 2021-02]
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include, but are not
limited to, a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An "accessory building" is any accessory structure that meets
the definition of a "building." A portion of a principal building
used for an accessory use shall not be considered an accessory building.
A use or structure customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use.
One combined entrance/exit point, or one clearly defined
entrance point, or one clearly defined entrance point separated from
another clearly defined exit point. This term shall not include accessways
or driveways that are strictly and clearly limited to use by only
emergency vehicles; such accesses are permitted by right as needed.
An extension or increase in floor area or height of a building
or structure. See also "alteration" and "repair."
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
See "tract area, adjusted."
Any of the following:
A use of a building or land for a business which has obscene
materials as a substantial or significant portion of its stock-in-trade.
Any nightclub, bar, restaurant, arcade, theater, or any other
establishment that conducts live performances as a principal part
of its business that are characterized by the exposure of specified
anatomical areas or by specified sexual activities, or films, motion
pictures, videocassettes, slides, or other photographic reproductions
in which a substantial portion of the total presentation time is devoted
to the showing of material that is characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas, or where any specified sexual activities are conducted
for economic gain or any other form of consideration.
Any of the following as defined in this Article II:
Additional definitions associated with adult businesses include:
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. Considered an adult business for
regulation by this chapter.
A commercial establishment which, as one of its principal business
purposes or as a substantial part of its business, offers for sale
or rental, for any form of consideration, any one or more of the following:
(The term "adult bookstore" shall include, but not be limited to,
an adult video store, and all such uses shall be considered an adult business for regulation by this chapter.)
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video, or video reproductions, slides or other
visual representations which depict or describe specified sexual activities
or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such
commercial establishment from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental, for consideration, the specified
materials which depict or describe specified sexual activities or
specified anatomical areas.
ADULT LIVE ENTERTAINMENT USE OR FACILITYA commercial use (including, but not limited to, a use selling food or beverages) including live entertainment involving: (Considered an adult
business for regulation by this chapter.)
Persons (which may include, but is not limited to, waiters,
waitresses, dancers, clerks, bartenders, contractors or others) appearing
in a state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or simulated or actual specified sexual
activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MOTELA hotel, motel or similar commercial establishment which: (Considered an adult business for regulation
by this chapter.)
Offers accommodations to the public, for any form of consideration,
and provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
Offers sleeping rooms for rent three or more times in one calendar
day.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Considered an adult business for regulation by this chapter.
ADULT THEATERA theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas. Considered an adult business for regulation
by this chapter.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association or establishment which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. Considered an adult business for regulation by this
chapter.
MASSAGEPressing, squeezing, stretching, or stimulating the face, scalp, neck, limbs, or other parts of the human body, with or without cosmetic preparation, either by hand, or with mechanical or electrical appliances.
MASSAGE PARLORA person or business association or establishment which furnishes, offers to furnish or advertises to furnish, as one of its primary business purposes, for a fee, tip or other consideration, a massage which involves the exposure of any specified anatomical areas. Considered an adult business for regulation
by this chapter.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Considered an adult business for regulation
by this chapter.
[Amended 4-23-2015 by Ord. No. 2015-04]
NUDITY or A STATE OF NUDITYThe showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering or any portion thereof below the top of the areola.
OBSCENE MATERIALSAny literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other written or recorded matter which depicts or describes any specified sexual activities and/or specified anatomical areas.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude. Considered an adult business for regulation by this chapter.
SPECIFIED ANATOMICAL AREASAny of the following:
SPECIFIED SEXUAL ACTIVITIESAny of the following:
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
Any person other than the owner who, acting for the owner,
submits an application for the purpose of obtaining approval in accord
with this chapter.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry. It includes necessary structures within
the limits of the parcel and the storage of equipment necessary for
production. It excludes agricultural products processing operations,
riding academies, livery or boarding stables and dog or other animal
kennels.
An industry that involves the processing of raw agricultural
products and transforming those products into a more-refined, prepared
or marketable state. It includes, but is not limited to, such uses
as sawmills, wood pellet production, firewood cutting and sales, wood
chipping operations, tanneries, dairies and food canning and freezing
operations.
Any activity carried out on a working agricultural operation,
such as a farm, orchard or vineyard, that allows members of the general
public, for recreational, entertainment, or educational purposes,
to view or enjoy rural activities directly related to or part of the
agricultural operation, including farming, wineries, historical, cultural,
harvest-your-own activities, or natural activities and attractions.
An activity is an agritourism activity whether or not the participant
paid to participate in the activity.
See "short-term rental."
[Added 7-16-2019 by Ord.
No. 2019-01]
A tract of land, with or without buildings, where airplanes,
jets, helicopters and/or any other type of aircraft land and take
off.
A right-of-way, privately or publicly owned, primarily for
service access to the rear or sides of properties.
Any construction or renovation to an existing structure other
than a repair or an addition. See also "addition" and "repair."
A building or part of a building in which pinball machines,
video games, or other similar player-operated amusement devices are
maintained, excluding the use of less than five such devices as an
accessory use to any lawful principal use.
A commercially operated outdoor park or outdoor facility
with various devices for entertainment, including, but not limited
to, rides, games, electronic games and similar devices, food stands
and other associated facilities.
See "veterinary clinic."
The raising and keeping of livestock, small animals and fowl
and/or fur-bearing animals with the intent of producing capital gain
or profit or with the intent of selling any livestock and/or poultry
products.
The raising and keeping of livestock and/or small animals
and fowl for personal satisfaction or consumption and with no intent
of producing capital gain or profit or with no intent of selling any
livestock and/or poultry products.
A facility used to house or contain stray, homeless, abandoned,
or unwanted animals and that is owned, operated, or maintained by
a public body, established humane society, animal welfare society
(such as the Society for the Prevention of Cruelty to Animals), other
nonprofit organization or person devoted to the welfare, protection
and humane treatment of animals.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 3-16-2021 by Ord.
No. 2021-02]
A device, partially or wholly exterior to a building, that
is used for receiving television or radio signals for use on-site
or for transmitting short-wave or citizens-band radio signals.
See "dwelling, apartment unit."
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other entity acting
as a unit, and his/her/its heirs, successors and assigns, which is
seeking an approval or permit pursuant to this chapter.
Any application required to be filed for approval in accord
with the requirements of this chapter.
A series of outdoor spaces located under a roof or overhang
and supported by columns or arches.
Any fully enclosed building used for shooting of arrows for
recreational or training purposes. Any such commercial operation,
any such area operated by any private, nonprofit entity, any community
association, any such area operated by any sportsman's, recreation
or fraternal club or association with 25 or more members, and any
such area which is used or is intended to be used for more than five
hours in any one week shall be considered an indoor archery range
for the purposes of this chapter. Considered a recreation
facility, commercial for regulation by this chapter.
Any area not within a fully enclosed building used for the
shooting of arrows for recreational or training purposes which is
a commercial operation.
An establishment or work space for the creation, manufacture,
and/or preparation of individually crafted art work, jewelry, furniture,
sculpture, pottery, art photography, leather craft, hand-woven articles,
and related items; it may also include the sale, loan, or display
of such items.
A dwelling unit especially erected for and limited to the temporary occupancy by a person who is part of the family (see definition) of the permanent residents of the principal dwelling unit on the parcel. Such use shall be restricted to a relative who needs such accommodations because of old age, developmental disability, illness, mental illness that does not threaten physical harm to others, or physical handicap. See § 119-41.
[Amended 4-23-2015 by Ord. No. 2015-04]
Coordinated and centrally managed rental housing including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linen and organized social activities
for residents and their invited guests. Such a use shall primarily
serve persons 55 and older, persons with physical handicaps and/or
the developmentally disabled. Assisted living facilities shall be
licensed as personal care centers by the Commonwealth of Pennsylvania.
Nonliving space in or above a dwelling, unheated, with head
space of less than 6.5 feet.
A place where objects of art, furniture, and other goods
are offered for sale to persons who bid on the object in competition
with each other.
A secondary covering attached to the exterior wall of a building,
typically composed of canvas, woven of acrylic, cotton or polyester
yarn, or vinyl laminated to polyester fabric that is stretched tightly
over a light structure of aluminum, iron or steel, located above a
window, door, or above the area along a sidewalk.
An establishment for the custody, loan, exchange or issue
of money, for the extension of credit, and for facilitating the transmission
of funds.
An enclosed floor area partly or wholly below the finished
grade with at least 1/2 of its floor-to-finished height above the
average level of the adjoining finished grade, and with a floor-to-ceiling
height of not less than 6.5 feet. A basement shall be counted as a
story for the purpose of the building height measurement if the vertical
distance between the ceiling and the average level of the adjoining
ground is more than five feet. See "cellar."
An owner- or operator-occupied single-family dwelling in which transient visitors to the area are lodged for compensation, meals for lodging guests may or may not be included, and no cooking facilities are provided in any rental room. See § 119-40.
See "sign, off-premises."
An establishment with the principal use of playing cue sports
such as pool, snooker or carom billiard.
An operation which combines asphalt or bituminous materials
and aggregates and heat to manufacture a bituminous seal coat or bituminous
concrete product. Considered industry for regulation
by this chapter.
A tract of land, a lot or groups of lots, bounded by streets,
public parks, watercourses, municipal boundary lines, unsubdivided
land or by any combination of the above.
A residential use in which:
A room or rooms not meeting the definition of a lawful dwelling
unit are rented for habitation; or
A dwelling unit includes greater than the permitted maximum
number of unrelated persons. A boardinghouse shall not include a use
that meets the definition of a hotel, dormitory, motel, life care
center, personal care center, bed-and-breakfast inn, group home or
nursing home. A college fraternity or sorority house used as a residence
shall be considered a type of boardinghouse. A boardinghouse may either
involve or not involve the providing of meals to residents but shall
not include a restaurant open to the public unless the use also meets
the requirements for a restaurant. A boardinghouse shall primarily
serve persons residing on-site for five or more consecutive days.
The Board of Supervisors of Chestnuthill Township, Monroe
County, Pennsylvania.
An enclosed space or structure designed to protect people
from explosive weapons such as bombs or missiles. If not located within
a principal structure, a bomb shelter is considered an accessory structure
subject to applicable requirements.
[Added 7-16-2019 by Ord.
No. 2019-01]
A nonprofit organization, created in accord with United States Code Title 26, Subtitle A, Chapter 1, Subchapter F, Part I, Section 501(c)(3), which is devoted to the conservation of open space.
A facility for the production and packaging of malt beverages
of alcoholic and/or nonalcoholic content for retail or wholesale distribution,
on or off the premises, and which produces 15,000 gallons or more
of malt beverages per year. Considered agricultural products
processing for regulation by this chapter. (See also "microbrewery.")
A restaurant or tavern, as defined herein, that includes
as an accessory use the brewing of malt beverages of alcoholic and/or
nonalcoholic content which produces less than 15,000 gallons of malt
beverages per year. Considered a restaurant for regulation
by this chapter. (See also "microbrewery.")
A strip of land with fencing, dense vegetative planting, additional setback distances, berms or a combination thereof, that separates one use from another use or feature and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways, permitted vehicular access aisles or improvements, which is used to provide separation between incompatible uses to effect a visual barrier, block physical passage between uses, and reduce noise, dust and litter. See § 119-71D.
A predominantly evergreen perimeter landscape planting intended
to provide denser screening and separation between neighboring developments.
A perimeter landscape planting intended to provide partial
screening and separation between neighboring developments.
The area of land immediately adjacent to any wetland, lake,
pond, vernal pond, or stream, measured perpendicular to and horizontally
from the delineated edge of the wetland, lake, pond, or vernal pond,
or the top-of-bank on both sides of a stream, to provide separation
from an intensive land use area (e.g., subdivision, farm) and minimize
sediment and other pollutant loading; also referred to as "filter
strips," "vegetated filter strips," and "grassed buffers."
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, services, goods or materials of any kind
or nature.
See "accessory structure."
A building which has one or more walls or portions thereof
in common with an adjacent building. See "addition."
