[Ord. 2-80, 11/17/1980, § 1400]
For the purpose of this chapter, the terms and words herein
shall be interpreted as follows unless otherwise expressly stated:
1.Â
Words in the present tense shall include the future tense.
2.Â
The words "person," "owner," or "developer" includes a profit or
nonprofit corporation, company, partnership, association or individual.
3.Â
Words used in the singular shall include the plural; words used in
the plural shall include the singular.
4.Â
The words "used" or "occupied" as applied to any land or building
include the words "intended," "arranged" or "designed to be used or
occupied."
5.Â
The word "lot" includes the words "plot" or "parcel."
6.Â
The words "shall" and "will" are always mandatory.
7.Â
The word "may" is permissive.
[Ord. 2-80, 11/17/1980, § 1401; as amended by Ord.
3-89, 11/6/1989, § 2; by Ord. 91-4, 9/3/1991; and by Ord.
4-95, 9/5/1995]
Unless otherwise expressly stated, for the purposes of this
chapter, the following words, terms and phrases shall have the meaning
herein indicated.
A subordinate building or portion of the main building on
a lot, the use of which is customarily incidental to that of the main
or principal building.
A use on the same lot with, and of a nature customarily incidental
and subordinate to the principal use; and not occupying more than
40% of the net floor area of any one floor in the principal structure
or not more than 10% of the lot area.
As applied to a building, means a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing height, or the moving
from one location or position to another. Structural alterations shall
include any change in the supporting members of a building, such as
bearing walls, columns, beams or girders.
A building used for the treatment, housing or boarding of
small domestic animals such as dogs, cats, rabbits, and birds or fowl
by a veterinarian.
Any structure, mast, pole, tripod or tower utilized for supporting
an antenna or antennas for the purpose of transmission or reception
of electromagnetic waves or which in itself is the antenna.
Any arrangement of metal or device, used in the sending and/or
receiving of electromagnetic waves to or from the atmosphere.
The overall vertical length of the antenna support structure,
above grade or ground (measured between the highest point of the antenna
support structure and the natural grade directly below this point),
or if such system is mounted on a building, then the overall vertical
length includes the height of the building upon which the antenna
support structure is mounted.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final
required to be filed and approved prior to start of construction or
development including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, patios, terraces and steps.
The area of a horizontal plane bounded by the front, rear
and side lines.
The number of dwelling units per acre in a planned residential
development, computed by dividing the number of dwelling units which
the applicant proposes to construct by the number of acres in the
development which are planned to be devoted to residential and open
space use. If the developer dedicates land for sites for schools or
other public facilities, such land shall be included in the total
land area used in computing maximum permissible average gross density.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
Any dwelling in which more than three persons either individually
or as families are housed or lodged for hire with or without meals.
A rooming house or a furnished room house shall be deemed a boarding
house.
Any structure built for support, shelter or enclosure of
persons, animals or chattels of any kind and which is permanently
affixed to the land.
An imaginary line located on the lot at a fixed distance
from the road right-of-way line and interpreted as being the nearest
point that a building may be constructed to the road right-of-way.
The building line shall limit the location of porches and similar
construction, uncovered steps and patios excepted, to the face of
this line.
A building in which is conducted the principal use of the
lot on which it is located.
Any park, tourist park, tourist court, camp, campsite, court,
site, lot, parcel or tract of land upon which one or more camps, cottages
or cabins are located or where the land is maintained to accommodate
tents, trailers or trailer coaches and where the land is maintained
for the accommodation of transients by the day, week or month whether
a charge is made or not. The campground shall include all buildings
used or intended for use as part of the equipment thereof, whether
a charge is made for the use of the campground and its facilities
or not.
The triangle area formed by two intersecting road center
lines and a line interconnecting points established on each center
line, 100 feet from their point of intersection. This entire area
is to remain clear of obstructions to sight above a plain established
3Â 1/2 feet in elevation from grade level at the intersection
of the road center line.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
The Comprehensive Plan of the Township of Richmond, Tioga
County, Pennsylvania, as amended.
A use permitted in a particular zoning district by the Board
of Supervisors pursuant to the provisions of this chapter and Article
VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601
et seq.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or 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 the court of
common pleas of the county and judicial district wherein the Township
of Richmond lies.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Board of Supervisors;
The Zoning Hearing Board; or,
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A lot or land, or part thereof, used primarily for the disposal
by abandonment, dumping, burial, burning or other means and for whatever
purpose, of garbage, sewage, trash, refuse, junk, discarded machinery,
vehicles or part thereof or waste material of any kind.
