As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONMENT
The relinquishment of property, or a cessation of the use
of the property, by the owner with the intention neither of transferring
rights to the property of another owner nor of resuming the use of
the property.
ABUT or ABUTTING
Areas of contiguous lots that share a common lot line, not
including lots entirely separated by a street, open to traffic or
a perennial waterway.
ACCESS DRIVE
A way or means of approach to provide vehicular access to
a property.
ACCESSORY BUILDING
A.
A building that is subordinate to and detached from the principal
building, is on the same lot as the principal building, and is used
for purposes that are customarily incidental to the principal building.
B.
An accessory building may not be used as a dwelling.
C.
Mobile homes, buses, recreational vehicles or trailers, campers,
trucks or truck trailers shall not be considered as accessory buildings,
regardless of whether they retain wheels or axles, or whether they
are considered immobile.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use, building or structure located on the same lot with the principal
building or structure.
ACRE
A measure of land area containing 43,560 square feet.
ADDITION
Any construction which increases the size of a building,
such as a porch, attached garage or carport, or a new room or wing.
ADULT-RELATED USE
An establishment that offers for sale or rent books, magazines,
periodicals, films or audio/video materials that are characterized
by an emphasis upon sexual conduct or sexually explicit nudity. This
term also includes establishments presenting motion picture film,
audio/video materials, or live performances which are characterized
by sexual conduct or sexually explicit nudity.
AGRICULTURAL MARKET
Any fixed or mobile retail food establishment which is engaged
primarily in the sale of raw agricultural products, but may include
as accessory to the principal use, the sale of factory-sealed or prepackaged
food products that normally do not require refrigeration.
AGRICULTURAL OPERATION
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.
AGRICULTURE
The use of land which shall include, but not be limited to,
the tilling of the soil, the raising of crops, horticulture, apiculture,
floriculture, viticulture and gardening. The production, keeping or
maintenance, for sale, lease or personal use, of plants and animals
useful to man, including but not limited to: forages and sod crops;
grains and seed crops; dairy animals and dairy products, poultry and
poultry products; livestock, including beef cattle, sheep, swine,
horses, ponies, mules, or goats, or any mutations or hybrids thereof,
including the breeding and grazing of any or all of such animals;
bees and apiary products; fur animals; trees and forest products;
fruits of all kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; or lands devoted
to a soil conservation or forestry management program.
AGRICULTURE, INTENSIVE (INTENSIVE AGRICULTURAL USE)
Intensive agricultural uses include but are not limited to:
B.
Areas for processing of manure;
C.
Concentrated animal feeding operations, as defined herein; and
D.
Concentrated animal operations, as defined herein:
(1)
CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO)Federal regulations define a CAFO as an animal feeding operation that: (a) confines more than 1,000 animal units (AU); or (b) confines between 301 to 1,000 AU and discharges pollutants into waters of the United States through a man-made ditch, flushing system or similar man-made device, or directly into waters of the United States that originate outside of and pass over, across or through the facility or otherwise come into direct contact with the animals confined in the operation (1 AU = 1,000 lbs.). Animal quantities equivalent to 1,000 AU are 1,000 slaughter and feeder cattle; 700 mature dairy cattle; 2,500 swine each weighing more than 25 kilograms (55 pounds); 30,000 laying hens or broilers (if a facility uses a liquid manure system); and 125,000 broilers or 82,000 laying hens (if a facility uses something other than a liquid manure system).
(2)
CONCENTRATED ANIMAL OPERATIONS (CAO)An agricultural operation where the animal density of all livestock and fowl on the farm exceeds two animal units (2,000 lbs.) per acre of crop, hay, and pasture land. An operation with less than eight animal units shall not be considered a CAO, regardless of the animal density. Animal units shall be calculated using the Standard Animal Weights listed in Pennsylvania Act 38 Nutrient Management Program Technical Manual, by the Pennsylvania State Conservation Commission.
AGRITOURISM ENTERPRISE
An accessory use to an agricultural operation at which activities
are offered to the public or to invited groups for the purpose of
recreation, entertainment, education or active involvement in the
agricultural operation. These activities must be related to agricultural
or natural resources and incidental to the primary operation on the
site. These activities may include a fee for participants. Examples
include but are not limited to hay rides, corn mazes, farm tours,
rodeo, educational exhibits, agriculturally related events, recreation-related
tours and activities, etc.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALTERATIONS
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.
AMENDMENT
A change in use in any district or change in zoning district,
which includes revisions to the zoning text and/or the Official Zoning
Map.
ANIMAL FEEDING OPERATION (AFO)
Federal regulations define an AFO as a facility where animals
have been, are/or will be stabled or confined and fed or maintained
for a total of 45 days or more in any twelve-month period, and where
crops, vegetation, forage growth, or post-harvest residues are not
sustained in the normal growing season over any portion of the lot
or facility.
ANIMAL HOSPITAL
A building used for the treatment, including incidental housing
or boarding, of domestic animals by a veterinarian.
ANIMAL HUSBANDRY
The care, raising, and keeping of livestock (animals such
as cattle, sheep and swine) and poultry with the intent of producing
capital gain or profit or the intent of selling any livestock or poultry
products, provided that the keeping of livestock or poultry as farm
pets or for domestic purposes pursuant to the regulations of this
chapter shall not be construed as animal husbandry.
ANIMAL WASTE (MANURE) STORAGE FACILITIES
A detached structure or other improvement built to store
manure for future use or disposal. Types of storage facilities are
as follows: underground storage, in-ground storage, trench silo, earthen
bank, stacking area, and aboveground storage.
APARTMENT
A structure containing three or more dwelling units, excluding
townhouses.
APARTMENT, CONVERSION
A multifamily dwelling constructed by converting an existing
dwelling into apartments for two or more families without substantially
altering the exterior of the building.
APPLICANT
A landowner or developer (as herein defined) who has filed
an application for development, including his personal representatives,
heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary 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
or for the approval of a subdivision plat or plan or for approval
of a land development plan.
AREA, BUILDING
The total of area, in square feet, of all floors, excluding
basement, of the principal building and all accessory buildings, exclusive
of uncovered porches, terraces, and steps.
