A.
For the purpose of this chapter, certain terms and words are defined
below. Words used in the present tense shall include the future tense.
Words in the singular shall include the plural and words in the plural
shall include the singular. Words in the masculine include the feminine
and the neuter.
B.
The word "shall" is mandatory. The word "may" is permissive. The
word "person" includes "individual," "company," "unincorporated association,"
or other similar entities. The words "used for" include "designed
for," "arranged for," "intended for," "maintained for," or "occupied
for." The words "building" and "structure" shall be construed as if
followed by the phrase "or part thereof." The word "lot" shall include
terms "plot," "parcel," "site" and tract. The word "Township" shall
refer to Union Township, Berks County, Pennsylvania.
[Amended 8-19-2013 by Ord. No. 2013-04]
Terms or words used herein, unless otherwise expressly stated,
shall be construed as defined below. When terms, phrases or words
are not defined, they shall have their ordinarily accepted meanings
or such as the context may imply.
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
use.
An area of land or other area used for a solar energy 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. Ground-mounted or freestanding solar energy systems and roof-mounted
solar energy systems on the roofs of buildings on site, used primarily
for on-site use, are considered accessory solar energy systems. 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 for use on site.
[Added 5-16-2022 by Ord. No. 2022-02]
A subordinate use of a portion of a lot which is customarily
incidental to the main or principal use of land or of a building on
a lot.
An area of land or other area used for a wind energy system
used to capture wind energy, convert it to electrical energy and supply
electrical power primarily for on-site use. Ground-mounted or freestanding
wind energy systems and building-mounted wind energy systems on site,
used primarily for on-site use, are considered accessory wind energy
systems. An accessory wind energy system consists of one or more wind
turbines and other accessory structures and facilities intended to
primarily reduce on-site consumption of utility power for use on site.
[Added 10-17-2022 by Ord. No. 2022-03]
43,560 square feet.
The Pennsylvania Municipalities Planning Code, as amended.[1]
The Pennsylvania Municipalities Planning Code, as amended.[2]
The re-use of a building that is 50 years or older for another
use that is permitted, without substantially altering the historic
character of the building as viewed from a public thoroughfare.
The state of being side by side, next to or adjoining one
another.
The average number of vehicles that pass over a given point
per day.
Any adult bookstore, adult cabaret, adult theater, or adult
mini-motion-picture theater, as defined below, and which, under the
State Obscenity Code, as amended,[3] must exclude minors or may not knowingly disseminate to
minors.
[Amended 8-19-2013 by Ord. No. 2013-04]
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ADULT BOOKSTORE — An establishment, having as a substantial
or significant portion of its stock-in-trade (for sale or rental),
books, magazines, videos, DVDs, and other materials which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to "specified sexual activities" or "specified anatomical
areas," as defined by the State Obscenity Code, as amended.
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ADULT CABARET — A cabaret, tavern, theater or club which
features strippers, male or female impersonators, or similar entertainers
who exhibit, display or engage in nudity, sexual conduct or sadomasochistic
abuse, as defined in the State Obscenity Code, as amended.
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ADULT MINI-MOTION-PICTURE THEATER — An enclosed building
offering video presentations distinguished or characterized by an
emphasis on matter depicting, describing or relating to "specified
sexual' activities" or "specified anatomical areas" for observation
by patrons within private viewing booths and/or by use of token or
coin-operated viewing booths and/or by use of token or coin-operated
projectors or other video machines as defined in the State Obscenity
Code, as amended.
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ADULT THEATER — Any business, indoor or outdoor, which
exhibits a motion-picture show or other presentation which, in whole
or in part, depicts nudity, sexual conduct, or sadomasochistic abuse
as defined in the State Obscenity Code, as amended.
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A form of eligibility for a person of 55 years of age or
older.
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
by farmers or are consistent with technological development within
the agricultural industry.