The percentage of the area of the lot covered or occupied
by the total horizontal projected surface area of all buildings on
the lot and including accessory buildings and structures (including
covered porches, carports and breezeways, but excluding open and uncovered
patios and decks).
A building surrounded by open space on all four sides within
the same lot.
An area on a lot or development parcel which has been designated
as the area in which development may occur. Building envelopes are
identified by building setbacks, conservation areas, site conditions
and other factors and shall be specifically designated on the development
plan and established by deed covenants and restrictions.
The average vertical distance from finished grade at the front and rear of the building to the top of the highest roof beams on a flat or shed roof, to the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs, not including chimneys, spires, elevator shaft extensions, mechanical appurtenances, and similar projections. See § 119-70 for exemptions for certain types of structures.
 |
A building in which the primary or predominate use of a lot
is conducted, including any structure that is physically attached
to the principal building.
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
Any facility where gasoline is stored in bulk for distribution
by delivery truck, or fuel, including, but not limited to, kerosene,
home heating oil, diesel fuel, gasoline, or propane, is stored in
large volume tanks for distribution to retail or wholesale establishments;
or any retail home heating fuel distributor where the storage of fuel
on the site exceeds a combined total of 20,000 gallons.
[Amended 4-23-2015 by Ord. No. 2015-04]
A use comprised primarily of administrative and clerical
services and involving no retail trade, lodging, warehousing or manufacturing.
Such uses include, but are not limited to, financial services, legal
services, travel agencies, insurance agencies, corporate offices and
other similar uses.
Establishments primarily engaged in rendering services to
businesses, including such activities as advertising and mailing,
credit reporting and collection, duplicating, mailing, telemarketing,
stenographic services, employment services, research and development
and other similar services.
An area and/or building where buses, limousines, and/or taxis
are stored or parked on a regular basis with or without maintenance
and repair facilities.
Any shed-like structure, usually open on one or more sides,
located along the regular route of a public bus, van or other vehicle,
including an official school bus, whose purpose is to provide temporary
shelter for the users of the vehicle while they are waiting.
An area and/or building where passengers load on and unload
from buses, and where parking for passenger vehicles and ticket sales
are normally part of the operation, but without bus maintenance and
repair facilities.
A plot of ground upon which two or more campsites are located,
established or maintained for temporary occupancy by persons using
tents or recreational vehicles, and which is not be used for long-term
residency of occupants.
A parcel or parcels of land with lodging facilities where
transient clientele participate in organized recreation, receive instruction
or training, or are afforded peace, quiet, privacy or security.
An overhanging projection or covering, usually supported
on poles, and made of canvas, fabric, plastic or other materials;
or a roof over an accessory structure, including, but not limited
to, gasoline pumps and an ATM (automated teller machine).
A roofed building intended for the storage of one or more
motor vehicles, but which is not enclosed on all sides by walls or
doors. If any portion of a carport is attached to a principal building,
it shall be considered to be part of that building.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use, including the travelway and shoulders.
Any building or premises or portions thereof used for commercial
purposes for washing motorcycles, passenger cars and other two-axle,
four-tire, single-unit vehicles without trailers. See "truck wash."
An enclosed floor area partly or wholly below the finished
grade with at least 1/2 of its floor-to-finished height below the
average level of the adjoining finished grade, or with a floor-to-ceiling
height of less than 6.5 feet. See "basement."
 |
A place for the interment of deceased pets or human beings,
by cremation or in a grave, mausoleum, vault, columbarium or other
receptacle, or a memorial garden/area for the dispersal of cremated
remains, but not including a private family cemetery.
A document issued by the Township stating that a newly constructed
or altered building, structure, and/or use complies with this chapter
and/or the Uniform Construction Code and may be lawfully used.
Any conversion of a use from one use as regulated by this
chapter to a different regulated use.
The Chestnuthill Township Zoning Ordinance, including the Official Zoning Map, as amended, codified as Chapter 119, Zoning, of the Code of the Township of Chestnuthill.
The physical device that provides a connection from a power
source to an electric vehicle.
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale during November and December of trees that were produced on the
premises. Regulated as crop production by this chapter.
See "place of worship."
A logging method that removes all trees or the vast majority
of trees from a mostly wooded area.
An area of unobstructed vision at street intersections defined
by the right-of-way lines of the streets and by a line of sight between
points on the street right-of-way lines at a given distance from the
intersection of the right-of-way lines.
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists, or social workers and where
patients require a stay of less than 24 hours. Considered a health facility for regulation by this chapter.
An area of land or building used by a nonprofit civic, social, fraternal, recreational, religious, political, labor union, or educational association of persons (established via a meaningful and substantial membership system as opposed to a token system) to pursue common goals, interests, or activities, usually with the payment of fees and dues, regular meetings, and a charter and bylaws, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. A club/lodge, private shall not include commercial recreation clubs such tennis or racquetball clubs or any other use which is specifically defined by this chapter. This use does not include a target range for outdoor shooting, a boardinghouse, a tavern, a restaurant, an auditorium or any other use specifically listed on the Table of Permitted Uses, unless that particular use is permitted in that zoning district and the requirements of that use are met. See § 119-40. See also "after-hours club."
An educational institution authorized by the state to award
associate, baccalaureate, or higher degrees.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Added 3-16-2021 by Ord.
No. 2021-02]
A vertical support, usually cylindrical, consisting of a
base, shaft and capital, either monolithic or built up of drums the
full diameter of the shaft.[1]
The VC Village Commercial/Residential, GC General Commercial,
BP Business Park Overlay, I Institutional and LIC Light Industrial/Commercial
Zoning Districts. The LIC Light Industrial/Commercial District may
be considered a commercial or an industrial district.
An occupation, employment, or enterprise carried on for profit
by the owner, lessee, or licensee. The sale of goods or services from
a vehicle on a lot shall also be considered to be a commercial use.
The Planning Commission of Chestnuthill Township, Monroe
County, Pennsylvania.
All of the real property and improvements dedicated for the
common use and enjoyment of the residents of a particular development,
including, but not limited to, open land, development improvements,
common facilities, and recreation area.
Improvements in a development that are not required by the
Township but have been constructed as part of a development for the
common use and enjoyment of the residents of that development, including,
but not limited to, community centers, recreation buildings and structures,
and administrative and maintenance buildings.
See "property owners' association."
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons as accessory to leisure activities.
This shall not include residential uses or a treatment center.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
A facility using land for processing of municipal waste by
composting. The term includes land thereby affected during the lifetime
of the operations, including, but not limited to, areas where composting
actually occurs, support facilities, borrow areas, offices, equipment
sheds, air and water pollution control and treatment systems, access
roads, associated on-site or contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a facility for composting residential
municipal waste that is located at the site where the waste was generated.
The most-recent Comprehensive Plan (which may be a regional
plan) adopted by Chestnuthill Township, including all maps, charts
and textual matter.
Any livestock operation which is defined as a concentrated
animal feeding operation by Commonwealth of Pennsylvania regulations.
A facility in which materials (portland cement, aggregates,
water, admixtures) are combined by a central mixer to produce concrete
for transportation to and use at another site, and shall include customary
accessory uses, including offices, maintenance and storage garages,
material storage facilities, equipment and truck storage areas, scales,
conveyors, water storage and heating facilities, stormwater management,
sediment basins, concrete recycling/reclamation equipment and other
uses customarily necessary to produce, sell and transport mixed concrete.
Considered industry for regulation by this chapter.
A facility used for conferences and seminars, with accommodations
for sleeping, food preparation and eating, recreation, entertainment,
resource facilities, meeting rooms, fitness and health center, and
retail stores and services primarily for conference center guests.
Those areas of a development tract included in conservation
open space and which are comprised of primary resources on which development
is minimized.
Lands containing secondary resources that are conserved as
a part of conservation open space.
A subdivision designed at the regulated dwelling unit density
where individual lots are reduced in size, important natural resources
are conserved, and the resultant open space is preserved in perpetuity.
A right or interest in land granted primarily for the preservation
of the land in its undeveloped state but which may allow limited development
(e.g., a residential structure) and other compatible uses such as
agriculture and forestry.
See "open space, conservation."
Selected resources and areas of restricted land multiplied
by a protection factor, totaled and used for the calculation of adjusted
tract area related to conservation design development.
The erection, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
[Amended 4-23-2015 by Ord. No. 2015-04]
Any premises used as the base of operation by any tradesman
or contractor for the storage of equipment, vehicles and supplies.
A retail establishment of up to 5,000 square feet selling
prepackaged food products, household items, newspapers and magazines,
candy, and beverages, a limited amount of freshly prepared foods such
as sandwiches and salads for off-premises consumption, self-service
fuel or other goods commonly associated with the same.
A subdivision or land development designed at the dwelling
unit density specified in this chapter where individual lot reduction
is not permitted.
An enclosure for confining livestock and which is typically
attached to or situated in close proximity to a stable or barn; as
contrasted to a pasture.
A public or private facility used to house and/or rehabilitate
adults or juveniles detained, sentenced or adjudicated delinquent
by the criminal justice system, including, but not limited to, jails,
prisons, penitentiaries, reformatories, halfway houses, transitional
living facilities, juvenile detention facilities, and similar facilities.
A recreational property owned and managed by a nonprofit
membership organization and including recreational facilities, restaurant
and meeting rooms. Property owners' associations and/or the property
they maintain shall not be considered, however, as country clubs,
nor shall other residential or commercial properties operated for
profit.
The County of Monroe, Commonwealth of Pennsylvania.
The Planning Commission of Monroe County, Pennsylvania.
See "lot coverage."
An enclosed portion of a building or an open pier area, not
exceeding six feet in height from floor to ceiling, located below
the first occupied floor of a building and not used for business or
dwelling purposes. A crawl space shall not be counted as a story for
the purpose of building height measurement or determining the gross
floor area of a building.
A furnace or establishment for the incineration of human
or animal corpses.
An agricultural use involving the use of land for the raising
of cultivated plants or agricultural produce such as grain, vegetables,
silage, or fruit. The definition excludes commercial greenhouses as
defined by this chapter.
An operation which processes minerals or other materials
and crushes them to various sizes for the purpose of resale or use.
Considered industry for regulation by this chapter.
A public or nonprofit operated building open to the public
which contains exhibits of a cultural interest, such as a museum,
art gallery, nature center, library, etc.
A process provided in the Pennsylvania Municipalities Planning
Code that permits a landowner to seek to prove the invalidity of portions
of a zoning ordinance.
A process provided in the Pennsylvania Municipalities Planning
Code that permits a municipality to address the potential invalidity
of portions or all of its own Zoning Ordinance.
A facility which cares for seven or more children or adults for periods of less than 24 hours per day at any hours of any day of the year. See § 119-40.
A private residence where six or fewer children or adults receive care or supervision for periods of less than 18 hours per day at any hours between 6:00 a.m. and 12:00 midnight. See § 119-41.
Tree trunk diameter measured in inches at a height of 4.5
feet above the ground. If a tree divides or splits into multiple trunks
below 4.5 feet, the trunk is measured at its most-narrow point beneath
the split.
A final adjudication of any board or other body granted jurisdiction
under this chapter to do so, either by reason of the grant of exclusive
jurisdiction or by reason of appeals from determinations. All decisions
shall be appealable to a court of competent jurisdiction.
An attached or unattached platform structure elevated more
than six inches and constructed with no walls and with no roof.
An agreement entered into with the Board of Supervisors,
and recorded with the Monroe County Recorder of Deeds, detailing the
timing, as well as the steps and procedures that will be taken, to
decommission a solar energy facility and the amount, form and timing
of financial security to assure the timely completion of the same,
which shall be in form and content acceptable to the Board of Supervisors.
[Added 10-17-2023 by Ord. No. 2023-01]
A Township-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless communications facility, lighting, or
municipal attachments have been placed or are permitted to be placed.
[Added 3-16-2021 by Ord.
No. 2021-02]
Loading docks or bays and the vehicular maneuvering areas
serving them.
The total number of dwelling units per unit of land.