AREA, GROSS
The total lot area, including public right-of-way.
AREA, LOT
The area contained within the property lines of a lot as
shown on a subdivision plan, excluding any area within a street right-of-way,
but including the area of any easement.
ASSISTED-LIVING FACILITY
Coordinated and centrally managed 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.
AUTHORITY
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 162), as amended, known as the "Municipalities
Authorities Act of 1945."
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES
An area, other than a street, used for the outdoor or indoor
display, sale or rental of two or more of the following in operable
condition: motor vehicles, recreation vehicles, boat trailers, farm
machinery, motorcycles, trucks, utility trailers, construction vehicles,
boats, or transportable mobile/manufactured homes in a livable condition.
This use may include an auto repair garage as an accessory use, provided
that all requirements of such use are complied with. This use shall
not include a mobile/manufactured home park (unless the requirements
for that use are also met) or a junkyard.
BASE FLOOD ELEVATION
The elevation above sea level, based on the vertical datum
in the current Flood Insurance Rate Maps for North Newton Township
of the one-hundred-year flood.
BASEMENT
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet.
BED-AND-BREAKFAST INN
A residence where not more than 10 guest rooms are rented
to not more than 20 overnight guests on a daily basis.
BERM
A mound of soil, either natural or man-made, used to obstruct
views.
BLOCK
An area usually bounded on all sides by streets or other
transportation routes such as railroad lines, or by physical barriers
such as water bodies or public open space, and not traversed by a
through street.
BUFFER YARD
A strip of land which is planted and maintained in shrub,
bushes, trees, grass or other landscaping material and intended to
provide an area of separation between different districts or uses.
BUILDABLE AREA
The portion of a development where building construction
is permitted. This area excludes floodplains, wetlands, streets, rights-of-way,
utility easements, areas with greater than 25% slope, and stormwater
management facilities.
[Added 7-11-2023 by Ord. No. 2023-05]
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any persons,
animals, or property, and including covered porches or bay windows,
and chimneys. The term is inclusive of any part thereof.
BUILDING COVERAGE
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory buildings on a lot to the total gross lot area.
BUILDING HEIGHT
The vertical distance from the average finished grade, in
front of the building where the address is taken, to the top of the
highest roof beams on a flat or shed roof, the deck level on a mansard
roof, and the average distance between the eaves and the ridge level
for gable, hip, and gambrel roofs (BOCA National Building Code, slightly
modified).
BUILDING PERMIT
A permit issued for authorizing construction of structures
not requiring inspection under the Uniform Construction Code.
BUILDING, PRINCIPAL
A building in which is conducted the primary use of the lot
on which it is located, and which is not an accessory building.
BUILDING SETBACK LINE
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way,
and the line defining side and rear yards, where required. It shall
be a straight line parallel to the front, side or rear property line
of rectilinear lots. On a curvilinear lot, the building setback line
shall be radial to the arc. On a panhandle or flag lot, the building
setback line shall be measured from the point where the "panhandle"
joins the interior portion of the lot.
BULK RECYCLING CENTER
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a "junkyard."
BUSINESS SERVICES
Those activities limited to the service and repair of furniture,
office equipment, medical supplies and equipment and commercial appliances;
the supply and servicing of vending machines; frozen food lockers;
the painting and assembly of signs; printing, copy and photocopying
services; arts, crafts, drafting and stationery supplies; food catering;
interior decorating; taxidermy; upholstering and personal dry-cleaning
services. Uses which shall not be interpreted to be business service
establishments are retail shops and stores; gasoline and motor vehicle
stations; vehicular sales, service and repair; mortuaries; warehouses
and distribution facilities; and contractor's offices.
CALIPER, TREE
The diameter of a tree trunk measured in inches six inches
above ground level for trees up to four inches in diameter and 12
inches above ground level for trees over four inches in diameter.
CAMP or CAMPGROUND
A state-permitted facility, through the Pennsylvania Department
of Health, in which a portion of land is used for the purpose of providing
a space for trailers or tents for camping purposes, regardless of
whether a fee has been charged for the leasing, renting or occupancy
of the space, in accordance with the Pennsylvania Code, Title 28,
Chapter 19. The campground may be an organized camp which includes
a combination of programs and facilities established for the primary
purpose of providing an outdoor group living experience for children,
youth and adults with social, recreational, and educational objectives
and operated and used for five or more consecutive days during one
or more seasons a year.
CAR WASH
A building on a lot designed and used primarily for the washing
and polishing of automobiles and which may provide accessory services.
CARPORT
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides, and accessory
to a main or accessory building.
CARTWAY
That portion of a street or alley which is improved, designed,
or intended for vehicular use, excluding the shoulders.
CELLAR
A space with less than half of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6 1/2 feet.
CEMETERY
A parcel of land used as a burial ground for human or animal
remains.
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by a duly authorized Township officer
which permits the use of a building in accordance with the approved
plans and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the land and structure in its
several parts, together with any special stipulations or conditions
of the building permit.
CHANGE OF USE
Any use that substantially differs from the previous use
of a building or land.
CHURCH
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the center lines. Within this clear sight triangle, nothing is
to be erected, placed, planted or allowed to grow in such a manner
as to limit or obstruct the sight distance of motorists entering or
leaving the intersection.
CLUSTER SUBDIVISION
A form of development that permits a reduction in lot area
and bulk requirements, provided that unless otherwise authorized,
there is no increase in the number of lots permitted under a conventional
subdivision or increase in the overall density of development for
the respective zoning district, and the remaining land area is devoted
to open space, active or passive recreation, preservation of environmentally
sensitive areas, or agriculture.
COMMERCIAL GREENHOUSE
A building in which plants, vegetables, flowers, and similar
materials are grown for sale.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development plan, designed and intended
for the use or enjoyment of residents of the development plan and,
where designed, the community at large. Common open space does not
include rights-of-way, off-street parking areas, and areas set aside
for public facilities.
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including, without limitation,
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private-residence-mounted satellite dishes or television
antennas or amateur radio equipment, including, without limitation,
ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antenna.