The cultivation of the soil and the raising and harvesting of the products of the soil including, but not limited to, landscape nursery, horticulture, forestry and animal husbandry. Section 200-92A of this chapter outlines the limitations for general agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Area Security Act (Act 43 of 1981, as amended).[4]
Specialized agricultural activities including, but not limited to, mushroom, egg and poultry production, and dry lot livestock production, which, due to the intensity of production or raw material storage needs, necessitate special control of operation, raw material storage and processing, and disposal of liquid and solid wastes. Intensive agricultural activities shall also include general agricultural activities exceeding the standards and specifications outlined under § 200-92A of this chapter. Section 200-92B outlines the limitations for intensive agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Area Security Act (Act 43 of 1981, as amended).
The co-development of the same area of land for both solar
photovoltaic power and production agriculture.
[Added 5-16-2022 by Ord. No. 2022-02]
A sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered at the location other
than the premises on which the sign is located (see "billboard").
[Added 12-18-2017 by Ord.
No. 2017-03]
A sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered at the location on which
the sign is located.
[Added 12-18-2017 by Ord.
No. 2017-03]
A right-of-way or street that is municipally or privately
owned which serves as a secondary vehicular access to the side or
rear of two or more properties.
A soil developing from recently deposited alluvium and exhibiting
essentially no horizon development or modification of the recently
deposited materials.
Sediments deposited by running water of streams and rivers.
It may occur on terraces well above present streams, on the present
floodplain or deltas, or as a fin at the base of a slope.
Any change or rearrangement in the existing facilities of
a building or structure or any enlargement thereof, whether by extension
on any side or by an increase in height, or the moving of such building
from one location or position to another.
A transmitting and/or receiving device used in telecommunications
that radiates or captures radio signals.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
An antenna that is equally effective in all directions, and
whose size varies with the frequency and gain for which it is designed.
An antenna that is flat, directional, and whose size varies
with the frequency and gain for which it is designed. Panel antennas
may extend a maximum of six feet above the highest portion of the
structure to which they are attached. No more than four panels may
be attached to a tower, and the size of each panel shall not exceed
one square foot of surface area.
An antenna that is cylindrical in shape which can be directional
or omnidirectional. Their size varies based upon the frequency and
gain for which they are designed.
See "dwelling unit."
A facility for persons that is licensed as a personal care
home by the state.
That part of a building which is immediately below and wholly
or partly within the roof framing.
A story partly below the finished grade.
Any structure or equipment at a fixed location that enables
FCC-licensed or authorized communications between user equipment and
a communications network. It includes structures other than towers
that support or house an antenna, transceiver, or other associated
equipment that constitutes part of a "base station" at the time the
relevant application is filed with the state or municipal authorities,
even if the structure was not built for the sole or primary purpose
of providing such support, but does not include structures that do
not at the time support or house base station components. The term
includes buildings, light poles, utility poles, water towers, etc.,
as well as DAS systems and small cells.
[Added 8-15-2016 by Ord.
No. 2016-05]
The provisional short-term use and occupancy of a single-family
detached dwelling for purposes accommodating transient guests for
rent. As used herein the term transient shall mean guests whose stay
at the bed-and-breakfast does not exceed 14 consecutive days at any
one time in a six-month period.
A sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered at a location other than
the premises on which the sign is located (see "off-site advertising
sign").
[Added 12-18-2017 by Ord.
No. 2017-03]
A tract of land or a lot or group of lots, bounded by streets.
The Board of Supervisors of the Township of Union, Berks
County, Pennsylvania.
A continuous strip of land of a length and width as specified in this chapter, and any other applicable ordinance, which is clear of buildings and paved areas and is intended to serve as a visual and/or physical separation between two or more land uses or activities, and is adequately landscaped in accordance with § 200-101 of this chapter and Chapter 172, Subdivision and Land Development.
A space enclosed within exterior walls or fire walls, built,
erected and framed of component structural parts, designed for the
enclosure and support of individuals, animals, plants or property
of any kind.
The total area, taken on a horizontal plane at the ground
floor level, of all primary and accessory buildings on a lot, excluding
unroofed porches, paved terraces, steps, eaves and gutters, but including
all enclosed extensions.