A building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "multiple
dwelling," "two-family dwelling,: or "dwelling group" shall not be
deemed to include a rooming house, tourist home, hotel or motel.
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A dwelling unit accommodating a single family and having two
side yards, including mobile homes.
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Two dwelling units accommodating two families which are attached
side by side through the use of a party wall, and having one side
yard adjacent to each dwelling unit.
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Two dwelling units accommodating two families which are located
one over the other, and having two side yards.
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Four dwelling units accommodating four families, two units of
which are located directly over the other two units. A combination
of both the single-family semi-detached and the two-family detached
structures.
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Three or more dwelling units accommodating three or more families
which are attached side by side through the use of common party walls
and which may have side yards adjacent to each end unit. Each dwelling
unit is generally two stories in height, but may conceivably be either
one story or three stories in height.
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Three or more dwelling units accommodating three or more families
which are located one over the other and which, when more than three
units are utilized, are attached side by side through the use of common
party walls, and which may have side yards adjacent to each first
story end unit. Each dwelling unit being accessible by a common stairwell.
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Any building or portion thereof which is designed and used
exclusively for residential purposes of one family and includes complete
kitchen and bathroom facilities.
A plant used for the generation of electric power from fossil
fuels such as coal, oil and gas, or renewable resources such as hydro,
solar, geothermal and wind.
[Added by Ord. 01-2017, 12/5/2017]
The construction, alteration or maintenance by public utilities
or municipal departments or commissions of underground or overhead
gas, cable TV, electrical, telephone transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, towers, fire alarm boxes, traffic signals, hydrants and similar
equipment and accessories in connection therewith, but not including
buildings, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal departments or commissions or
for the public health or safety or general welfare.
One or more persons who live together in one dwelling unit
and maintain a common household. May consist of a single person or
of two or more persons, related by blood, marriage or adoption or
no more than six not related by blood, marriage or adoption. May also
include domestic servants and gratuitous guests.
Any parcel of land containing 10 or more acres, which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes the raising of fur bearing animals, riding academies, livery
or boarding stables and dog kennels.
An enclosed or covered space for the storage of one or more
motor vehicles; provided, that no business, occupation or service
is conducted for profit therein nor space therein for more than one
car is leased to a nonresident of the premises.
The Board of Township Supervisors.
Any use customarily conducted entirely within a dwelling
or in a building accessory thereto and carried on by the inhabitants
residing therein; providing, that the use is clearly incidental and
secondary to the use of the dwelling for dwelling purposes, the exterior
appearance of the structure or premises is constructed and maintained
as a residential dwelling, and no goods are publicly displayed on
the premises other than signs as provided herein.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or,
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features;
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single family detached dwelling
or single family semi-detached 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 building,
on a lot or lots subordinate to an existing principal building; or,
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the 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 proper authorities.
The legal or beneficial owner or owners of land, 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 the land.
The dividing line between the road right-of-way and the lot.
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings, for the temporary stopping
of commercial vehicles while loading or unloading merchandise or materials
and which abuts upon an alley, street or other appropriate means of
access.
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 average horizontal distance between the front lot lines
and the rear lot line.
The lines bounding a lot.
The average horizontal distance between the side lot lines,
measured parallel to the front lot line.
In addition to those repairs and services listed above as
"minor repair," any general repair, rebuilding or reconditioning not
listed above; collision service, including body, frame or fender straightening
or repair; painting or paint shop; mechanical car wash establishments;
but not including any operations which require the heating or burning
of rubber.
A transportable, single family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
An electrical generating facility which uses or burns natural
gas as the primary fuel to generate electricity.
[Added by Ord. 01-2017, 12/5/2017]
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
An unoccupied space on the same lot with the building.
The duly authorized agent, attorney, purchaser, devisee,
fiduciary or any person having vested or equitable interest in the
lot in question.
An off-street space measuring not less than 10 feet by 20
feet, whether inside or outside of a structure, for the temporary
standing of automotive vehicles to be used exclusively as a parking
stall for one automotive vehicle. Such space shall be exclusive of
all area necessary to gain access to said parking space including
towing areas, access aisles, fire lines, and access drives within
the road right-of-way.
A small manufactured home, not allowed as an RV or camper.