COMMUNITY SEWER SYSTEM
Any system, whether publicly or privately owned, for the
collection of sewage, from two or more lots and the treatment and/or
disposal of the sewage on one or more of the lots or at any other
site, and which shall comply with all applicable regulations of the
Pennsylvania Department of Environmental Protection.
COMMUNITY WATER SUPPLY SYSTEM
A public or private utility system designated to transmit
potable water from a common source to multiple users. Such systems
shall be in compliance with the regulations of the Pennsylvania Department
of Environmental Protection, the Public Utilities Commission (PUC)
or the Township, whichever is more stringent.
COMPOSTING
The mixing of decomposing refuse matter for the purpose of
creating fertilizer material.
COMPREHENSIVE PLAN
The official public document prepared in accordance with
the Pennsylvania Municipalities Planning Code, Act of July 31, 1968,
P.L. 805, No. 247, as amended and reenacted, consisting of maps, charts and textual material, that
constitutes decisions about the physical and social development of
North Newton Township, as amended from time to time.
CONDITIONAL USE
A use permitted (and approved by the governing body) in a
particular zoning district upon showing that such use in a specified
location will comply with all the conditions and standards for the
location or operation of the use as specified in the Zoning Ordinance.
CONDOMINIUM
A set of individual dwelling units or other areas of buildings,
each owned by an individual person(s) in fee simple, with such owners
assigned a shared interest in the remainder of the real estate which
is designated for common ownership, and which is created under the
Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned Community Act of 1996, as amended.
CONDOMINIUM ASSOCIATION
The community association that owns, administers and maintains
the common property and common elements of a condominium.
CONSERVATION AREA
Environmentally sensitive areas with characteristics such
as steep slopes, wetlands, floodplains, high water tables, forest
areas, endangered species habitat, dunes, or areas of significant
biological productivity of uniqueness that have been designated for
protection from any activity that would significantly alter their
ecological integrity, balance, or character.
CONVENIENCE STORE
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant. A convenience
store may involve the sale of gasoline.
CUL-DE-SAC
A street intersecting another street at one end terminating
at the other in a vehicular turnaround.
DAY CARE, CHILD
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods of
less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including a "nursery school" or "head start" programs.
DEED RESTRICTION
A restriction on the use of the land set forth in the deed
or instrument of conveyance. Such restriction usually runs with the
land and is binding upon subsequent owners of the property. The governing
body is not responsible for enforcing a deed restriction, unless the
restriction resulted from a condition or stipulation of the subdivision
or land development approval process.
DENSITY
The number of families, individuals, dwelling units, or housing
structures per gross acre of land.
DEP
Pennsylvania Department of Environmental Protection.
DEVELOPER
Any landowner, agent of such landowner or tenant with permission
of such landowner, who makes or causes to be made a subdivision of
land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; filling,
grading and excavation; mining; dredging; drilling operations; storage
of equipment or materials; and the subdivision of land.
DEVELOPMENT PLAN
The provisions for a planned development, including 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.
DISTRIBUTION CENTER
An establishment engaged in the receipt, storage, and distribution
of goods, products, cargo, and materials, including transhipment by
boat, rail, air, or motor vehicle.
DRIVEWAY
A private access for vehicles to a parking space, garage,
dwelling or other structure.
DUPLEX
See "dwelling, single-family, semidetached."
DWELLING, MANUFACTURED HOUSING
Any structure designed primarily for residential occupancy,
which is wholly or in substantial part made, fabricated, formed or
assembled in manufacturing facilities for installation of assembly
and installation on the building site in such a manner that all concealed
parts or processes of manufacture cannot be inspected at the site
without disassembly, damage or destruction.
DWELLING, MULTIFAMILY
A building designed, occupied or used by three or more families
living independently of each other, wherein each dwelling unit or
apartment shall contain private bath and kitchen facilities; including
apartment houses.
DWELLING, SINGLE-FAMILY ATTACHED
A building used by one family and having two party walls
in common with other buildings (such as row house or townhouse), except
that end units have only one party wall.
DWELLING, UNIT
One or more rooms used for living and sleeping purposes and
having a kitchen(s) with fixed cooking facilities, toilet and bathroom
facilities and arranged for occupancy by not more than one family.
EASEMENT
A right granted for the use of private land for certain public,
quasi-public or private purposes; also, the land to which such right
pertains.
EASEMENT, CONSERVATION
A legal agreement granted by a property owner that limits
the types, locations and amounts of development that may take place
on the owner's property. Such easement may restrict the original and
all subsequent property owners, lessees and all other users of the
land.
EASEMENT, DRAINAGE
An easement required for the installation of stormwater sewers
or drainage ditches, and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
EASEMENT, UTILITY
A right-of-way granted for limited use of land for public
or quasi-public purpose.
ECHO HOUSING (ELDER COTTAGE HOUSING OPPORTUNITIES)
Also known as "granny flat" or elder cottage housing. It
permits a family member, related by blood, marriage or adoption, to
live independently but close to relatives on the same lot. The housing
shall be connected to the utility system of the main dwelling unit.
ENGINEER, MUNICIPAL
A registered professional engineer in Pennsylvania designated
by the municipality to perform the duties of engineer as herein specified.
EXISTING USE
An activity or use of land occurring on a lot or parcel as
of the effective date of this chapter.
FACILITY OWNER
The entity or entities having a legal or equitable interest
in the wind energy facility, including the respective successors and
assigns.
FAMILY
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. This definition does not intend to prohibit
group homes and/or community living arrangements that are determined
to be protected by the Federal Fair Housing Law, provided such facilities
are licensed and permitted under the authority of the Department of
Welfare of the Commonwealth of Pennsylvania or other state department
or agency. In determining the functional equivalent of a traditional
family, the following criteria shall be present:
A.
The group shares the entire dwelling unit.
B.
The group lives and cooks together as a single housekeeping
unit.
C.
The group shares expenses for food, rent, utilities or other
household expenses.
D.
The group is permanent and stable, and not transient or temporary
in nature.
E.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
FENCE
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy, or to protect
the property so screened or divided, or to define and mark the property
line. For the purpose of this chapter, a freestanding masonry wall
when so located is considered to be a fence.
FILL
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface. It shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade.
FINISHED GRADE
The elevation of the land surface of a site after completion
of all site preparation work.