The International Building Code.
The percentage of a lot covered by principal and accessory
buildings.
The vertical distance measured from the average elevation
of the finished grade at the two front corners of the building to
the highest point of the roof.
The measurement of a building in one general direction, whether
it be the front, side or rear of the building.
The minimum distance a building or structure shall be set
back from the street right-of-way line (except the right-of-way of
a service street).
The line within a property establishing the minimum required
distance between any building or structure or portions thereof to
be erected or altered and a street right-of-way (except the right-of-way
of a service street). The distance shall be measured at right angles
from the street right-of-way line which abuts the property, and the
building setback line shall be parallel to said right-of-way line.
The diameter of a tree trunk measured at a point.
A plot of ground upon which two or more campsites are located
for the occupancy.
A tent or camping vehicle located on a campsite.
A plot of ground within a campground for the use of a single
camping unit.
A roofed structure open on two or more sides and used in
association with a structure or dwelling for the storage of private
motor vehicles.
The portion of a street right-of-way, whether paved or unpaved,
designed for vehicular use.
A commercial low-power mobile radio service licensed by the
Federal Communications Commission (FCC) to two providers in a specific
geographical area in which the radio frequency spectrum is divided
into discrete channels which are assigned in groups to geographic
cells within a service area and which are capable of being reused
in different cells within the service area.
Land used or intended to be used for the burial of human
remains and may include columbariums, crematoriums, mausoleums, and
mortuaries when operated in conjunction with and within the boundary
of such cemetery.
A statement, based on an inspection, signed by the Zoning
Officer, setting forth that a building, structure, sign, and/or land
complies with this chapter, or that a building, structure, sign, and/or
land may be lawfully employed for specific uses, or both.
A building used for public worship by a congregation, excluding
buildings used primarily for residential, educational, burial, recreational,
or other uses not normally associated with worship.
An association of persons for some common nonprofit activity,
not including groups organized primarily to render a service which
is customarily carried on as a business.
An alternative development method wherein structures and
buildings are arranged in closely related groups, reducing lot sizes,
preserving land for open space, and permitting innovative site design.
A single telecommunication pole, mast, tower, cable, wire
or other structure supporting multiple antennas, dishes, transmitters,
repeaters, or similar devices owned or used by more than one public
or private entity.
[Added 7-19-2021 by Ord. No. 2021-02]
The mounting of one or more wireless communication facilities,
including antennas, on an existing tower-based WCF, or on any structure
that already supports at least one non-tower WCF.
[Added 8-15-2016 by Ord.
No. 2016-05]
A school for the teaching of a trade or skill, carried on
as a business.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site designed and intended
for use or enjoyment of all residents of the development in which
it is located. Land included within the right-of-way lines of streets
shall not be classified as common open space. Common open spaces shall
not include required open areas between buildings and between buildings
and street rights-of-way, driveways, parking areas and property lines
in the development. No dwelling unit, residential accessory buildings,
or parking areas not associated with the use of the common open space
may be located within common open spaces. The parcel shall have size,
dimensions, topography, access and general character suitable for
use by the residents.
A parking area or facility other than those provided within
the lot lines of a lot on which one single-family detached dwelling,
one single-family semidetached dwelling, or one townhouse is located.
Common parking areas are typically associated with multifamily and
commercial (multi-tenant) developments.
A wall used for joint service between two buildings or parts
thereof.
A FCC-licensed facility, designed and used for the purpose
of transmitting, receiving, and relaying signals from various communications
devices and equipment.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The most current version of the Southern Berks Regional Comprehensive
Plan or any part thereof, adopted by the Union Township Board of Supervisors.
Certain specified uses when permitted by the Board of Supervisors
pursuant to express standards and criteria established in this chapter.
A facility that is associated with a bed-and-breakfast used for conferences, seminars and retreats, with accommodations for meeting rooms, and for food preparation and dining, in accordance with § 200-121.4.
The total necessary land required for all buildings or uses
within a unified development before a zoning permit may be issued.