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
See "building, detached."[3]
Final action by an officer, body or agency charged with the
administration of this chapter or applications hereunder, which has
that authority as stated in various parts of this chapter. Determinations
shall be appealable only to the boards designated as having jurisdiction
for such appeal.
Any landowner or agent thereof, or tenant or equitable owner
under an agreement of sale having the permission of the landowner,
who makes or causes to be made a subdivision of land or a land development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations and the
subdivision of land.
[Amended 4-23-2015 by Ord. No. 2015-04]
All the physical additions and changes to a tract and the
constructed facilities necessary and/or required by the Township to
produce a usable and functional development, including, but not limited
to roads, parking areas, stormwater controls and drainage easements,
landscaped areas, utilities, and water supplies and sewage disposal
systems.
A proposed development, prepared in accord with this chapter
and the Township Subdivision Ordinance, including a plat of the subject
parcel and any subdivision, locations of various uses, and all covenants
relating to uses, locations and sizes of buildings and other structures,
intensity of use or density of development, streets, ways, and parking
facilities, common open spaces and public facilities.
Any structure erected within the confines of a subdivision
for use by the owner or developer of the subdivision as an office
on a short-term basis for the promotion of sales of real estate exclusively
within the confines of the subdivision, with ultimate use of the structure
in conformance with the standards applicable in the district in which
the structure is located.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 3-16-2021 by Ord.
No. 2021-02]
An establishment engaged in the receipt, storage and distribution
of goods, products, cargo and materials, including transshipment by
boat, rail, air or motor vehicle. Breakdown of large orders from a
single source into smaller orders and consolidation of several orders
into one large one for distribution to several recipients and vice
versa are often part of the operation. The operation may include the
storage or parking of trucks awaiting cargo as well as facilities
for servicing of trucks. Storage facilities, such as warehouses, incidental
to the principal use may also be part of the operation. Retail sales,
manufacturing and assembly, or product processing, are not considered
part of a distribution center/truck terminal.
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this chapter.
A residence providing food, shelter, medical care, legal
assistance, personal guidance, or other services to persons who have
been victims of domestic violence, including any children of such
victims, and who temporarily require shelter and assistance in order
to protect their physical or psychological welfare.
A building used as group living quarters for a student body
or religious order as an accessory use to a college, university, boarding
school, convent, monastery, or similar institutional use, which is
owned by and is located on the same parcel as the institution it serves.
An establishment that, by design, physical facilities, service,
or packaging procedures, encourages or permits customers to receive
services or obtain goods while remaining in their motor vehicles.
See "theater, drive-in."
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
or legal access on the said road.
See "solid waste landfill."
A structure or portion thereof which is used exclusively
for human habitation.
One or more rooms, with private bath and kitchen facilities,
constituting an independent, self-contained dwelling unit in a building
containing three or more dwelling units.
A single-family, detached dwelling on an individual lot,
with the building set on, or close to, one side property line, so
that the lot essentially has only one side yard. This side yard and
the rear yard constitute the primary outdoor living areas for the
dwelling. Typically, no windows are placed in the building wall that
is on the lot line. If the building is set on the lot line, a five-foot
easement is provided on the adjacent property along the lot line for
necessary access and maintenance of the building wall.
 |
A building or buildings designed for occupancy by three or
more families living independently of each other in separate dwelling
units. The term "multifamily dwelling" shall include condominium as
well as noncondominium housing units, including the following construction
types:
[Amended 4-23-2015 by Ord. No. 2015-04]
SINGLE-FAMILY ATTACHED/TOWNHOUSEA dwelling unit located in a multifamily dwelling structure in which each unit has its own front access to the outside and may have a rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
GARDEN APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three to 10 apartment units and not exceeding 2.5 stories or 35 feet in height, with access to each apartment unit usually from a common hall with the apartment units located back-to-back, adjacent, or one on top of another.
APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three or more apartment units, which is more than 2.5 stories but not exceeding the height limitations (in feet) of this chapter.
RESIDENTIAL CONVERSION TO APARTMENTThe conversion of an existing single-family detached dwelling into three to five dwelling units.
Four attached single-family dwellings in one building in
which each unit has two open space exposures and shares one or two
walls with adjoining unit or units.
A building containing one dwelling unit that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
A building containing two dwelling units either attached
side-by-side through the use of a vertical party wall and having one
side yard adjacent to each dwelling unit; or upstairs/downstairs units.
[Amended 4-23-2015 by Ord. No. 2015-04]
One or more rooms, occupied or intended for occupancy, as
separate living quarters by a single family maintaining a household,
the members of which have unrestricted access to all other parts thereof,
with cooking, sleeping, and sanitary facilities provided therein,
for the exclusive use of that single family.
[Amended 7-16-2019 by Ord. No. 2019-01]
Any construction or other activity which disturbs the surface
of the land, including, but not limited to, excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
The overhang at the lower edge of the roof and which usually
projects out over the exterior walls of the structure.
Any request for modification of an existing WCF that does
not substantially change the physical dimensions of such tower or
base station, involving:
[Added 3-16-2021 by Ord.
No. 2021-02]
A condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 3-16-2021 by Ord.
No. 2021-02]
A building for the housing of fire, emergency medical or
police personnel and equipment and for related activities and which
may, as an accessory use, include housing for emergency personnel
while on call.
A worker or proprietor (including both part-time and full-time,
both compensated and volunteer, and both employee and contractor)
present on a lot at any one time, other than clearly temporary and
occasional persons working on physical improvements to the site.
Construction of any building, structure or any obstruction
or illegal or unauthorized intrusion within the boundaries of any
adjacent land, right-of-way, street, setback, watercourse or public
or reserved ground shown or laid out on any official map, Township-approved
plot plan or in violation of any provision set forth in this chapter.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer of the Township.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 3-16-2021 by Ord.
No. 2021-02]
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend or affix any building or structure.
Municipal or utility facilities that do not require enclosure
in a building, which are necessary for the public health and safety,
and which are routine, customary and appropriate to the character
of the area in which proposed, including such facilities as poles,
towers, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants, and other
similar equipment. Buildings, sewage treatment plants, solid waste
disposal facilities, commercial communication towers, utility company
offices, storage of trucks or equipment and bulk storage, any commercial
communications devices and any other use specifically defined by this
chapter shall not be considered essential services. For essential
services requiring enclosure in a building, see "semipublic building
or use."
An establishment that offers facilities such as the following:
weight rooms, exercise equipment, nonhousehold pool and racquetball
courts. Considered a service establishment for regulation
by this chapter.
[Amended 7-16-2019 by Ord. No. 2019-01]
A person living alone or any of the following groups living
together as a single, stable, nontransient housekeeping unit and sharing
common living, sleeping, cooking, and eating facilities:
Any number of people related by blood, marriage, adoption, guardianship
or other duly authorized custodial relationship resulting in one of
the following relationships: husband, wife, brother, sister, parent,
child, grandparent, great-grandparent, grandchild, great-grandchild,
uncle, aunt, nephew, niece, sister-in-law, brother-in-law, father-in-law,
mother-in-law or first cousin;
Three unrelated people;
Two unrelated people and any children related to either of them;
Not more than the number of residents of a group home meeting the requirements of § 119-40A(19).
Not more than eight people who are granted a special exception as a single nonprofit housekeeping unit (a "functional family") pursuant to § 119-40A(18).
The definition of a "family" does not include:
Any society, club, fraternity, sorority, association, lodge,
combine, federation, coterie, or like organization;
Any group of individuals whose association is temporary or seasonal
in nature;
Any group of individuals who are in a group living arrangement
as a result of criminal offenses; and
Any person or group of individuals occupying, in whole or in
part, a building or portion thereof as a short-term rental.
See § 119-41D(6).
A booth or stall on a farm and from which produce and farm
products grown on the premises are sold to the general public.
Federal Communications Commission.
[Added 3-16-2021 by Ord.
No. 2021-02]
Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land or to be used as a means of protection or confinement; also, a structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property. The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include hedges, trees or shrubs. See § 119-41.
See "bank."
The importing of trees or firewood from any property to any
other property for cutting or sale for use as firewood. This may include
the storage of the cut trees and firewood, and customers on the site
to purchase firewood, but no other retail sales. This shall not include
the cutting by a property owner of trees growing on his property for
sale as firewood. Considered agricultural products processing for regulation by this chapter.
Any sales activity conducted entirely in an enclosed building,
where stalls or sales areas may be set aside and rented or otherwise
provided which are intended for use by various unrelated individuals,
at which articles that are either homemade, homegrown, handcrafted,
old, obsolete, or antique are sold, and which may include the selling
of goods at retail by businesses or individuals who are generally
engaged in retail trade. Considered a retail business for regulation by this chapter.
Any sales activity conducted in the open air or under any
pavilion or other building, tent or structure which is not fully enclosed,
where stalls or sales areas may be set aside and rented or otherwise
provided which are intended for use by various unrelated individuals,
at which articles that are either homemade, homegrown, handcrafted,
old, obsolete, or antique are sold, and which may include the selling
of goods at retail by businesses or individuals who are generally
engaged in retail trade.
See § 119-45.
The sum of the total horizontal areas of all floors of a
building measured from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for vehicles, any space where
the floor-to-ceiling height is less than six feet, elevator shafts,
common stairwells in an apartment building, and unenclosed porches,
decks and breezeways.
That portion of the gross floor area within a building having
a distance between floor and ceiling of at least seven feet for residential
structures and at least 7 1/2 feet for nonresidential structures,
and not including garage or accessory building space.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking or
loading, and all floors below the first or ground floor except when
these are used or intended to be used for human habitation or service
to the public.
The management of forests and timberlands when practiced
in accord with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any of the following: a land development,
the operation of a sawmill or the operation of any other wood manufacturing
business.
A building containing sleeping rooms, bathrooms, common rooms,
and a central kitchen and dining room maintained exclusively for fraternity
or sorority members currently enrolled and their guests or visitors
and affiliated with an institution of higher learning.[4]
A building or part thereof used for human or animal funeral
services. (A "crematorium" is a separate regulated use.) Such building
may contain space and facilities for any of the following:
Animals raised or trapped in the wild for their pelts, such
as mink, sable, and ermine.
Any facility in which any form of gaming is conducted as authorized
by the laws of the Commonwealth of Pennsylvania, including, without
limitation, gaming authorized by:
The Pennsylvania Racehorse Development and Gaming Act, P.L.
572, No. 71, 4 Pa. C.S.A. § 1101 et seq., as amended from
time to time (the Racehorse Development and Gaming Act); and
The Racehorse Industry Reform Act, P.L. 435, No. 135, 4 P.S.
§ 325.101 et seq., as amended from time to time (the Racehorse
Reform Act).
Notwithstanding the foregoing, for purposes of this chapter,
the term "gaming establishments" shall not include or encompass facilities
or establishments at which small games of chance are played or facilities
participating in any lottery authorized by the Commonwealth of Pennsylvania.
A deck, building, or parking structure, or part thereof,
used or intended to be used for the parking and storage of vehicles.
A structure that is accessory to an institutional, commercial,
or manufacturing establishment, building, or use and is primarily
for the parking and storage of vehicles operated by the customers,
visitors, and employees of such building and that is not available
to the general public.
A structure that is accessory to a single- or two-family
dwelling, is used for the parking and storage of vehicle(s) owned
and operated by the residents thereof, and is not a separate commercial
enterprise available to the general public.
A structure or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
See "yard sale."
A retail establishment engaged in the sale of ornamental
trees, shrubs and plants and supplies for gardening and landscaping.
Considered retail business for regulation by this
chapter.
An unenclosed, detached, covered accessory structure primarily
used for recreation or socializing.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 119-48.
The panes or sheets of glass or other nonglass material made
to be set in frames, as in windows or doors.
A tract of land for playing golf, improved with trees, greens,
fairways, and hazards, and which may include clubhouses and shag ranges,
but does not include miniature golf courses or golf driving ranges.
A novelty version of golf played with a putter and golf ball
on a miniature course, typically with artificial playing surfaces,
and including obstacles such as bridges and tunnels. Considered a recreation facility, commercial for regulation by this chapter.