FLOOD
A temporary inundation of normally dry land.
FLOOD-FRINGE
Those portions of land within the floodplain subject to inundations
by the one-hundred flood, outside the floodway in areas where detailed
study and profiles are available.
FLOOD, ONE-HUNDRED-YEAR (BASE FLOOD)
A flood which is likely to be equaled or exceeded once every
100 years (i.e., that has a one-percent chance of being equaled or
exceeded in any given year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Natural Resources Conservation Service, the United
States Geological Survey, the Susquehanna River Basin Commission,
the Department of Environmental Protection, or a licensed professional
registered by the Commonwealth of Pennsylvania to perform such a study
as necessary to define this flood.
FLOODPLAIN
A floodplain may be either or a combination of:
A.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse, during a one-hundred-year-design-frequency storm; or
B.
Any area subject to the unusual and rapid accumulation of runoff
or surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. With regard to nonresidential
structures, the term "floodproofing" shall also mean that the structure,
together with attendant utility and sanitary facilities, be designed
so that any space below the regulatory flood elevation is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydromatic loads and effects of buoyancy.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of the one-hundred
year magnitude without increasing the water surface elevation of that
flood more than one foot at any point. The floodway will be as established
by the latest mapping made available by the Federal Emergency Management
Agency or as otherwise adopted by the Township.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors
of a building or structure from the exterior face of exterior walls,
or from the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, HABITABLE
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathroom, closets, nor unheated areas such as enclosed
porches, nor rooms without at least one window or skylight opening
onto an outside yard or court. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of not less than seven
feet and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the
habitable floor area.
FORESTRY (TIMBER HARVESTING)
The management of forests and timberlands, when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve land development.
FUELING STATION
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels; and including
as an accessory use the sale of lubricants, tires, batteries, and
similar vehicle accessories.
GARAGE, PRIVATE
An accessory enclosed or covered space for the storage of
one or more vehicles, provided that no business, occupation, or service
is conducted for profit therein nor space therein.
GLARE
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
GOLF COURSE
Any regulation 18-hole, 9-hole or executive (par 3) golf
course, including any driving ranges, chip-n-putt, or miniature golf
courses.
GREENWAY
A greenway may be any one or combination of the following:
A.
A linear open space established along either a natural corridor,
such as a riverfront, stream valley or ridgeline, or over land along
a railroad right-of-way converted to recreational use, a canal, a
scenic road, or other route;
B.
A natural or landscaped course for pedestrian or bicycle passage;
C.
An open space connector linking parks, natural reserves, cultural
features or historic sites with each other and with populated areas;
and
D.
Strip or linear parks designated as a parkway or greenbelt.
GROSS BUILDING AREA
The total area of a building available for construction or
use, as measured from the exterior walls or the building. Gross building
area should be used in computing all square footage measurements for
buildings as well as dimension requirements.
GROUND CLEARANCE
The minimum distance between the ground and any part of the
wind turbine blade, as measured from the lowest point of the arc of
the blades.
GROUP HOME
A dwelling inhabited by handicapped persons, as identified
and provided for by the Fair Housing Act and this chapter. This definition
does not include persons occupying a hotel, dormitory, lodge, halfway
house, boardinghouse or institution. A group home involves persons
functioning as a common household unit, 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, or mental retardation/developmental disability, or that the
applicant proves to the satisfaction of the Zoning Officer meets the
definition of "handicap," as defined by applicable federal law. (NOTE:
The Federal Fair Housing Act amendments define "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."
This definition was subsequently adjusted by § 512 of the
Americans with Disabilities Act to address certain situations related
to substance abuse treatment.)
HALFWAY HOUSE
A noninstitutional living arrangement with treatment and
support services for persons with substance abuse problems or for
inmates and parolees approaching parole release date or release from
a corrections institution. The halfway house (community corrections
center) operates under the rules and regulations of the Pennsylvania
Department of Health or Department of Corrections or similar authorities.
The residents are provided full-time supervision and counseling on
employment, vocations, finances and community living.
HAZARDOUS MATERIAL
Materials which are classified by the U.S. Environmental
Protection Agency, the Pennsylvania Department of Environmental Protection,
or North Newton Township as having the potential to damage health
or impair safety. Hazardous materials include but are not limited
to inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen,
chromium, phosphorous, selenium, arsenic and their common salts, lead,
coal tar acids, such as phenols and cresols and their salts, petroleum
products, and radioactive material. Also included are floatable materials
with the potential to cause physical damage, such as logs, storage
tanks and large containers, located in flood-prone areas.
HAZARDOUS WASTE
Any substance classified by the U.S. Environmental Protection
Agency, the Pennsylvania Department of Environmental Protection or
the Township as having the potential to damage health or impair safety,
including garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution facility, and other discarded material including solid,
liquid, semisolid, or contained gaseous material resulting from municipal,
commercial, industrial, institutional, mining or agricultural operations,
and from community activities, or any combination of the above, which,
because of its quantity, concentration, or physical, chemical, or
infectious characteristics, may:
A.
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
|
(NOTE: "Hazardous waste" shall also include any added components
from the Solid Waste Management Act of July 7, 1980, P.L. 380, No.
97, as amended.)
|
HAZARDOUS WASTE FACILITY
Any structure, group of structures, aboveground or underground
storage tanks, or any other area or buildings used for the purpose
of permanently housing or temporarily holding hazardous waste for
the storage or treatment for any time span other than the normal transportation
time through the Township.
HEALTH CARE FACILITY
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including, but not limited to, a general hospital, special hospital,
mental hospital, public health center, diagnostic center, treatment
center, rehabilitation center, extended care facility, skilled nursing
home, nursing home, intermediate care facility, tuberculosis hospital,
chronic disease hospital, maternity hospital, or outpatient clinic.
HEIGHT
The vertical distance of a structure measured from the average
elevation of the finished grade surrounding the structure to the highest
point of the structure.
HELIPORT
An area, either at ground level or elevated on a structure,
licensed by the federal government or an appropriate state agency
and approved for the loading, landing, and takeoff of helicopters,
and including auxiliary facilities such as parking, waiting room,
fueling and maintenance equipment.
