Township of Richmond, PA
Tioga County
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[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:
Words in the present tense shall include the future tense.
The words "person," "owner," or "developer" includes a profit or nonprofit corporation, company, partnership, association or individual.
Words used in the singular shall include the plural; words used in the plural shall include the singular.
The words "used" or "occupied" as applied to any land or building include the words "intended," "arranged" or "designed to be used or occupied."
The word "lot" includes the words "plot" or "parcel."
The words "shall" and "will" are always mandatory.
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 3 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.
A dwelling unit accommodating a single family and having two side yards, including mobile homes.
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.
Two dwelling units accommodating two families which are located one over the other, and having two side yards.
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.
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.
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.
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.
Parks, playgrounds, trails, paths and other recreational areas and other public areas;
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and,
Publicly owned or operated scenic and historic sites.
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.
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:
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.
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.
With on-lot sewer and water, single-family dwellings, accessory building, 10 feet.
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.
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.
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.