A facility arranged with golf tees and used for longer-range
play of golf balls where balls are supplied for a fee. It may also
include a putting green. Considered a recreation facility,
commercial for regulation by this chapter.
The Board of Supervisors of Chestnuthill Township.
The elevation of ground or paving.
 |
The final elevation of the average ground level, after development,
adjoining a building at all exterior walls or adjoining other improvements.
The elevation of the ground level in its natural state before
construction, filling, or excavation.
A facility, including necessary structures, where grain is
received and stored on site until it is prepared for reshipment or
is prepared for use as an ingredient in other products and is then
shipped to other manufacturers. Considered agricultural products
processing for regulation by this chapter.
A facility meeting applicable DEP requirements which is operated
by a municipality or a property owners' association (see definition)
where municipal waste and recyclables are collected for transport
to another site for disposal or processing.
A structure, typically constructed of metal or wood framework
and covered with glass or plastic, used for the propagation of plants
for wholesale distribution, and including associated structures for
office space and storage, but not including retail sales of any products
or services.
An accessory structure, typically constructed of metal or
wood framework and covered with glass or plastic, for private noncommercial
use.
An engineered, multilayered roofing system sustaining the
growth of plants on a rooftop while protecting the integrity of the
underlying structure. The components of a green roof typically consist
of a waterproofing membrane, root barrier, drainage layer, retention
layer, filter fabric, growing medium and plants.
See "floor area, gross."
See "tract area, gross."
The use of any lawful dwelling unit which meets all of the following criteria: (See standards in § 119-40.)
Involves the care of the maximum number of persons permitted by the group home standards of § 119-40A(19) and meets all other standards of such section.
Involves persons functioning as a common household.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution, because of physical disability, old age, mental impairment
or other handicap* as defined by applicable Federal law.
Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others.
|
*NOTE: As of 1992, the Federal Fair Housing Act defined "handicap"
as follows: (1) a physical or mental impairment which substantially
limits one or more of such person's major life activities; (2) a record
of having such an impairment; or (3) being regarded as having such
an impairment, but such term does not include current, illegal use
of or addiction to a controlled substance as defined in § 802
of Title 21.
|
A use that would otherwise meet the definition of "group home" but which includes more than the permitted number of residents specified in § 119-40.
An accessory building or structure, together with any associated
gates and related equipment, which is designed, occupied and operated
for the purpose of controlling vehicular access.
A product or waste, or combination of substances, that, because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into groundwater resources
and the subsurface environment, which includes the soil and all subsequent
materials located below. Such hazardous material includes, but is
not limited to, materials which are included in the latest edition
of one or more of the following lists:
Hazardous substances included on the list of "Extremely Hazardous
Substances" in 29 Code of Federal Regulations Part 355, or its successor
provisions.
An establishment primarily engaged in providing services
for human health maintenance, including medical and dental clinics
and hospitals, whether publicly or privately operated.
An administrative proceeding conducted by the Planning Commission,
Board of Supervisors, or Zoning Hearing Board pursuant the requirements
of this chapter.
See "building height."
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 3-16-2021 by Ord.
No. 2021-02]
An area, either at ground level or elevated on a structure,
licensed by the federal government and/or the commonwealth, for the
loading, landing, and takeoff of helicopters, and including auxiliary
facilities, such as parking, waiting room, fueling, and maintenance
equipment.
A heliport without auxiliary facilities, such as parking,
waiting room, fueling, and maintenance equipment, limited to a maximum
total of 15 flights or take-offs in any seven-day period (in addition
to flights necessary for emergency medical purposes) and that is not
available for use by the general public.
A government or nonprofit corporation facility providing
temporary housing to indigent, needy or homeless persons.
The use of a portion of a dwelling unit, such as an office, studio or workroom, for a commercial occupation at home by persons residing in the dwelling unit. See § 119-41 for standards. See also "no-impact home-based business."
See "property owners' association."
Any animal of the horse family or resembling a horse, including,
but not limited to, horses, ponies, mules and donkeys.
An institution or establishment providing primary health
services and medical or surgical care to persons, primarily inpatients,
and including, as an integral part of the institution, related facilities
such as laboratories, outpatient facilities training facilities, medical
offices, or staff residences. Considered a health facility for regulation by this chapter.
A facility offering temporary (generally for periods of two
weeks or less and not intended to be used as a residence) lodging
accommodations to the general public, typically on the basis of daily
or weekly rentals, and providing additional services such as restaurants,
meeting rooms and recreational facilities.
Land and/or a stream or body of water and adjacent area on
any bank thereof, owned or leased by a person or group of persons
duly formed as a club, used principally for hunting/fishing, open
only to members and guests and involving no buildings other than those
for lodging, eating and sanitary facilities for members and guests
and accessory structures.
A surface that prevents the percolation of water into the
ground, such as rooftops, pavement, sidewalks, driveways, gravel drives,
roads and parking, and compacted fill, earth or turf to be used as
such.
 |
See "development improvements."
The LIC Light Industrial/Commercial, BP Business Park Overlay
and GI General Industrial Zoning Districts.
A facility not located on the same lot where the wastewater
is generated which is used for treating and removing any harmful chemicals,
compounds (including the flow back water and solutions used in the
process of hydraulic fracturing for natural gas), nutrients, organics,
solids, radionuclides or other materials prior to being transported
off site for reuse or discharged into a stream or into the soil. Such
a facility typically includes a multibay truck loading/unloading station,
skim ponds for oil/water separation, water clarifiers, sludge dewatering
facilities, reverse-osmosis units, evaporators, chemical feed equipment,
pumps and other appurtenances.
Establishments engaged in the basic mechanical, chemical
or other transformation of extracted or raw materials or substances
into new products or materials, including, but not limited to, the
manufacturing or transformation of products for use by other manufacturers,
the blending of materials such as lubricating oils, plastics, resins
or liquors, other basic industrial processes, mineral processing,
and any facility involving processes resulting in the nonincidental
storage of hazardous materials or the generation of hazardous waste
products, or other environmentally hazardous processes.
One or more lots, tracts, or parcels of land bounded by internal
circulation routes, railroads, or subdivision boundary lines.
Either a public street or a private drive edged by a curb
or delineator device within a development, functioning as part of
an internal circulation system for a large-scale retail/commercial
development.
Any scrap, waste, refuse, reclaimable material or debris, vehicles,
appliances, equipment or machinery, or parts thereof, whether or not
stored or used in conjunction with dismantling, processing, salvage,
storage, baling, disposal or other use or disposition. Junk shall
include, but shall not be limited to:
Scrap iron, tin, brass, copper, lead, zinc and all other metals
and alloys; bones, rags, paper, used cloth, used rubber, used rope,
and similar materials; old or used, or parts of machinery, vehicles,
tools, appliances, furniture, plumbing, heating and other fixtures,
and pipe and pipe fittings;
Used lumber, boxes, crates and pallets;
Used tires;
Other worn, deteriorated, or obsolete manufactured goods which
are unusable;
Mobile homes that are not in habitable condition; and
Abandoned or junked vehicles.
Junk shall not include:
Any solid or liquid waste, the disposal of which is regulated
by the Pennsylvania Department of Environmental Protection.
Agricultural vehicles and implements, such as tractors, mowers,
etc., for use as parts for equipment and machinery used as part of
an active, ongoing agricultural operation, provided such equipment
is stored on the premises of the operation, can be legitimately used
for parts, and is adequately screened.
Construction and contractor's equipment for use as parts for
equipment and machinery used as part of an active, ongoing contracting
business legally operating in accord with this chapter, provided such
equipment is stored on the premises of the operation, can be legitimately
used for parts, and is adequately screened.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of junk, as defined
by this chapter, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. Vehicle sales lots managed
by licensed vehicle dealers operated in accord with this chapter shall
not be considered junkyards. The following shall also be considered
junkyards:
The outside storage or deposit on a lot of two or more abandoned
or junked vehicles if not screened. (See definition of "screened.")
This shall not apply to such vehicles stored as part of a vehicle
repair operation conducted in accord with this chapter.
The outside storage or deposit on a lot of one or more mobile
homes that are not in habitable condition.
A junkyard specifically shall include but not be limited to
a metal scrap yard or auto salvage yard.
Any of the following:
Any commercial establishment where dogs, cats, or other household
pets are housed or boarded and where grooming, breeding, training,
or selling of animals may be conducted.
As defined by the Pennsylvania Department of Agriculture, Bureau
of Dog Law Enforcement: pet shop kennels, dealer kennels, rescue network
kennels, research kennels, boarding kennels, nonprofit kennels and
commercial kennels.
Any veterinary clinic with outdoor animal runs.
The keeping of a greater number of dogs and/or cats than are permitted under the "keeping of pets" provisions in § 119-41D(11).
A natural or artificial body of water, 0.25 acre or larger,
which retains water year-round. Artificial ponds may be created by
dams or result from excavation.
[Amended 7-16-2019 by Ord. No. 2019-01; 10-17-2023 by Ord. No. 2023-01]
The improvement of one or two or more contiguous lots, tracts,
or parcels of land for any purpose involving either or both of the
following:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single principal
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.
A solar commercial facility (SCF) as defined in § 119-21.
The definition of "land development" shall not include the following:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the Township.
See "solid waste facility."
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 individual freestanding building or multiple-building
development in which the combined total of all structures and outdoor
sales areas within the development (regardless of diverse lotting,
use or tenancy) equals 20,000 square feet or more of gross floor area,
used for conference centers; gaming establishments; hotels; motels;
recreation facilities, commercial; restaurants; retail businesses;
service establishments; taverns; theaters; or similar patron-based
uses; but not including camps/retreats, country clubs, and resorts.
See "cultural center."
Illumination that passes from the source through a translucent
cover or shade.
See "manufacturing, light."
Cattle, bison, sheep, goats, llamas, alpacas, swine, ostriches,
emus, and similar animals.
See "animal husbandry."
An interior or exterior off-street space or berth used for
the loading or unloading of people, cargo, products, or materials
from vehicles.
See "residency, long-term."
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
 |
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). See also "lot area, minimum
required."
[Amended 4-23-2015 by Ord. No. 2015-04; 7-16-2019 by Ord. No. 2019-01]
The horizontal land area contained within the property lines
of a lot measured in acres or square feet. The term includes area
of land, land area, lot size, parcel area, parcel size, tract area
and any similar terms as related to the gross area.
[Added 7-16-2019 by Ord.
No. 2019-01]
The horizontal land area contained within the lot lines of a lot (measured in acres or square feet) determined by deducting from the total lot size the areas as specified in § 119-38D(4)(a).
[Added 7-16-2019 by Ord.
No. 2019-01]
A lot or parcel of land abutting two or more streets at their
intersection, or upon two parts of the same street forming an interior
angle of less than 135°. A lot abutting upon a curved street or
streets shall be considered a corner lot if the tangent to the curve
at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersects at an angle
of less than 135°.
That portion of the lot covered by all created improvements,
including, but not limited to, primary buildings, decks, porches,
accessory buildings, paving, patios, sidewalks, pools and other impervious
areas, provided that where a municipal boundary bisects a lot, the
total area of the lot, regardless of the municipal boundary, shall
be used for the purpose of determining compliance with the permitted
lot coverage.
The horizontal distance between the midpoint of the front
lot line and the midpoint of the rear lot line.
Any lot or parcel of property which was legally in existence
and properly on file with the County Recorder of Deeds prior to the
effective date of the original Township Zoning Ordinance. (See "parent
tract.")
A lot not meeting minimum frontage requirements and where
access to the public road is by a narrow, private right-of-way or
driveway.[5]
A lot other than a corner lot, the sides of which do not
abut a street.
The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the "lot line" is considered to be the existing street right-of-way
line or that which will exist at the time of completion of a subdivision
or development.
LOT LINE, FRONTThe lot line(s) separating the lot from any street. For a corner lot, see § 119-71B.