HELISTOP
A heliport but without auxiliary facilities such as parking,
waiting room, fueling and maintenance equipment.
HOME OCCUPATION
Any activity carried out for gain by a resident and conducted
as an incidental use in the resident's dwelling unit.
HOMEOWNERS' ASSOCIATION
A community association which is organized in a development
in which individual owners share common interests in open space or
facilities.
HOSPITAL
A building or part thereof used for medical, psychiatric,
obstetrical, or surgical care on a twenty-four-hour basis. The term
"hospital" shall include facilities used for medical research and
training for health care professions, general hospitals, mental hospitals,
tuberculosis hospitals, children's hospitals, and any such other facilities
which provide inpatient care. The term "hospital" shall not include
any facility in which is conducted the housing of the criminally insane
or provides treatment for persons actively charged with or serving
a sentence after being convicted of a felony. A hospital shall be
licensed as such by the Commonwealth of Pennsylvania.
HOTEL
A building designed for occupancy primarily as the temporary
abiding place of individuals who are lodged with or without meals.
A conference/convention center may be part of the hotel.
HUB HEIGHT
The distance measured from the surface of the tower foundation
to the highest point of the wind turbine hub to which the blade is
attached.
IMPERVIOUS MATERIAL (SURFACE)
Any natural or man-made material utilized to cover, pave,
resurface or compact any portion or area of a lot, so as to substantially
reduce or prevent the infiltration of stormwater into the ground beneath
it. It includes surfaces such as compacted clay, any form or mixture
of concrete, asphalt, tar or similar substances, as well as roof areas
of buildings and other structures.
IMPROVEMENTS
Those physical additions, installations and changes required
to render land suitable for the use intended, including, but not limited
to, grading, paving, curbing, streetlights and signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, crosswalks, driveways, culverts, and other public
utilities and street shade trees, and improvements to existing watercourses.
INCIDENTAL BUSINESS
A retail business, personal service, or business service
activity that is secondary to the principal residential use on the
lot and is conducted by the business owner, who resides on the site.
Incidental businesses shall not include vehicle sales, fueling stations,
eating and drinking establishments, liquor stores, and adult-related
uses.
INDUSTRIAL PARK
A tract of land laid out in accordance with an overall plan
for a group or community of industries, including the servicing of
those industries, with separate building designed and arranged to
insure compatibility between the industrial operations in the park
and the surrounding area through such devices as landscaping, architectural
control, setbacks and use requirements.
INOPERABLE MOTOR VEHICLE
A vehicle intended to be self-propelled that shall not be
operable under its own power for any reason, or a vehicle that shall
be without a valid current registration plate or valid current certificate
of inspection, or any vehicle in a major or severe state of disrepair.
JUNK
Any and all forms of waste, scrap, discarded materials or
articles or parts thereof and shall include, but not be limited to,
scrap metal, used, scrapped, or abandoned building materials, inoperable,
scrapped, abandoned or junked motor vehicles or parts thereof, machinery,
appliances, furniture, farm machinery, or other nonfunctional equipment.
JUNKYARD
A lot, land, or structure, or part thereof, used for the
collection, dismantling, storage or salvaging of junk or for the sale
of parts thereof.
KENNEL
A state-licensed facility through the Department of Agriculture,
containing indoor and outdoor housing facilities for the sheltering
of four or more canines in accordance with the Pennsylvania Code,
Title 7, Chapter 21, as amended or revised.
LAND DEVELOPMENT
A.
The improvement of one or more contiguous lots, tracts or parcels
of land for any purpose involving:
(1)
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
(2)
The division or allocation of land 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;
C.
Any improvement(s) since July 2007 that cumulatively create
an area of impervious surface on the parcel of 10,000 square feet
or more.
D.
The following are exempted from the definition of "land development":
(1)
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;
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
(3)
The addition or conversion of a building for rides within the
confines of an enterprise, which would be considered an amusement
park. For the purpose of this subsection, an "amusement park" is defined
as a tract or area used principally as a location for a permanent
amusement structures or rides. This exclusion shall not comply to
newly acquired acreage by an amusement park until initial land for
the expanded area have been approved by the proper authorities.
LAND USE PERMIT
A permit issued for authorizing construction of structures
requiring inspection under the Uniform Construction Code.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), 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.
LANDSCAPE PLAN
A component of a development plan, if required, on which
is shown proposed landscape species (such as number, spacing, size
at time of planting, and planting details); proposals for protection
of existing vegetation during and after construction; proposed treatment
of hard and soft surfaces; proposed decorative features, grade changes,
buffers and screening devices; and any other information that can
reasonably be required in order that an informed decision can be made
by the Township.
LIGHTING
A.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
B.
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
C.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
LIVESTOCK
Any wild or domestic animal of, or related to, the bovine,
equine, swine or sheep family. Includes llamas, alpacas, and similar
animals.
LOADING SPACE
An off-street space on the same lot with a building or contiguous
to a group of buildings, for the temporary parking of a vehicle while
loading or unloading merchandise or materials and which abuts in or
has access to a street.
LONG-TERM-CARE NURSING CENTER
A facility defined and licensed by the Commonwealth of Pennsylvania
Department of Health in accordance with Title 28 of the Pennsylvania
Code, Chapter 201. The facility provides skilled or intermediate nursing
care services 24 hours a day and seven days a week to individuals
who do not require more intensive hospital-based care.
LOT
A designated parcel, tract, plat 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.
A.
LOT AREAThe area contained within the property lines of a lot as shown on a subdivision plan, excluding space within any street right-of-way, but including the area of any easement.
B.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets or private roads.
C.
LOT, FLAG (PANHANDLE)A lot not meeting minimum frontage requirements and where access to the public road is by a fifty-foot-wide strip of land that is a part of the lot but that is not used in determining the applicable minimum lot area requirement. The lot area of a flag lot shall be calculated by using only that portion of the lot that satisfies the minimum lot dimensions.
E.
LOT, MINIMUM WIDTHThe horizontal distance between the side lines of a lot measured at the minimum building setback line. Where there is only one side lot line, lot width shall be measured between such lot line and the opposite lot line or future right-of-way line. The width of a lot on a cul-de-sac is measured as the chord distance length of the minimum building setback line.