A residential living environment and care facilities with
a view toward: creating provisions for sustenance, housing, physical,
spiritual, cultural, social and medical needs; allowing for care of
residents as well as for operation and maintenance of residential
living units; allowing for medical services for residents in the form
of an infirmary for the temporary care of such residents and the treatment
of their medical problems; and, allowing for independent living and
assisted living, as well as skilled nursing facilities for both long-term
and short-term care. The CCRC may include accessory uses primarily
for the benefit of the CCRC residents such as: gift shops; personal
services such as barber shops or beauty salon; cafeteria; community
center; and library.
To change or adapt land or structures to a different use,
occupancy or purpose.
The County of Berks, Commonwealth of Pennsylvania.
The Berks County Planning Commission.
A portion of a lot unoccupied but partially or wholly surrounded
by the walls of a structure or buildings.
A structure at or near the top of the low-power mobile radio
service telecommunications facility which provides support and horizontal
separation for the antenna(s).
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LANDOWNER CURATIVE AMENDMENT — A proposed zoning amendment
made to the Township by any landowner who desires to challenge on
substantive grounds the validity of an ordinance which prohibits or
restricts the use of the development of land in which the landowner/applicant
has an interest.
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MUNICIPAL CURATIVE AMENDMENT — A proposed zoning amendment
initiated by the Township pursuant to § 609.2 of Act 247,
as amended.[5]
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The edge of the cartway.
The number of dwelling units per gross acre.
The Pennsylvania Department of Environmental Protection and
its successors.
An antenna or array of antennas designed to concentrate a
radio signal in a particular area.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 8-15-2016 by Ord.
No. 2016-05]
A portion of the Township within which certain uniform regulations
and requirements or combinations thereof apply under the provisions
of this chapter.
A private right-of-way providing for vehicular and pedestrian
access between a public street and a parking area or garage, within
a lot or property. The term "driveway" shall include accessway, access
drive, service drive, and service lane.
A building or structure or portion thereof arranged, intended,
designed or used as the living quarters for one or more families living
independently of each other. Such buildings as club, fraternity house,
lodge, or residential club, nursing home, motel, and institutional
residence are not included in the definition of "dwelling."
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APARTMENT BUILDING — A building on a single lot arranged,
intended, or designed to be occupied as a residence for three or more
families, and in which the dwelling units may be separated horizontally
and/or vertically.
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CONDOMINIUM — Real estate, portions of which are designated
for separate ownership and the remainder of which is designated for
common open space solely for the owners of those portions, created
under either the Pennsylvania Unit Property Act, as amended, or the
Pennsylvania Uniform Condominium Act, as amended.[6]
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MOBILE HOME — A transportable, single-family dwelling
constructed in accordance with the specifications of the State of
Pennsylvania 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.
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MODULAR HOME OR MANUFACTURED HOME — Any structure designed
primarily for residential occupancy which is wholly or in substantial
part made, fabricated, formed or assembled in manufacturing facilities
for installation or assembly and installation on the building site
and constructed on a permanent foundation. Housing units defined as
"mobile homes" are excluded from this definition.
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SINGLE-FAMILY DETACHED DWELLING — A building arranged,
intended or designed to be occupied exclusively as a residence for
one family and having no common wall with an adjacent building.
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SINGLE-FAMILY SEMI-DETACHED DWELLING — A building arranged,
intended or designed to be occupied exclusively as a residence for
two families, one family living on each side of a common wall, each
dwelling having at least one separate entrance from the outside.
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TOWNHOUSE (Single-Family Attached) — A building arranged,
intended, or designed to be occupied exclusively as a residence for
one family which is one of a group of three or more such buildings,
placed side by side and separated by unpierced common walls, each
dwelling having at least one separate entrance from the outside.
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TWO-FAMILY DETACHED DWELLING (duplex) — A building arranged,
designed or intended for occupancy of two families living independent
of each other in separate dwelling units that are separated by horizontal
floors as opposed to vertical walls.