LOT LINE, REARThe lot line(s) most distant from and most parallel to the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
 |
A through lot with frontage on two streets, with vehicular
access restricted to only one of the streets.
 |
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
The horizontal distance between the side lines of a lot, measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required or approved front and rear building lines. In the case of a lot fronting on a cul-de-sac turnaround or curve, along a chord perpendicular to a radial line located equidistant between the side lot lines, the said chord shall intersect the radial line at a point located at the required or approved building setback line. (Note: Chapter 98, Subdivision and Land Development, includes provisions allowing reduction of lot widths in certain circumstances, including around cul-de-sac ends, and to allow flag lots within conservation design developments.)
See "forestry."
An area, with or without structures, used for the storage,
distribution or sale of finished or rough-cut lumber and lumber products.
See "vehicle and equipment sales operation."
Facilities involving generally unobtrusive processes carried
on entirely within a fully enclosed building and not resulting in
the nonincidental storage of hazardous materials or the generation
of hazardous waste products or other environmentally hazardous processes.
Light manufacturing includes, but is not limited to:
Fabrication, processing, assembly, repair, testing, packing
and/or storage of products made from previously prepared materials,
products, components and parts, such as cloth, plastic, food, paper,
glass, leather, stones, and electronic components.
Research, engineering or testing laboratories.
Textile and clothing manufacturing.
Furniture or other wood products production.
Light manufacturing does not include:
Pressing, squeezing, stretching, or stimulating the face,
scalp, neck, limbs, or other parts of the human body with or without
cosmetic preparation, either by hand or with mechanical or electrical
appliances.
A service establishment that meets all of the following criteria:
Massages are conducted for a fee, tip or other consideration;
and
The person conducting the massage is licensed by the Commonwealth
of Pennsylvania as a health care professional or a therapeutic massage
therapist or is certified by the National Certification Board for
Therapeutic Massage and Bodywork or other recognized therapeutic massage
organization that requires substantial professional training; and
The establishment does not meet the definition of "massage parlor."
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A structure designed for an assemblage of persons, including
fraternal organizations, banquet facilities within eating and drinking
establishments, catering facilities, and areas located within the
grounds of churches to service gatherings such as weddings, parties,
etc.
A collection of animals which are kept in cages or enclosures,
inside a building or outdoors, for exhibition or educational purposes,
with or without charge.
A facility for the production, packaging and sampling of
malt beverages of alcoholic and/or nonalcoholic content for retail
or wholesale distribution, on or off the premises, and which produces
less than 15,000 gallons of malt beverages per year.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat, and crude oil and natural gas.
The mining, removal or recovery, by any means whatsoever (including, but not limited to, open excavations and quarries, subsurface mining and drilling), of minerals as defined in this Article II, and including the incidental screening, washing, crushing and grading of materials originating on the site. Mineral extraction shall not include:
The salvage removal of already quarried stone from existing
quarries where no additional blasting, ripping or other mechanical
operations are required.
The extraction of minerals by a landowner for the landowner's
noncommercial use from land owned or leased by the landowner.
The extraction of sand, gravel, rock, stone, earth or fill from
borrow pits for public road construction undertaken by a public entity
or the extraction of minerals associated with a public construction
contract.
The handling, processing or storage of slag on the premises
of a manufacturer as a part of the manufacturing process.
The extraction, handling, processing or storing of minerals
from a building construction excavation on the site of the construction
if the minerals removed are incidental to the building construction
excavation, regardless of the commercial value of the minerals. The
minerals removed are incidental if the excavator demonstrates that:
The refinement of minerals by the removal of impurities,
reduction in size, transformation in state, or other means to specifications
for sale or use, and the use of minerals in any manufacturing process
such as, but not limited to, concrete or cement batching plants, asphalt
plants and manufacture of concrete and clay products. This shall not
include activities typically part of a pipeline compressor station,
metering station or operation/maintenance facility. Mineral processing
is considered industry for the purposes of regulation
by this chapter.
See "convenience store."
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two units designed to be joined
into one integral unit capable of again being separated for repeated
towing, which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed
so that it may be used without a permanent foundation, and which is
subject to United States Department of Housing and Urban Development
regulations.
A parcel of land in a mobile home park which is leased by
the park owner to the occupants of the mobile home erected on the
lot and which is 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 have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
Any structure erected for use as a display to promote the
sale of similar residential structures, which may be utilized on a
short-term basis as an office, with ultimate use of the structure
to conform to a permitted use in the district in which the structure
is located. (See also "sample home.")
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 3-16-2021 by Ord.
No. 2021-02]
A facility offering temporary (generally for periods of two
weeks or less) lodging accommodations to the general public, typically
on the basis of daily or weekly rentals, with at least 25% of the
rooms having direct access to the outside. Rooms in the facility shall
not be used as a principal residence, except for an employee (i.e.,
caretaker).
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[6]
A building containing two or more independent, nonresidential
uses, such uses being permitted in the district where the multiple-occupant
building is proposed.
Chestnuthill Township, Monroe County, Pennsylvania.
See "cultural center."
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets, but not including facilities or equipment that is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from the natural gas. A natural gas processing plant
is considered industry for the purposes of regulation
by this chapter. (See also "pipeline compressor station, metering
station or operation/maintenance facilities.")
A development of five to 25 single-family, detached dwellings
clustered in a concentrated area which is surrounded by open land
or recreation area.
An establishment dispensing food and drink and in which music,
dancing, or entertainment is an integral and significant part of the
operation.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements as set forth in Section 107 of the Pennsylvania
Municipalities Planning Code.[7]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no other employees other than family
members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity shall not use any equipment or process
which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
The business activity shall not generate any solid waste or
sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
The business shall be conducted only within the dwelling and
may not occupy more than 25% of the habitable floor area.
The business shall not involve any illegal activity.
Any lot which does not conform with the minimum width, depth and area dimensions specified for the district where such a lot is situated, such lot having been created and recorded in the office of the Monroe County Recorder of Deeds prior to the effective date of this chapter, as amended. See § 119-73.
A structure or part of a structure which does not comply with the applicable district limitations on structure size and location on a lot, where such structure legally existed prior to the enactment of this chapter, as amended, and including, but not limited to, nonconforming signs. See § 119-73.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter, or amendments hereto, where such use legally existed prior to the enactment of this chapter, as amended. See § 119-73.
Wireless communications facilities co-located on existing
structures, such as, but not limited to, buildings, water towers,
electrical transmission towers, utility poles, light poles, traffic
signal poles, flagpoles and other similar structures that do not require
the installation of a new tower. This term includes the replacement
of an existing structure with a similar structure that is required
to support the weight of the proposed WCF.
[Added 3-16-2021 by Ord.
No. 2021-02]
The growing, cultivation, storage, and sale of garden plants,
flowers, trees, and shrubs to landscapers, developers, builders, and
retail establishments.
See "personal care home."
Any use of or activity upon a particular premises or holding
real property by being in possession.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses
but may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
A building or part of a building used primarily for conducting
the affairs of a business, profession, service, industry or government,
or like activity. It may include ancillary services for office workers,
such as a restaurant, coffee shop, newspaper or candy stand, and day-care
facilities.
The Chestnuthill Township Official Map, adopted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Code, which shows lands reserved by the Township for easement or acquisition for public purposes.
The Official Zoning Map of Chestnuthill Township, Monroe
County, Pennsylvania.
A facility licensed pursuant to the provisions of the Racehorse
Reform Act for the purpose of gaming authorized at a nonprimary location
pursuant to the provisions of the Racehorse Reform Act. Considered
a gaming establishment for regulation by this chapter.
A type of mineral extraction involving a bore hole drilled
or being drilled for the purpose of or to be used for producing, extracting
or injecting any gas, petroleum or other liquid related to oil or
gas production or storage, including brine disposal, but excluding
bore holes drilled to produce potable water to be used as such. The
term "well" does not include a bore hole drilled or being drilled
for the purpose of or to be used for systems of monitoring, producing
or extracting gas from solid waste disposal facilities, as long as
the wells are subject to the Act of July 7, 1980 (P.L. 380, No. 97),
known as the "Solid Waste Management Act," and do not penetrate a
workable coal seam.[8]
An area that is intended to provide light and air, and is
designed for environmental, scenic, recreational, resource protection,
amenity and/or buffer purposes, and which contains no development
improvements which are not specifically permitted by this chapter
or the Township Subdivision and Land Development Ordinance.[9]
Open space that is part of a particular conservation design
subdivision development tract set aside for the use and enjoyment
of residents of such development.
Open space that is part of a particular conservation design
subdivision development tract set aside for the protection of sensitive
natural features, farmland, forest land, scenic views and other primary
and secondary conservation areas and which is permanently restricted
from further development except as permitted by this chapter and cannot
be used as a basis for density for any other development. Conservation
open space may be accessible to the residents of the development and/or
the Township, or it may contain areas of farmland or forest land which
are not accessible to project residents or the public.
Open space that is dedicated or reserved for the use of the
general public in accord with the requirements of the Township Subdivision
and Land Development Ordinance.[10]
Any commercial activity or activity associated with a commercial
use where concerts, theater arts, movies or any other type of entertainment
is provided outside a fully enclosed building.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to submit an
application for the development or use of land.
The Commonwealth of Pennsylvania.
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Transportation.
A building that is intended for a single commercial use and
that is physically separate from the other buildings on the site;
typically used in the context of retail shopping center development,
a building or building site that is physically separate from and smaller
than the principal building and reserved for freestanding commercial
uses. Typical pad-site uses include, by way of illustration only,
freestanding restaurants, banks and service stations.
The portion of a wall that extends above the roofline.
See "lot."
Any lot or parcel of property which was legally in existence
and properly on file with the County Recorder of Deeds prior to the
effective date of the original Township Zoning Ordinance and from
which a lot or lots have been subdivided or are proposed for subdivision.
(See "lot, existing of record.")
A parking lot designed for drivers to leave their cars and
share a ride with another driver or use mass transit facilities beginning,
terminating, or stopping at or near the park-and-ride facility.
Any public or private area, under or outside of a building
or structure, designed and used for parking motor vehicles, including
parking lots, garages, private driveways, and legally designated areas
of public streets. See "garage."
A parking area for the exclusive use of the clients, customers
or owners of the lot on which the parking area is located or whomever
else they permit to use the parking area.
A parking area available to the public, with or without payment
of a fee.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and that is not located on a dedicated
street right-of-way.
A temporary storage area for a motor vehicle that is located
on a public or private street right-of-way.
An open recreational area or structure, constructed no higher
than six inches from the ground level and resting directly on the
ground. It may be attached to or detached from the principal building
and may be constructed using wood, masonry, pavement, stone, or other
material suitable for that purpose.
A permanent foundation which meets the requirements of the
Uniform Construction Code.
A document issued by the proper authority documented on the
required application which authorizes the applicant to undertake certain
activities in compliance with all the applicable codes and ordinances.
ZONING PERMITIndicates that a proposed use, building or structure as documented in the development application will comply with the requirements of this chapter; issued by the Zoning Officer for principal permitted uses, accessory uses and signs following confirmation of compliance with applicable standards, for conditional uses following approval by the Board of Supervisors, and for special exceptions following approval by the Zoning Hearing Board.
BUILDING PERMIT or CONSTRUCTION PERMITIssued by the Building Code Official and indicates that a proposed construction, alteration, or reconstruction of a structure will comply with the Township construction code.
CERTIFICATE OF USE/OCCUPANCYA document issued by the Township stating that a newly constructed or altered building, structure, and/or use complies with this chapter and/or the Uniform Construction Code and may be lawfully used.
Individuals, corporations, companies, associations, joint-stock
companies, firms, partnerships, limited-liability companies, corporations
and other entities established pursuant to statutes of the Commonwealth
of Pennsylvania, provided that "person" does not include or apply
to the Township, or to any department or agency of the Township.
[Amended 3-16-2021 by Ord. No. 2021-02]
A facility licensed by the Commonwealth of Pennsylvania for
the housing and intermediate or fully skilled nursing care of three
or more persons needing such care because of old age or a physical
illness or disability or a developmental disability.
See "service establishment."