F.
LOT, NONCONFORMINGA lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
LOT COVERAGE
A percentage of the lot which has an impervious surface.
LOT FRONTAGE
The length of the front lot line measured at the street right-of-way.
LOT, DEPTH
The horizontal distance measured between the street right-of-way
and the closest rear property line. On a corner and reverse frontage
lot, the depth shall be measured from the street right-of-way line
of the street address to the directly opposite property line.
MANUFACTURING
The processing and/or converting of raw unfinished or finished
materials, or products, or any, or either of them, into an article
or substance of different character, or for use for a different purpose;
industries furnishing labor in the case of manufacturing or the refinishing
of manufactured articles.
MEMBERSHIP CLUB
An area of land or building used by a recreational, civic,
social, fraternal, religious, political, or labor union association
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, but not including
members of the general public. These uses are restricted to those
not conducted primarily for gain, although a restaurant may be operated
primarily to serve members and their guests. This use shall not include
boardinghouse, restaurant open to the general public, or an auditorium,
unless that particular use is permitted in that district and the applicable
requirements of that use are met.
MINI STORAGE WAREHOUSES
A facility providing for the enclosed storage of household
items, vehicles, or recreational equipment, where said items are retained
for direct use by their owner, who shall have direct access thereto
without intermediate handling by the proprietor of the facility.
MIXED-USE DEVELOPMENT
The development of a tract of land, building, or structure
with a variety of complementary and integrated uses, such as, but
not limited to, residential, office, manufacturing, retail, public,
or entertainment.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park improved with the
necessary utility connection and other appurtenances necessary for
the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designed and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MOTEL
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, designed
with separate entrances, and designed for temporary occupancy by primarily
transient automobile travelers and providing for accessory off-street
parking facilities.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as a use which is clearly secondary to the residential use of the
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.
NONPARTICIPATING LANDOWNER
Any landowner except those on whose property all or a portion
of a wind energy facility is located pursuant to an agreement with
the facility owner or operator.
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of an ordinance,
or an amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of the adopted
or amended ordinance.
NONCONFORMING STRUCTURE OR BUILDING
A structure or building, the size, dimensions, or location
of which was lawful prior to the adoption, revision, or amendment
to the Zoning Ordinance but that fails by reason of such adoption,
revision, or amendment to conform to the present requirements of the
zoning district.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
thereto or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
NURSERY, HORTICULTURE
Any lot or parcel of land used to cultivate, propagate, grow
and/or sell trees, shrubs, vines, and other plants including the buildings,
structures, and equipment customarily incidental and accessory to
the primary use.
NURSING OR CONVALESCENT HOME
A facility licensed by the state for the housing and intermediate
or fully skilled nursing care of three or more persons.
OCCUPIED BUILDING
A residence, school, hospital, church, public library, commercial
building or other building used for public gathering that is in use
when the permit application is submitted.
OFF-STREET PARKING
A temporary storage (surface or structure) for a motor vehicle
that is directly accessible to an access aisle and that is not located
on a dedication right-of-way, and is located upon the same lot as
a principal use or, in the case of joint parking, within close proximity.
OFFICE
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall not include retail or industrial uses, but
may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
OPERATOR
The entity responsible for the day-to-day operation and maintenance
of the wind energy facility.
OUTDOOR STORAGE
The keeping, in an unenclosed area, of any goods, junk, material,
merchandise, or vehicles in the same place for more than 24 hours.
OVERLAY ZONE
A zoning district that encompasses one or more underlying
zones and that imposes additional requirements above that required
by the underlying zone.
PARCEL
A lot, plot or tract of land designated by any legally recorded
or approved means as a single unit. The term includes, but is not
limited to, tax parcels, lots or deeded areas.
PARKING LOT
Any lot, municipally or privately owned for off street parking
facilities, providing for the transient storage of automobiles or
motor-driven vehicles. Such parking services may be provided as a
free service or may be provided for a fee.
PARKING SPACE
The space within a building, or on a lot or parking lot,
for the parking or storage of one motor vehicle.
PARTICIPATING LANDOWNER
A landowner upon whose property all or a portion of a wind
energy facility is located pursuant to an agreement with the facility
owner or operator.
PARTY WALL
A common shared wall between two separate structures, buildings,
or dwelling units.
PEDESTRIAN WALKWAY
A specified easement, walkway, path, sidewalk or other reservation
which is designed and used exclusively by pedestrians.
PERSONAL SERVICE ESTABLISHMENT
Service activities shall include and be similar to barbershops,
beauty salons, health spas, massage parlors; photographic studios;
self-service laundry and dry-cleaning establishments, laundromats;
radio and television repair, repair shops for home appliances and
tools, bicycles, guns, locks, shoes and watches; tailor and dressmaking
shops; and pet grooming with no overnight boarding. Personal service
establishments shall not be construed to be adult-related uses as
defined herein.
PLAN, SKETCH
An informal plan indicating salient existing features of
a tract and its surroundings and the general layout of proposed subdivision
or land development. The sketch plan does not constitute a formal
submission of a preliminary or final plan and is voluntarily offered
to all applicants for guidance.
PLAT
The map or plan of a subdivision or land development whether
preliminary or final. (For the purpose of this chapter, the terms
"plat" and "plan" have the same meaning.)
PREAPPLICATION CONFERENCE
An initial meeting between developers and the Zoning Officer/Code
Enforcement Official and/or Township Engineer which affords applicants
and/or developers the opportunity to present their proposals informally.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of
the first or second class as designated by the USDA Natural Resource
and Conservation Services county soil survey.
PRINCIPAL USE
The main or primary use of property, buildings or structures.
PRIVATE STREET/ROAD
A nonpublic right-of-way which provides vehicular access
to one or more lots.
PROCESSING
A function which involves only the cleaning, sorting, sizing,
packaging, or any combination thereof, of products and materials.
PROFESSIONAL OFFICES
Includes but are not limited to offices for real estate,
stock and bond brokers, accountants, adjusters, appraisers, utility
companies, physicians, lawyers, clergymen, teachers, dentists, architects,
engineers, insurance agents, opticians, banks, financial institutions,
contractors (excluding storage) and similar office-oriented uses.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas;
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned and operated facilities;
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code.