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A building or portion thereof providing one or more rooms,
arranged for the use of one or more individuals living together as
a single housekeeping unit, and having no cooking or sanitary facilities
in common with any other dwelling unit (see Appendix A).
A condition that:
[Added 8-15-2016 by Ord.
No. 2016-05]
Those areas of Union Township which are identified, defined or delineated as being floodplains, wetlands, high watertable soils, hydric soils, and/or steep slopes. All such environmentally sensitive areas shall be further defined and regulated under Article XII, Environmental Protection Overlay District, of this chapter.
The U.S. Environmental Protection Agency and its successors.
Includes, but is not limited to, the following:
[Added 7-19-2021 by Ord. No. 2021-02]
A single ground- or building-mounted receive-only radio or television
antenna, including any mast, for the sole use of the tenant occupying
the residential parcel on which the radio or television antenna is
located, with an antenna height not exceeding 25 feet.
A ground- or building-mounted citizens band radio antenna, including
any mast, if the height (post and antenna) does not exceed 35 feet.
A ground-, building- or tower-mounted antenna operated by a
federally licensed amateur radio operator as part of the Amateur Radio
Service, if the height (post and antenna) does not exceed 35 feet.
A ground- or building-mounted receive-only radio or television
satellite dish antenna, which does not exceed 36 inches in diameter,
for the sole use of the resident occupying a residential parcel on
which the satellite dish is located, provided the height of said dish
does not exceed the height of the ridgeline of the primary structure
on said parcel.
Mobile services providing public information coverage of news
events of a temporary nature.
Handheld devices such as cell phones, business-band mobile radios,
walkie-talkies, cordless telephones, garage door openers and similar
personal-use devices.
Government-owned and -operated receive and/or transmit telemetry
station antennas for supervisory control and data acquisition (SCADA)
systems for water, flood alert, traffic control devices and signals,
stormwater, pump stations and/or irrigation systems, with heights
not exceeding 35 feet.
Township-owned and -operated antennas used for emergency response
services, public utilities, operations and maintenance if the height
does not exceed 70 feet.
Telecommunications facilities including multiple antennas located
on an industrial parcel and utilized for the sole use and purpose
of communications between employees/vehicles of said company in the
course of business.
An individual or any number of individuals living together
as a single, nonprofit housekeeping unit, and having a single, common
cooking facility and living together upon the premises as a separate
unit in a domestic relationship based upon birth, marriage or other
domestic bond; excluding, however, occupants of a club, fraternity
house, lodge, residential club or rooming house.
An area of land, including all buildings, accessory buildings,
farm buildings, and one single-family detached principal dwelling
all used for agriculture and where the primary source of income is
derived from property.
A barn, silo, or any building used for the storage of agricultural
equipment or farm produce, or housing livestock or poultry. The term
"farm building" shall not include dwellings.
Federal Communications Commission Rules and Orders, which
regulate traditional telecommunications towers, as well as distributed
antennas systems and other small cells.
[Added 8-15-2016 by Ord.
No. 2016-05; amended 7-19-2021 by Ord. No. 2021-02]
A man-made barrier placed or arranged.
The gross floor space of the building or buildings, measured
from the exterior faces of exterior walls or from the center line
of a wall separating buildings.
In particular, the floor area of a building or buildings shall
include:
Basement space.
All spaces with structural headroom of seven feet six inches,
or more.
Interior balconies and mezzanines.
Enclosed porches or terraces or other space which is attached
to the principal structure on at least one side.
Attic spaces (with or without a finished floor), provided structural
headroom of seven feet six inches or more is available over 50% of
such attic space.
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 any land development.
An accessory building or a part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises and for the storage of not more than three motor vehicles
owned and used by persons other than the owner or tenant of the premises.
The Board of Supervisors of the Township of Union.
Building, regardless of the materials or design used in construction,
for the cultivation and growth of houseplants, flowers, shrubs, vegetables,
plants and the like, for the purpose of further cultivation in the
soil located on site, or for wholesale distribution.
Building, regardless of the materials or design used in construction,
primarily for the buying and reselling of plants, trees, mulch, landscaping
products and the like.