[Added by Ord. 01-2018, 2/6/2018]
An unroofed structure projecting from the front, side, or
rear wall of a building. For the purpose of this chapter, a patio
is not considered a part of the principal building and is permitted
to extend into any required yard.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
A map, plan, or layout, whether preliminary or final, showing the subdivision of land into lots, blocks, streets or other information in compliance with the subdivision and land development regulations. [Chapter 22].
A roofed-over structure projecting from the front, side or
rear wall of a building. For the purpose of this chapter, a porch
is considered a part of the principal building and is not permitted
to extend into any required yard.
Any lot, parcel or tract of land, and any building constructed
thereon.
The major dominant use of the lot on which it is located.
An individual on-lot sewerage system (i.e. individual package
plant or septic system).
An individual on-lot water supply.
Includes:
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. §§ 271
et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township of Richmond.
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.
Land reserved for use as a street, alley, interior walk or
for other public purpose.
Used in terms of being available to the lots within the subdivision
on a joint basis from off-lot sources.
Used in terms of being available to the lots within the subdivision
on a joint basis from off-lot sources.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
(See STREET).
A lot or parcel or part thereof used primarily for the disposal
of garbage, refuse and other discarded materials including, but not
limited to, solid and liquid waste materials resulting from industrial,
commercial, agricultural and residential activities. The operation
of a sanitary landfill normally consists of (a) depositing the discarded
material in a planned controlled manner, (b) compacting the discarded
material in thin layers to reduce its volume, (c) covering the discarded
material with a layer of earth, and (d) compacting the earth cover.
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
A geographical area or tract which is part of a planned residential
development which will be developed according to a timetable for development
over a period of years included by the applicant in the development
plan.
A building or place of business where gasoline, oil and grease,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade at retail and where the following
services may be rendered:
MINOR REPAIR:
Sale and servicing of spark plugs and batteries.
Tire repair and servicing, but no recapping.
Replacement of mufflers and tailpipes, water hose, fan belts,
brake and transmission fluids, light bulbs, floor mats, seat covers
(where this shall not be the principal use), windshield wipers, grease
retainers and wheel bearings.
Radiator cleaning and flushing.
Washing and polishing, but not including mechanical and/or automatic
car wash establishments.
Greasing and lubrication.
Installation of fuel pumps and fuel lines.
Minor servicing and replacement of carburetors.
Emergency wiring repairs.
Adjustment and installation of brakes.
Tuning engines, except for grinding valves, cleaning carbon
or removing the head of engines and/or crankcases.
Any similar minor repair or service not listed below under "major
repair."
See "Essential Service Installation."
Measured distance from edge of road right-of-way.
Any surface, fabric, device or structure bearing lettered,
pictorial or sculptured matter intended, designed or used to convey
information visually and exposed to public view, which directs attention
to an object, product, place, activity, person, institution, organization,
or business. The term "sign" does not apply to a flag, emblem or insignia
of a nation, political unit, school or religious group.
A written exclusion from the standard regulations of this
chapter due to mitigating circumstances, subject to the written approval
of the Zoning Hearing Board.
A section or sections of which an applicant proposed to commence
development at a given time, as part of a timetable for development
of a planned residential development over a period of years.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A small, transportable, manufactured home, of no more than
400 square feet, not allowed as an RV or camper.
[Added by Ord. 01-2018, 2/6/2018]
An area of land identified as a single plot having its own
separate deed description on record at the County Registrar and Recorder's
Office.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
The occupancy of a building or of a lot for more than one
use, such as: both a business and a residential use, both an industrial
and a residential use, etc.
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Township.
A space on the same lot with a building or structure.
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A seeded or landscaped lot with a main building extending the
full width of the lot and situated between the street right-of-way
line and the front line of the building projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front line of the building and the street right-of-way line. Covered
porches, whether enclosed or unenclosed, shall be considered as part
of the main building and shall not project into a required front yard.
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With on-lot sewer and water, single-family dwellings, accessory
building, 10 feet.
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A seeded or landscaped lot with a main building, extending the
full width of the lot and situated between the rear line of the lot
and the rear line of the building projected to the side lines of the
lot and the rear line of the building. A building shall not extend
into the required rear yard.
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A seeded or landscaped space on the same lot with the building,
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line. A building shall not
extend into the required side yard.
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The Zoning Hearing Board of Richmond Township as duly constituted
by and established pursuant to this chapter.
The individual authorized by the Richmond Township Supervisors
to be the administrator of the daily application of the provisions
contained in this chapter.
A statement signed by the Zoning Officer indicating that
the application for permission to construct, alter or add is approved
and in accordance with the requirements of the terms of this chapter.