PUBLIC MEETING
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq., as amended.
PUBLIC NOTICE
A notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. The 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.
PUBLIC PARKS AND RECREATION AREAS
Locations for leisure-time activities, including but not
limited to sports and entertainment that are open to anyone without
restriction, except for the rules and standards of conduct and use.
PUBLIC RECREATION FACILITY
Recreation facilities owned and/or operated by an agency
of the municipality or other governmental body, including but not
limited to parks, swimming pools, golf courses, etc.
PUBLIC STREET/ROAD
A street ordained or maintained or dedicated and accepted
by a borough, city, township, county, state or federal governments
and open to public use.
PUBLIC UTILITY, BUILDING AND STRUCTURES
Any structure which belongs to a public utility for uses
such as electrical, telephone, gas, water and sewer which are regulated
by the PUC or any other governmental agency.
QUARRY
A lot or land or part thereof used for the purpose of extracting
stone, sand, clay, gravel, or topsoil for sale, and exclusive of the
process of grading a lot preparatory to the construction of a building
for which application for a building permit has been made.
RECYCLING CENTER
A building or site that is not a junkyard, at which recoverable
resources such as newspaper, cardboard, glass, plastic containers,
and/or metal cans are collected, separated, stored, flattened, crushed
or bundled prior to shipment to others for further treatment or reprocessing.
REPAIR SERVICES
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
RESTAURANT
A public eating place primarily offering sit-down counter
or table service and custom-prepared foods for on-premises consumption.
RETAIL BUSINESS
Retail business shall include variety stores, apparel stores,
florists, drugstores, grocery stores, eating and drinking establishments,
liquor stores, antique shops, music shops, sporting goods stores,
book, stationery, magazines, candy and tobacco shops, and other activities
that sell merchandise and other products on a retail basis.
RETIREMENT FACILITY
Planned development designed to meet the needs of, and exclusively
for, the residence of senior citizens.
RIGHT-OF-WAY
An area or strip of land, either public or private, on which
an irrevocable right of passage has been recorded for the use of vehicles
or pedestrians or both.
ROADSIDE STAND
A prospective use, intended for limited duration, for the
display and retail sale of agricultural products.
ROTOR
That portion of the wind turbine, i.e., blades and associated
hub and shaft, which is intended to be moved or activated by the wind.
SANITARY FACILITY, LANDFILL OR INCINERATOR
Land, structures and other appurtenances or improvements where municipal or residual waste disposal or processing is permitted or takes place or where hazardous waste is treated, stored or disposed. The term includes land thereby used or affected during the lifetime of operations, including areas where solid waste management actually occurs, support facilities, 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, contiguous borrow areas and other activities in which the natural land surface has been disturbed or used as a result of or incidental to operation of the facility. A waste facility must meet the requirements of Title 25 of the Commonwealth of Pennsylvania Code, Article
VII to Article
IX, and any state or federal act or laws, as applicable and amended, such as the Solid Waste Management Act, the Clean Streams Law, and all applicable federal regulation, such as the Resource
Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901
to 6992 and 40 CFR Parts 260 to 279. A waste disposal or processing
plant may include landfills, incinerators, impoundment, transfer facilities,
composting facilities or resource recovery facilities, as defined
in the Pennsylvania Code.
SCHOOL
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
SCHOOL, COMMERCIAL
A school conducted for profit for such instruction as business,
art, music, trades, handicraft, dancing or riding.
SCHOOL, VOCATIONAL
Same as elementary and secondary school, except that the
primary activity is training in a trade or vocation.
SCREEN PLANTING
A vegetative material of sufficient height and density to
conceal from the view of adjoining properties the structures and uses
on the premises on which the screen planting is located.
SCREENING
The provision of a barrier to visibility, airborne particles,
glare and noise between adjacent properties uses and/or districts
composed entirely of trees, berms, shrubs, privacy fences, walls and/or
other similar type materials.
SETBACK
The distance between the building and any lot line.
SHADOW FLICKER
Alternating changes in light intensity caused by a moving
wind rotor blade casting shadows on the ground and stationary objects.
SIDEWALK
A paved, surfaced, or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
SIGHT DISTANCE
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
SIGN
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images. This excludes national or
state flags, window displays, graffiti, athletic scoreboards, or the
official announcements or signs of governments.
SIGN, AREA
The area of a sign including all lettering, wording, and
accompanying design and symbols, together with the background, whether
open or enclosed, on which they are displayed, including any border
framing or decorative attachments, but not including any supporting
framework or bracing incidental to the display itself. Where the sign
consists of individual letters or symbols attached to a building,
wall or window, the area of the sign shall be considered to be that
of the smallest rectangle or other regular geometric shape which encompasses
all of the letters and symbols.
SIGN, CONSTRUCTION
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
or similar artisans, and the owners, financial supporters, sponsors,
and similar individuals or firms having a role or interest with respect
to the structure or project.
SIGN, DIRECTIONAL
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance," and "exit."
SIGN, FACE
The area or display surface used for the message.
SIGN, FREESTANDING
A sign which is self-supporting upon the ground or which
is primarily supported by poles attached to the ground and not primarily
supported by a building.
SIGN, GROUND
Any sign, other than a pole sign, in which the entire bottom
is in contact with or is close to the ground and is independent of
any other structure.
SIGN, HEIGHT
The vertical distance measured from the average surrounding
ground level surrounding a sign to the highest point of the sign and
its supporting structure. Religious symbols, when not accompanied
by lettering, shall not be restricted by the sign heights of this
chapter when attached to a tower or spire of a house of worship.
SIGN, OFF-PREMISES
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.
SIGN, PROJECTING
A sign that is wholly or partly dependent upon a building
for support and that projects more than 12 inches from such building.
SIGN, REAL ESTATE
A sign relating to the property upon which it is located,
offering such property for sale or lease.
SIGN, ROOF
A sign that is mounted on the roof of a building or that
is wholly dependent upon a building for support and that projects
above the top walk or edge of a building with a flat roof the eave
line of a building with a gambled or gable or hip roof, or the deck
line of a building with a mansard roof.