The total square footage of all floors of a building.
A single-family detached dwelling occupied by not more than
five individuals, plus up to two live-in supervisory staff, not necessarily
related by blood, marriage, adoption, or legal guardianship, who,
because of their physical or emotional disabilities as defined and
protected by the Federal Fair Housing Act, as amended, would face
institutionalization, without the alternative living arrangements
provided by the group home setting within the community. Group homes
would include facilities providing supportive services to: the mentally
disabled; the physically disabled; the emotionally disabled; and,
the elderly.
[Added 9-16-2019 by Ord. No. 2019-2]
Outdoor leisure time facilities that are commercial and more
intense than medium intensity outdoor recreation use due to their
attributes pertaining to; the charging of membership and/or admission
fees; the presence of a high number of participants and parking spaces;
and a level of land disturbance of 50% or greater of the tract. Examples
of high intensity outdoor recreation use include: go-cart tracks;
motocross tracks; water slide parks; amusement parks; and the like.
Those soils identified in the Soil Survey of Berks County,
as having any of the following:
Drainage classes of "somewhat poorly drained," "poorly drained,"
and/or "very poorly drained."
Inundation that is common (>50 times in 100 years) and/or long
(seven days to one month or more, per year).
Inundation that is very shallow (<25 cm to 50 cm) and/or
permanent (present continuously) to transitory (present three to six
months).
The lot dimensions measured along the right-of-way line of
any one street or highway abutting a lot.
A professional use which is customarily carried on in a dwelling
unit, or a structure accessory thereto, clearly secondary and incidental
to the dwelling in which the practitioner resides, other than a no-impact
home-based business.
A building or group of buildings containing six or more individual
rooms for rental, primarily for transients, and where no provision
is made for cooking in any individual room or suite. "Hotel/motel"
does not include institutional or educational uses and buildings where
human beings are housed under legal constraint.
Soils that are wet long enough to periodically provide anaerobic
conditions, thereby influencing the growth of plants.
[7]Those physical additions and modifications to the land that
may be required to insure that a site is suitable for a proposed land
use including, but not limited to, buildings, structures, grading,
utilities, and the like.
The minimum distance an improvement other than a building
or structure, or land use activity shall be set back from a street
right-of-way and/or property line. Improvement setback requirement
will not apply to such structures as stormwater piping, basins, endwalls,
catch basins, fences, and retaining walls.
An accessory dwelling unit for a family member.
A facility for the manufacture, processing, or warehousing
of products and materials.
Any place where junk as defined in Chapter 119 is stored or accumulated. A lot, land or structure, or parts thereof used for the collection, storage, dismantling, salvage, sale or recycling of used and discarded materials including, but not limited to, wastepaper, rags, scrap metal; or the scrap, salvage, or discarded material from vehicles or machinery. The deposit or storage of two or more unlicensed, uninspected, wrecked or disabled vehicles shall be deemed to be a junkyard.
An establishment at which dogs or other domesticated animals
are housed, groomed, bred, boarded, trained, or sold, all for a fee
or compensation.
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition). A lessee under a
written lease, who has written authorization of the legal owner, shall
be deemed to be a "landowner" for the purpose of this chapter.
A landscape screen shall be defined as being either:
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BUFFER YARD LANDSCAPE SCREENA visual and/or physical separation between two or more land uses.
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SITE ELEMENT LANDSCAPE SCREENA visual and/or physical separation between two or more site activities.
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In both cases, the screening shall be accomplished through the use of landscape materials in accordance with § 200-101 of this chapter.
Farm animals, excluding poultry, which are kept or raised
for use, pleasure and/or profit, such as cows, horses, goats, sheep,
llamas, rabbits, and the like.
A tract or parcel of land, regardless of size, held in single
or joint ownership, not necessarily a lot or lots shown on a duly
recorded map. The term "lot" shall also mean "parcel," "plot," "site"
or any similar term.
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CORNER LOT — A lot situate at and abutting the intersection
of two streets.