Domestic cats and domestic dogs, and other animals which
are commonly kept primarily inside a dwelling unit for companionship
or personal satisfaction (not for consumption or utilitarian use)
such as parakeets, parrots and similar birds, ferrets, mice, guinea
pigs, hamsters and similar rodents, nonpoisonous snakes, and fish.
Pet does not include livestock, small animals and fowl, pot-bellied
pigs and miniature horses.
An area of open space and pavilions that is not publicly
owned and is used for group picnics and related outdoor recreation,
and which is used on a commercial basis. Considered a recreation
facility, commercial for regulation by this chapter.
A facility at which a petroleum product passing through a
pipeline is pressurized by a turbine, motor, or engine, the volume
of flow is measured or permanent facilities are installed for pipeline
operation/maintenance and which compress, decompress, process, heat,
dehydrate, alter or transform the pipeline product. The facility may
contain some type of liquid separator consisting of scrubbers and
filters that capture any liquids or other undesirable particles from
the pipeline. The definition also includes utility transfer stations
which are owned, operated and maintained by the local natural gas
utility and mark the point at which it assumes official control of
the gas. The definition excludes pipeline valves, metering stations,
pig launchers/receivers, and other components which are located within
the pipeline right-of-way and do not compress, decompress, process,
heat, alter or transform the pipeline product.
Buildings, synagogues, churches, temples, cathedrals, chapels,
religious retreats, monasteries, seminaries and shrines used primarily
for religious and/or spiritual worship and that are operated by a
tax-exempt organization qualifying under Section 501(c)(3) of the
Internal Revenue Code for nonprofit and noncommercial purposes, which
people regularly attend to participate in or hold religious services,
meetings or functions, or religious instruction, and which may include
customary incidental accessory uses such as day-care centers, meeting
and activity rooms, and recreation facilities.
The Planning Commission of Chestnuthill Township, Monroe
County, Pennsylvania.
A map or plan of a subdivision or land development, whether
preliminary or final.
A natural or artificial body of water 0.25 acre or larger
which retains water year-round. Artificial ponds may be created by
dams or result from excavation.
An attached, roofed accessory structure projecting from a
wall of a building, which may be open or screened and with walls no
higher than four feet above the floor level.
A porch or walkway with a roof supported by columns, often
leading to the entrance of a building.
Any facility, including structures, machinery and associated
equipment, which generates electric energy from another source of
energy, such as nuclear reactions, hydroelectric dams, or natural
gas or coal-fired plants, the primary purpose of which is the commercial
sale of the energy which is generated. Power plants which produce
electric energy, 75% or more of which is used on the site of production,
shall be considered part of the principal permitted use for which
the energy is used (excluding solar and wind energy).
See "resources, primary."
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture, Natural Resources Conservation Service, County Soil
Survey.
A building in which the primary or predominate use of a lot
is conducted, including any structure that is physically attached
to the principal building.
The place of ingress and egress most frequently used by the
public.
A use allowed in a particular zoning district which is approved
by the Zoning Officer provided the application complies with all requirements
of this chapter.
The road with the highest priority that is adjacent to the
lot or site. Road priorities are as follows, from highest to lowest:
arterial, collector, local access. If a lot is adjacent to more than
one road of equally high priority, the principal road is the road
with transit service. If the roads do not have transit service, the
priority shall be designated by the owner.
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
The primary or predominate use of a lot.
The office of a member of a recognized profession, such as
an accountant, architect, author, dentist, engineer, insurance agent,
landscape architect, lawyer, minister, optometrist, planner, physician,
or realtor.
A nonprofit corporation organized by the developer or homeowners
for the purpose of establishing an association of all property owners
in a private development, the purposes of which shall include the
ownership and maintenance of open space, common areas and all development
improvements.
Any structure, building or use owned and operated by a government
body or agency, including such things as public schools, parks, civic
centers, and municipal buildings; but excluding solid waste disposal
facilities, institutional uses, nursing homes, hospitals, and other
uses specifically defined by this chapter.
A formal meeting held pursuant to public notice by the Planning
Commission or the Board of Supervisors, intended to inform and obtain
public comment, prior to taking action in accord with Pennsylvania
Municipalities Planning Code.[11]
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), as amended, known as the "Sunshine Act."[12]
Notice published once each week for two consecutive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the 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.
Any agency or entity that, under public ownership, or under
a certificate of convenience and necessity issued by the Pennsylvania
Public Utility Commission, or by grant of authority by a governmental
agency, provides the public with electricity, gas, heat, steam, communication,
transportation, water, sewage collection, or other similar service.
A road course, either oval, circuitous or straight, where
motor vehicles, including, but not limited to, automobiles, trucks,
go-carts, motorcycles, motor scooters, dune buggies and the like,
are driven for recreation, testing or competition; or any course where
animals are raced for competition.
A vehicle primarily designed and utilized as temporary living
quarters for recreational, camping or travel use, whether self-propelled
or mounted on or drawn by another vehicle, and including travel trailers,
recreational trailers, camping trailers, truck campers, motor homes
and similar types of vehicles.
See "campground or recreational vehicle park."
A private or public space associated with a residential development,
including accessory structures, such as fences, backstops and bleachers,
used for play and/or recreation by individuals.
A private or public space associated with a residential development,
including accessory structures, such as fences, backstops and bleachers,
and other equipment, used for play and/or recreation by individuals,
and including, but not limited to, golf courses, basketball, volleyball
and tennis courts, baseball, football and soccer fields, and playgrounds.
A private or public space associated with a residential development,
not including any accessory structures used for active recreation
by individuals, and including, but not limited to, trails, picnic
areas, community gardens, and lawns.
Outdoor or indoor areas or structures, operated by private
nonprofit or private commercial entities, open to the public, which
may contain entertainment and amusement devices or attractions, including,
but not limited to, picnic groves, tennis and racquetball courts,
ski areas, miniature golf courses, golf driving ranges, and the like,
but excluding golf courses, theaters, public parks and playgrounds
and any other use specifically listed on the Table of Permitted Uses.
Parks, swimming pools, playgrounds, tennis courts, and other
recreational facilities owned and operated by the Township, county,
school district, state, or federal government. See "public buildings
and uses."
A facility employing a technology that is a process that
separates or classifies municipal waste (as defined by Pa. Code Title
25, § 271.1) and creates or recovers reusable materials
that can be sold to or reused by a manufacturer as a substitute for
or a supplement to virgin raw materials. The term does not include
solid waste facilities, a resource-recovery facility, or a green box
transfer station/recycling facility, as defined herein, or an accessory
drop-off point or collection center for recycling.
See "Comprehensive Plan."
The Committee established by intergovernmental agreement
in accord with the adopted Regional Comprehensive Plan.
A specific land use which is permitted within the Planning Region consistent with the Regional Comprehensive Plan and specifically identified in § 119-27E(4).
A dwelling associated with a place of worship in which reside
individuals directly involved with the administration or function
of a place of worship, including clergy and staff and immediate family
members.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance. See also "addition" and
"alteration."
Shops for the repair of appliances, watches, guns, bicycles
and other household items. Considered a service establishment for regulation by this chapter.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 3-16-2021 by Ord.
No. 2021-02]
A parking place provided to accommodate a vehicle which is
queued in a lane awaiting service in a drive-in facility such as a
bank, fast-food restaurant or a car/truck wash.
Occupancy of a dwelling, generally for periods of 30 days
or more, as opposed to temporary visits to bed-and-breakfast establishments,
short-term rentals, motels, hotels, campgrounds and recreational vehicles,
and which serves as the legal address for the occupant. It also includes
any dwelling or structure where children who attend school reside.
[Amended 7-16-2019 by Ord. No. 2019-01]
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, gazebo, storage shed, greenhouse, children's playhouse
or children's play equipment. It does not include any business conducted
in a household garage or storage shed that is accessory to a dwelling,
except as may be allowed as a home occupation.
The CR Conservation Residential, RR Rural Residential, R-S
Special Residential, R-1 Low Density Residential, R-2 Medium Low Density
Residential and R-3 Medium High Density Residential Zoning Districts.
The lot line of a lot that contains an existing primarily
residential use or is undeveloped and zoned as a residential district.
A business combining lodging, eating and recreational facilities
for lodgers and/or nonlodgers as a single enterprise offered to the
public at large or any segment thereof, not including bed-and-breakfast
establishments, campgrounds, recreational vehicle parks or mobile
home parks. Amenities may include conference centers, retail sales,
spas, beauty salons, barbershops, restaurants, indoor and outdoor
recreational facilities, health centers, day-care centers, facilities
for commercial special events, and employee living quarters.
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste (as defined
by Pa. Code Title 25, § 271.1).
The term includes a facility that mechanically extracts materials
from municipal waste, a combustion facility that converts the organic
fraction of municipal waste to usable energy and a chemical and biological
process that converts municipal waste into a fuel product.
The term includes a facility for the combustion of municipal
waste that is generated off site, whether or not the facility is operated
to recover energy.
The term includes land affected during the lifetime of operations,
including, but not limited to, areas where processing activities actually
occur, support facilities, borrow areas, offices, equipment sheds,
air- and water-pollution control and treatment systems, access roads,
associated on-site or contiguous collection, transportation and storage
facilities, closure and post-closure care and maintenance activities
and other activities in which the natural land surface has been disturbed
as a result of or incidental to operation of the facility.
The term does not include:
Natural features consisting of one-hundred-year floodplain
(including the floodway), wetlands and prohibitive steep slopes (greater
than 25%). In conservation subdivisions, all conserved lands containing
primary resources are called "primary conservation areas."
Natural or cultural features outside primary conservation
areas that are worthy of conservation by inclusion in conservation
open space. See the prioritized list of such features in the Subdivision
and Land Development Ordinance.[13] Lands containing secondary resources that are conserved
are called "secondary conservation areas."
An establishment where food and drink are prepared, served,
and consumed, mostly within the principal building, which may include
limited forms of musical entertainment to accompany the dining experience;
however, restaurants that provide dancing and stage shows shall be
considered a nightclub.
Any part of a food establishment located outdoors, not used
for any other purposes, and open to the sky, with the exception that
it may have a retractable awning or umbrellas, and may contain furniture,
including tables, chairs, railings, and planters that are readily
movable.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant part of the
consumption takes place outside the confines of the restaurant, and
where ordering and pickup of food may take place from a vehicle.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
An establishment that delivers kerosene, home heating oil,
and propane to individual dwellings or commercial establishments for
use on that premises and not for resale, and where the storage of
fuel on the site of the retail home heating fuel distributor does
not exceed a combined total of 20,000 gallons. Any such establishment
where the storage of fuel on the site exceeds a combined total of
20,000 gallons shall be considered a bulk fuel storage facility.
[Amended 4-23-2015 by Ord. No. 2015-04]
A solid or integrated vertical structure in excess of four
feet in height designed for the separation or retention of varying
ground levels.
A residential development consisting of living units exclusively
serving older persons. Such a development may include facilities for
health, disability or convalescent care, ancillary support services
and community services to service persons of retirement age in the
surrounding area. At least one resident of each household shall be
at least 55 years of age or be the surviving spouse of a deceased
resident who was at least 55 years of age. In addition, the care of
persons with disabilities shall be permitted in assisted living facilities.
Land reserved for use as an access, street, drainage facility
or other private, public or community use.
See "street."
The outside top covering of a building.
 |
See "boardinghouse."
An unoccupied single-family dwelling associated with a principal
permitted commercial use and not intended for permanent occupancy,
and used solely for demonstration purposes to inform potential purchasers
of the types of homes available from the seller. (See also "model
home.") The display and sale of such homes is considered a retail business for regulation by this chapter.
Apparatus designed for transmitting radio energy to satellites
or receiving it from satellites, and including any attached mountings
or brackets.
A commercial operation where timber is sawed into boards.
This does not include a portable sawmill operating temporarily as
an accessory to a timber harvest.
An educational institution that primarily provides state-required
or largely state-funded educational programs. This term shall not
include trade schools.
Visibly shielded or obscured from any adjoining or neighboring
property, any public or private road right-of-way, or any other premises
which is accomplished by topography, fencing, berms, natural and planted
vegetation or other means approved by the Township.