SIGN, TEMPORARY
Any sign or advertising display constructed of cloth fabric,
plywood, or other light material and designed or intended to be displayed
for a short period of time.
SIGN, WALL
A sign primarily supported or painted on a wall of a building.
A wall sign shall also include a sign displayed upon an awning, marquee
or canopy.
SIGN, WINDOW
A sign which is attached to a window or transparent door
or that can be read through a window or transparent door.
SIMILAR USE
A use that has the same characteristics as the specifically
cited uses in terms of the following: trip generation and type of
traffic, parking and circulation, utility demands, environmental impacts,
physical space needs, and clientele.
SLOPE
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
SOLAR EASEMENT
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
solar energy systems.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
SOLAR ENERGY SYSTEM, ACCESSORY
An area of land or other area used for a solar collection
system used to capture solar energy, convert it to electrical energy
or thermal power and supply electrical or thermal power primarily
for on-site use. An accessory solar energy system consists of one
or more freestanding ground, or roof-mounted solar arrays or modules,
or solar-related equipment and is intended to primarily reduce on-site
consumption of utility power or fuels.
SOLAR ENERGY SYSTEM, PRINCIPAL
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use. Principal solar energy systems consist of one or
more freestanding ground or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures.
SOLAR PANEL
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
SOLAR-RELATED EQUIPMENT
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
A.
SOLAR ARRAYA grouping of multiple solar modules with purpose of harvesting solar energy.
B.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
C.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
SOLID WASTE TRANSFER FACILITY
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
SPECIAL EXCEPTION USES
A use permitted in a particular zoning district and approved by the Zoning Hearing Board pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code. A special exception use must be approved by the Zoning
Hearing Board.
STABLE, BOARDING/RIDING
A structure designed for the feeding, housing, and/or exercising
of horses, and where horses are kept for sale, hire, riding, and/or
stabled for compensation.
STEEP SLOPE
Land with a 15 feet or greater change in elevation 100 feet
or less in horizontal distance or, in other terms, 15% or greater
on the average. The following formula is the acceptable method of
determining average slope:
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Where:
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|
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S
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=
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Average percent slope of site
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|
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I
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=
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Contour interval in feet
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|
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L
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=
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Sum of the length of contours in feet
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|
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A
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=
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Land area in areas of parcel being considered
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STREET
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct or other way, whether public or private, used
or intended to be used by vehicular traffic or pedestrians.
STREET WIDTH
The distance between street lines measured at right angles
to the center line of the street.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVIDER
The owner or authorized agent of the owner of a lot, tract
or parcel of land to be subdivided for sale or land development under
the terms of this chapter.
SUBDIVISION
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 devises, transfer of ownership or building
or lot development; provided, however, that the subdivision or 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.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any extension, repair, reconstruction, or other improvement
of a property, the cost of which equals or exceeds 50% of the fair
market value of a property either before the improvement is started
or, if the property has been damaged and is being restored, before
the damage occurred.
TOTAL HEIGHT
When referring to a wind turbine, the distance measured from
the surface of the tower foundation to the highest point of a wind
rotor blade when the blade is positioned at 90° to the surface
of the ground.
TOWER
The supporting structure of a wind turbine on which a rotor
and accessory equipment are mounted. The basic types of towers include
self-supporting (freestanding) or guyed.
TRUCK STOP
A commercial use that primarily provides fuel and parking
for tractor-trailer trucks, in addition to other vehicles, and which
may also include vehicle repair, a retail store, restaurant, motel,
showers and similar support facilities for travelers.
TRUCK TERMINAL
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term accessory storage
for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal.
USE
The specific purpose or activity for which land or buildings
are designed, arranged, or intended or for which land or buildings
are occupied or maintained.
UTILITY LINE
A line built and maintained in order to transport materials,
utilities or services by underground or aboveground means, including
gas, electric, oil, cable, water, sewage, telephone, fiber optic cables,
stormwater, computer lines and other lines.
VARIANCE
The permission granted by the Zoning Hearing Board for an adjustment to some regulation which if strictly adhered to would result in an unnecessary hardship, where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of this chapter. (See §
300-154.)
VEGETATIVE COVER
An area covered with a vegetative material: grass, shrubs,
vines and trees.
VEHICLE AND EQUIPMENT REPAIR GARAGE
An area where repairs, improvements and installation of parts
and accessories for motor vehicles, equipment, and/or boats are conducted.
A vehicle and equipment repair garage shall include, but not be limited
to, a use that involves any of the following work: major mechanical
or body work, straightening of body parts, painting, welding or rebuilding
or transmissions.
WAREHOUSE
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
WATERCOURSE
A stream of water, river, brook, creek, or channel or ditch
for water, whether natural or man-made.
WETLANDS
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. (This
is the definition used by U.S. Environmental Protection Agency and
U.S. Army Corps of Engineers.)
WIND ENERGY FACILITY
An electric generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmissions lines and other appurtenant
structures and facilities.
WIND TURBINE
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.
YARD, DEPTH
The shortest distance between a lot line and a required setback
line.
YARD, FRONT
A space parallel to the front lot line and extending the
full width of the lot between a required front setback line and the
front lot line.
YARD, REAR
A space parallel to the rear lot line and extending across
the full width of the lot between the required rear setback line and
the rear lot line.
YARD, SIDE
A space parallel to the side lot line and extending from
the front yard to the rear yard between the required side setback
line and the side lot line.
Required Yard Setbacks
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ZONING DISTRICT
A section of a municipality designated in the Zoning Ordinance
text and delineated on the Zoning Map, in which requirements for the
use of land and building and development standards are prescribed.
ZONING MAP
The map setting forth the boundaries of the zoning districts
of North Newton Township which shall be part of this chapter.
ZONING OFFICER
The administrative officer appointed by the North Newton
Township Board of Supervisors to administer the Zoning Ordinance and
issue zoning permits.
ZONING PERMIT
A document signed by a Zoning Officer, as required in the
Zoning Ordinance, as a condition precedent to the commencement of
a use, or the erection, construction, reconstruction, restoration,
alteration, conversion or installation of a structure or building,
that acknowledges that such use, structure or building complies with
the provisions of the municipal zoning ordinance or authorized variance
therefrom.