A method of visually shielding or obscuring a structure or
use from another by topography, fencing, walls, berms, planted vegetation
or a combination of these methods.
See "resources, secondary."
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes available for lease or
rent for varying periods of time.
A building or use operated by nonprofit, community-based
organizations for the general use of Township residents, including
emergency services buildings, libraries and the like, but excluding
institutional uses such as nursing homes, hospitals, sanitariums and
clinics. It shall also include essential services and public utilities
that require enclosure within any structure or building.
A senior active-adult residential development (the development)
is defined as a residential development with the following characteristics:
Occupancy of each dwelling shall be restricted to individuals
62 years of age or older; subject, however, to the applicable rules
and regulations of the Pennsylvania Housing Finance Agency (PHFA).
Established and maintained in compliance with the Housing for
Older Persons Act of 1995, 42 U.S.C. §§ 3601-3619 (the
"Older Persons Act").
Designed to accommodate the social and passive recreational
needs of the residents.
Dwelling units in the development shall be leased in accord
with the rules and regulations of the PHFA.
Each senior active-adult residential development dwelling unit
shall be designed to be occupied in accord with the rules and regulations
of the PHFA. Each dwelling unit shall contain, at a minimum, all of
the following elements:
The density, minimum lot sizes, minimum setbacks, minimum lot
width, and other bulk standards shall conform to the VC District standards,
except as follows:
The maximum density permitted shall be 15 dwelling units per
adjusted tract acre.
The minimum lot size shall be at least two acres of adjusted tract acreage [see § 119-38D(4)], which acreage may be in more than one political subdivision.
A senior active-adult residential development shall contain
passive and/or active recreational or common areas suitable for the
residents of the development, which recreational areas may be in a
combination of exterior and interior areas, which aggregate a minimum
of 10% of the total site area. The recreational and/or common areas
shall be for the common use of the residents of the development.
Each multifamily senior housing unit shall have one off-street
parking space per dwelling unit.
Where a development is proposed as an affordable senior active-adult
housing project under the rules and regulations of the PHFA Federal
Low-Income Housing Tax Credit Program, the owner or developer of the
development shall pay, in lieu of any then-applicable recreational
fee due the Township under the provisions of any Township ordinance,
a fair-share contribution to the Township of $200 per year per unit
for five consecutive years commencing with the occupancy of the first
unit. Developments which do not qualify for the PHFA Federal Low-Income
Housing Tax Credit Program shall pay the recreational fees otherwise
due under the provisions of this chapter or any other applicable ordinance
of this Township.
An establishment engaged in providing services involving
the care of a person or a person's goods or apparel, such as cleaning
and garment services, beauty and barber shops, shoe repair, dry-cleaning
and laundries, photographic studios, etc., and which is not otherwise
listed as a use in the Table of Permitted Uses.
The required minimum open space extending the full width
of the lot between the principal structure(s) and accessory structure(s)
and the front lot line. See also "yard" and "lot line."
The required minimum open space extending the full width
of the lot between the principal structure(s) and accessory structure(s)
and the rear lot line. See also "yard" and "lot line."
The required minimum open space between the principal structure(s)
and accessory structure(s) and the nearest lot line or right-of-way
as provided by this chapter. See also "yard" and "lot line." (See
illustrations which follow.)
 |
 |
The required minimum open space extending from the front
setback to the rear setback between the principal structure(s) and
accessory structure(s) and the side lot line. See also "yard" and
"lot line."
As used in reference to transferable development rights, the division or separation of development rights from the total bundle of rights associated with a parcel of land in accord with the provisions of § 119-34 of this chapter.
A central sewage disposal system approved by the Pennsylvania
Department of Environmental Protection (DEP) where domestic sewage
effluent is applied to the land in accord with DEP regulations, and
which includes an appropriate mechanism to ensure long-term professional
operation and maintenance of the system, which could include public
sewage disposal. Such systems may include a central system using drip
irrigation, spray irrigation, disposal beds, or other method approved
by DEP.
A sanitary sewage collection system in which sewage is carried
from individual lots or dwelling units by a system of pipes to a central
treatment and disposal system or sewage treatment plant which may
be publicly or privately owned and operated. A system designed to
serve a two-family dwelling or two dwelling units located on the same
property or adjacent properties shall not be considered as off-site
sewage.
A single system of piping, tanks or other facilities serving
only a single lot and disposing of sewage in whole or in part into
the soil on that lot or as may be permitted on common open space in
a conservation subdivision design development. A system designed to
serve a two-family dwelling or two dwelling units located on the same
property or adjacent properties shall be considered on-site sewage
disposal, and all development standards will apply the same for each
dwelling or unit as any single-family unit.
The Township official certified by the Pennsylvania Department
of Environmental Protection who reviews permit applications and sewage
facilities planning modules, issues permits as authorized by the Pennsylvania
Sewage Facilities Act, as amended, and conducts investigations and
inspections that are necessary to implement the Act and its regulations.[14]
A detached accessory structure used for the storage of tools,
minor equipment, and materials, but too small for the storage of an
automobile.
Any area of land which is used for hunting of animals where
a fee or other consideration is charged.
Any fully enclosed building used for the discharge of any
firearm for recreational or training purposes which is a commercial
operation, or which is operated by any government entity, private
nonprofit entity, or any sportsman's, recreation or fraternal club
or association.
Any area not within a fully enclosed building used for the
discharge of any firearm for recreational or training purposes which
is a commercial operation, or which is operated by any government
entity, private nonprofit entity, or any sportsman's, recreation or
fraternal club or association.
A group of independent (i.e., not dependent on each other
for operation) commercial establishments occupying spaces separated
by walls which are planned, constructed and managed as a total entity,
with customer and employee parking provided on site, provision for
goods delivery separated from customer access, aesthetic considerations,
landscaping, and signs.
Granting or allowing the occupancy or possession, in whole
or in part, of a dwelling unit for a transient use, for compensation
or remuneration of any kind. This definition applies to all types
of dwelling units, including (but not limited to) single-family, two-family
and multifamily dwelling units, whether or not otherwise primarily
used as permanent residences or seasonal or vacation homes.
[Added 7-16-2019 by Ord.
No. 2019-01]
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in § 119-57. This shall not include displays that only involve symbols that are clearly and entirely religious in nature and which do not include advertising.
See § 119-57.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located.
An agricultural products processing use involving the killing
of animals for the production of food or some other commercial product.
A commercial stockyard or similar facility that primarily involves
the bulk storage or transferring of animals on the way to slaughter
shall also be considered a slaughterhouse. Considered agricultural
products processing for regulation by this chapter. Slaughterhouse
does not include a custom butcher shop that does not involve killing
of animals, which is considered a retail business.
Rabbits, bees, insects, chickens, turkeys, ducks, geese,
pheasants, pigeons and any other similar animals.
A wireless communications facility that meets the following
criteria:
[Added 3-16-2021 by Ord.
No. 2021-02]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume.
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
A property owner's right to have sunlight shine on the owner's
land.
[Added 10-17-2023 by Ord. No. 2023-01]
A device or combination of devices, structure, or part of
a device or structure that transforms direct solar energy into thermal,
chemical, or electrical energy.
A device, combination of devices, structures, or part of
a device or structure that transforms direct solar energy into thermal,
chemical, or electrical energy which is sized and intended to be used
to generate electricity for the principal structure to which it is
accessory.
A facility where one or more solar collectors and/or other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities, are located and are used for the generation
of electricity which is sold on the open market.
[Amended 10-17-2023 by Ord. No. 2023-01]
A solar easement means a right expressed as an easement,
restriction, covenant, or condition contained in any deed, contract,
or other written instrument executed by or on behalf of any landowner
for the purpose of assuring adequate access to direct sunlight for
a solar electric system.
[Added 10-17-2023 by Ord. No. 2023-01]
Radiant energy (direct, diffuse and/or reflective) received
from the sun.[15]
[Added 10-17-2023 by Ord. No. 2023-01]
A solar photovoltaic cell, module, or array, or solar hot
air or water collector device which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
[Amended 10-17-2023 by Ord. No. 2023-01]
SOLAR ARRAYA grouping of multiple solar modules for harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
 |
The effect produced by light reflecting from a solar array
with an intensity sufficient to cause annoyance, discomfort, or loss
in visual performance and visibility.
[Added 10-17-2023 by Ord. No. 2023-01]
Items including, but not limited to, a solar photovoltaic
cell, module, or array, or solar hot air or water collector devices,
lines, pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
[Added 10-17-2023 by Ord. No. 2023-01]
Waste, including, but not limited to, municipal, residual,
construction/demolition or hazardous wastes (as defined by Pa. Code,
Title 25, § 271.1), including solid, liquid, semisolid or
contained gaseous materials.
Any facility or operation, other than a solid waste landfill,
involving the management, processing and/or disposal of solid waste,
including, but not limited to, solid waste transfer facilities, solid
waste staging areas and solid waste incinerators. The term does not
include a composting facility or a recycling facility, as defined
herein, or an accessory drop-off point or collection center for recycling.
[Amended 7-16-2019 by Ord. No. 2019-01]
A facility using land for disposing of solid waste. The facility
includes land affected during the lifetime of operations, including,
but not limited to, areas where disposal or processing activities
actually occur, support facilities, borrow areas, offices, equipment
sheds, air- and water-pollution control and treatment systems, access
roads, associated onsite and contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a facility for the land application
of sewage sludge.
Any area where vehicles or containers which contain or have
contained solid waste are parked or located. Considered a solid waste
facility for regulation by this chapter.
[Added 7-16-2019 by Ord.
No. 2019-01]
A type of solid waste facility which receives and processes
or temporarily stores solid waste at a location other than the generation
site, and which facilitates the transportation or transfer of the
waste to a processing or disposal facility. The term does not include
a composting facility, a green box transfer station/recycling facility,
a recycling facility, or a resource-recovery facility, as defined
herein, or an accessory drop-off point or collection center for recycling.
The intensity, in decibels, measured by a sound-level meter
satisfying the requirements of American National Standards Institute
Specification for Sound-Level Meters S1.4-1971. Sound level is the
frequency-weighted sound-pressure level obtained with the standardized
dynamic characteristic "fast" or "slow" and weighting A, B or C; unless
indicated otherwise, the A-weighting is understood. The unit of any
sound level is the decibel, having the unit symbol "dB."
The level of a constant sound which, over a given time interval
and situation, has the same sound energy as a time-varying sound.
A unique, rare, or otherwise specifically selected plant
or tree considered worthy of conservation by the Township because
of its species, size, age, shape, form, historical importance, or
any other significant characteristic, including listing as a "species
of special concern" by the State of Pennsylvania, particularly as
applied to trees over 20 inches dbh.
A structure or land where horses are kept for remuneration,
hire, sale, boarding, training, riding or show, and which includes
the commercial hire of horses to the general public for riding or
other purposes.
An accessory structure or use of land where horses are kept
for the sole use of the residents of the principal structure, and
which includes no remuneration, hire, boarding or other commercial
use.
The Commonwealth of Pennsylvania and its agencies.
Camouflaging methods applied to wireless communications facilities
and accessory equipment 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, and light poles.
[Added 3-16-2021 by Ord.
No. 2021-02]
A receptacle, such as a wooden or metal box or a trailer
of a tractor trailer with wheels removed, in which raw materials,
products or other items are stored.
An area, not on the same parcel where the products are initially
harvested or gathered, to which trees, forest products, flagstone,
landscaping stone, wall stone or other minerals are hauled and stored,
and which does not involve any land development, the operation of
a sawmill, the operation of any other wood manufacturing business,
or the operation of any natural resources processing.
A natural watercourse. See "watercourse."
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
drive, lane, boulevard, highway, road and any other thoroughfare except
an alley. Public rights-of-way shall be those open to the general
use of the public, not necessarily publicly dedicated.
Based primarily upon the Comprehensive Plan, the following
classifications shall apply for existing streets:
ARTERIAL STREETSU.S. Route 209, Pennsylvania Route 115, State Route 3017 (old Route 115 south of U.S. Route 209).
COLLECTOR STREETSJonas Road, Sugar Hollow Road, Merwinsburg Road, Pennsylvania Route 715, Effort-Neola Road, Gilbert Road, and Weir Lake Road.
All other existing streets shall be considered local streets
for the purposes of this chapter. This classification is not intended
to distinguish public versus private streets.
See § 98-19.
A wall of a building that is within 60° of parallel to
a street lot line, and is not behind another wall, as determined by
measuring perpendicular to the street lot line. The length of a street-facing
facade is measured parallel to the street lot line.
See "alteration."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
For the purposes of this chapter, wells and septic systems shall not
be considered structures and shall not be subject to minimum zoning
setback requirements.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground.
Anything constructed that is not permanently affixed to the
ground but is designed to be moved from place to place.
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. (See Chapter 98, Subdivision and Land Development, for details.)
Chapter 98, Subdivision and Land Development, as amended.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
[Added 3-16-2021 by Ord.
No. 2021-02]
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater;
Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment, provided however that this limitation
does not apply to any modification that is noncompliant only in a
manner that would not exceed the thresholds identified in 47 CFR 1.40001(b)(7)(i)
through (iv).
The Board of Supervisors of Chestnuthill Township.
A body of water or receptacle for water having a depth at
any point greater than two feet, which is used or intended to be used
for swimming or bathing and constructed or maintained in or above
the ground.
An establishment engaged in any of the following: (Considered
a service establishment for regulation by this chapter.)
The perforation or cutting of any human body part or tissue
and the placement of a foreign object in the perforation to prevent
the perforation from closing, but not including the use of mechanized,
presterilized ear-piercing system that penetrates the outer perimeter
or lobe of the ear.
The placement of indelible pigment, inks, or scarification beneath
the skin by use of needles for the purpose of adornment or art. This
does not include the practice of permanent makeup and micropigmentation
when such procedures are performed as incidental services in a medical
office or in a personal services establishment such as a hair or nail
salon.
The cutting or tearing of human skin for the purpose of creating
a permanent mark or design on the skin.
The use of heat, cold, or any chemical compound to imprint permanent
markings on human skin by any means other than tattooing.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and where the sale of food
may also occur. Considered a restaurant for regulation
by this chapter.
A building erected on a lot for temporary use in conjunction
with construction on that lot.
The visual and tactile quality of a surface apart from its
color and form. A building texture refers to the variations in exterior
facade and may be described in terms of roughness of the surface material,
the patterns inherent in the material or the patterns in which the
material is placed.
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use where patrons are seated in the building, but not including
an adult movie theater.
An area of land which may include accessory uses such as
the sale of snacks and which is devoted to the showing of motion pictures
which are viewed by persons in vehicles.
The storage of more than 150 used tires on a lot. See "outdoor storage" in § 119-41.
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
[Added 3-16-2021 by Ord.
No. 2021-02]
The Township of Chestnuthill, Monroe County, Pennsylvania.
Any building, structure, service or use under the jurisdiction
of Chestnuthill Township, Monroe County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for Chestnuthill Township.
See "lot."
The tract area remaining when the specified constrained land
has been deducted from the gross tract acreage. ATA is used to calculate
both density and open space.
See "lot area, gross."
[Amended 7-16-2019 by Ord. No. 2019-01]
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and that does not primarily
provide state-required education to persons under age 16.
A person involved with building trades, such as, but not
limited to, plumbing, electrical work, building construction, building
remodeling, and roofing.
The attaching of development rights to specified lands which are desired by the Township to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more-intensive development is deemed to be appropriate. See § 119-34.
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Occupancy, use or possession of a dwelling unit by persons
other than the owner(s) or tenant(s) with a lease for 30 consecutive
days or more, of that dwelling unit, and/or the family of such owner(s)
or tenants, for a period of less than 30 consecutive days; but excluding
temporary stays by unrelated individuals who are guests of such owners/tenants
or the family of such owners/tenants, without the payment of any type
of compensation or other remuneration.
[Added 7-16-2019 by Ord.
No. 2019-01]
Any building, premises, or land in which or upon which a
business or service involving the maintenance, servicing, storage,
or repair of automobiles, trucks, recreational and other vehicles
is conducted or rendered as a service to travelers, including the
dispensing of motor fuel or other petroleum products directly into
motor vehicles and the sale of accessories or equipment for trucks
and similar commercial vehicles, and which may include overnight accommodations
and restaurant facilities.
A single or one-way motor vehicle movement either to or from
a subject property or study area.
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The measure of the number of vehicles or passenger movements
that are or will be made between geographic areas.
The total of single or one-direction vehicle movements entering
and leaving a specified land use or site over a designated period
of time.
The total number of vehicle trip ends produced by a specific
land use or activity.
See "travel plaza."
See "distribution center/truck terminal."
Any building or premises or portions thereof used for commercial
purposes for washing any vehicle with more than two axles, or more
than four tires, or with a trailer.
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker. This term shall not apply to vehicles
(such as licensed antique cars) for which state regulations do not
require an inspection sticker. The term also shall not include motor
vehicles displaying a license and inspection stickers that have each
expired less than 90 days previously. See also "abandoned or junk
vehicle."
The specific purpose for which land or a building is designed,
arranged, intended, or for which land is or may be occupied or maintained.
See "public utility."
See "short-term rental."
[Added 7-16-2019 by Ord.
No. 2019-01]
Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code. See § 119-12.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway or upon any land,
including, but not limited to, automobiles, trucks, vans, buses, utility
trailers, tractors, truck tractors, recreational vehicles, motor homes,
travel trailers, motorcycles, snowmobiles, machinery, trailers, farm
machinery and implements, and other wheeled equipment; boats; and
aircraft.
An establishment which rents vehicles and/or equipment to
the general public, and which may or may not include the repair of
the vehicles and equipment which is for rent. Equipment rental operations
conducted entirely within an enclosed building shall be considered
a retail business for regulation by this chapter.
An establishment engaged in the service and/or repair of
any motor vehicle as its principal use, including, but not limited
to, auto body shops, repair garages, truck repair garages and agriculture
equipment repair.
The use of any building, land area or other premises for
the display and sale of new and used automobiles of operable condition;
panel trucks or vans; mobile homes or trailers; manufactured homes;
recreation vehicles; or farm or construction equipment; or other vehicles,
including any warranty repair work and other repair service as an
accessory use. No business or facility which generates less than 50%
of its gross sales from the actual sale of new or used vehicles or
equipment of the type herein described (excluding parts and repairs)
shall be considered a vehicle and equipment sales operation.
An isolated, contained depression that holds water for at
least two months in the spring or summer, critical to several amphibian,
reptile and invertebrate species, which also provides important storage
for stormwater runoff and spring snow melt that would otherwise contribute
to downstream flooding.
A place where animals or pets are given medical or surgical
treatment and the keeping of animals is limited to short-term care
incidental to the clinic use, and no outdoor kennels, pens or paddocks
are on the premises.
A place where animals or pets are given medical or surgical
treatment and the keeping of animals is limited to short-term care
incidental to the clinic use, with outdoor kennels, pens or paddocks
on the premises.
Visible transmittance.
See "fence or wall."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail sales or a truck terminal.
Any natural or man-made freshwater pond, lake or stream.
This shall not include any pond or facility designed and constructed
solely to contain stormwater.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
Any use which involves the pumping or removal of water from
groundwater sources, with or without bottling, for retail or wholesale
sale. Considered industry for the purposes of regulation
by this chapter.
A drinking water supply system in which drinking water is
carried to individual lots or dwelling units by a system of pipes
from a central source not located on any of the served lots and which
may be publicly or privately owned and operated.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on adjacent conservation
land via a use and access easement.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on the same lot.
A facility, immediately adjacent to a water body or stream,
that typically contains a submerged suction line, pumps, water main,
multiple hydrants, truck loading and staging area, and water storage
tanks, and which stores water on a temporary basis that is intended
to be transported by vehicle to another site.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 3-16-2021 by Ord.
No. 2021-02]
Those areas that are inundated or 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, fens, and similar areas, and which are defined
as such by the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands.
Establishments or places of business with no onsite manufacturing,
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 species of animal whose natural or usual habitat within
Pennsylvania is either in the wild or in a zoo, as opposed to a domesticated
environment, regardless of whether such animal poses an actual or
apparent threat to persons, other animals or property.
A facility where one or more wind turbines and other accessory
structures and buildings, including substations, meteorological towers,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities, are located and are used for the generation
of electricity which is used onsite for commercial purposes or which
is sold on the open market. A wind turbine accessory to a principal
structure which is sized and intended to be used to generate electricity
primarily for the principal structure to which it is accessory shall
not be considered a wind energy facility, commercial.
The propeller or blades, plus the hub to which the propeller
or blades are attached, that are used to capture wind for the purpose
of energy conversion. The wind rotor is mounted on a pole, tower or
other structural support system along with other generating, electrical
and accessory equipment to form a wind energy conversion system.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any, and
which is sized and intended to be used to generate electricity primarily
for the principal structure to which it is accessory.
An establishment with facilities for fermenting and bottling
wine which does not meet the definition of a "winery, farm." Considered agricultural products processing for regulation by this
chapter.
An establishment located on a farm with a producing vineyard,
orchard, or similar growing area and producing wine on the premises
from grapes or other fruit grown primarily on the premises. It may
include tasting of wine produced on the premises and retail sales
of wine-related items and gifts, books, souvenirs, specialty items
relating to history, original and handmade arts and products, collectibles,
crafts, and floral arrangements.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 3-16-2021 by Ord.
No. 2021-02]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way or other Township-owned land or property.
[Added 3-16-2021 by Ord.
No. 2021-02]
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
[Added 3-16-2021 by Ord.
No. 2021-02]
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Added 3-16-2021 by Ord.
No. 2021-02]
The importing of trees or other wood from any property to
any other property for producing wood chips. This may include the
storage of the cut trees and wood chips, and customers on the site
to purchase wood chips, but no other retail sales. This shall not
include the cutting by a property owner of trees growing on his property
for wood chip production or the temporary production of wood chips
accessory to a timber harvest. Considered agricultural products
processing for regulation by this chapter.
The area between the principal structure(s) and the adjoining
lot line or right-of-way. (See also "setback.")
A sale, open to the public, of new, used or previously owned personal property, including, but not limited to, goods, wares, merchandise and clothing, held on vacant property or on the lawn, yard, porch, patio or in the garage or residence, or in the principal building or outbuilding, of the person who is conducting the sale. The buying and selling of new or used items or surplus material shall be considered a commercial operation and shall be prohibited, except as otherwise permitted and regulated by this chapter. See § 119-41.
The Zoning Hearing Board of Chestnuthill Township.
The Official Zoning Map of Chestnuthill Township.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
The Chestnuthill Township Zoning Ordinance, as amended.
See "permit."
A collection of animals which are maintained in a park by
an educational, nonprofit or governmental entity.
[1]
Editor's Note: The former definitions of "commercial communication
antenna," "commercial communication device support structure," and
"commercial communication device support structure height," which
immediately followed this definition, were repealed 3-16-2021 by Ord.
No. 2021-02.
[2]
Editor's Note: See 53 P.S. § 10603.
[3]
Editor's Note: The former definition of "detached structure,"
which immediately followed this definition, was repealed 4-23-2015
by Ord. No. 2015-04.
[4]
Editor's Note: The former definition of "frontage" which immediately
followed this definition, was repealed 4-23-2015 by Ord. No. 2015-04.
[5]
Editor’s Note: See “lot, reverse-frontage”
for the flag lot diagram.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 53 P.S. § 10107.
[8]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[11]
Editor's Note: See 53 P.S. § 10101 et seq.
[12]
Editor's Note: See 65 Pa. C.S.A. § 701 et seq.
[14]
Editor's Note: See 35 P.S. § 750.1 et seq.
[15]
Editor's Note: The former definition of "solar energy storage
facility," which immediately followed this definition, was repealed 10-17-2023 by Ord. No.
2023-01.
[16]
Editor's Note: See 53 P.S. § 10603.