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FLAG LOT — An irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot that is regulated in § 200-100. The flag shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel.
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INTERIOR LOT — A lot, other than a corner lot, the sides
of which do not abut a street.
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REVERSE-FRONTAGE LOTS — Lots which have frontage on two
public streets.
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The total space contained within the lot lines. Minimum lot
areas as required for the various zoning districts are based on gross
lot area.
The space contained within the lot lines, excluding any and
all land areas as follows: areas within existing or designated ultimate
street rights-of-ways; areas identified as common open space; areas
within easements dedicated for public utility, municipal or stormwater
purposes; areas delineated as wetlands; areas within the one-hundred-year
floodplain as defined by FEMA; surface water bodies, watercourses,
and areas in which the topographic features exceed 25% in slope.
The percentage of a lot covered by all hardscape surfaces,
such as buildings, paved or gravel parking areas, paved walks, and
other similar surfaces. For purposes of this definition, material
such as pervious paving and porous pavers shall be included as a hardscape
material and shall be subject to the coverage limit as set forth for
the applicable zoning district.
[Amended 3-21-2016 by Ord. No. 2016-01]
The mean average horizontal distance between the front and
the rear lot lines.
That portion of a lot which fronts on a street.
A line forming the front, rear or side boundary of a lot.
|
FRONT LOT LINE — The line separating a lot from a street.
The front lot line is also the street line.
| |
|
REAR LOT LINE — The lot line which is opposite the front
lot line. The rear line of any triangularly or irregularly shaped
lot shall be established such that it will be at least 10 feet long.
| |
|
SIDE LOT LINE — Any lot line other than a front or rear
lot line.
|
A lot or parcel recorded in the office of the Recorder of
Deeds of Berks County, Pennsylvania.
The width of a lot measured at the minimum building setback
line (front yard) as established for the specific zoning district.
Outdoor leisure time facilities of a noncommercial nature
for walking, fishing, bird watching, nature study, nature photography,
picnicking, horseback riding, and the like.
Telecommunication towers, poles or similar structures greater
than 50 feet in height, including accessory equipment such as transmitters,
repeaters, microwave dishes, horns, and other types of equipment for
the transmission or receipt of such signals, as well as support structures,
equipment buildings and parking areas.
[Added 7-19-2021 by Ord. No. 2021-02]
Marijuana for certified medical use as set forth under the
Medical Marijuana Act, Pennsylvania Act 16.
[Added 9-19-2016 by Ord.
No. 2016-06]
The Medical Marijuana Act, Pennsylvania Act 16, as adopted
April 17, 2016.[8]
[Added 9-19-2016 by Ord.
No. 2016-06]
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health under Pennsylvania Act 16 to dispense medical marijuana. The term does not include a health care medical marijuana organization under the Medical Marijuana Act, Pennsylvania Act 16, which has been separately approved by the Department to dispense or grow and process in accordance with a research study pursuant to Chapter 19 of the Act.
[Added 9-19-2016 by Ord.
No. 2016-06]
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health under Pennsylvania Act 16 to grow and process medical marijuana. The term does not include a health care medical marijuana organization under the Medical Marijuana Act, Pennsylvania Act 16, which has been separately approved by the Department to dispense or grow and process in accordance with a research study pursuant to Chapter 19 of the Act.
[Added 9-19-2016 by Ord.
No. 2016-06]
A dispensary or a grower/processor as permitted under the Medical Marijuana Act, Pennsylvania Act 16. The term does not include a health care medical marijuana organization under the Medical Marijuana Act, Pennsylvania Act 16, which has been separately approved by the Department to dispense or grow and process in accordance with a research study pursuant to Chapter 19 of the Act.
[Added 9-19-2016 by Ord.
No. 2016-06]
Outdoor leisure time facilities of a non-commercial nature
for cardiovascular endeavors for soccer, baseball, basketball, football,
bicycling, rugby, lacrosse, volleyball, field hockey, tennis, swimming,
and the like, as well as commercial activities such as a golf course
or driving range.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
The use of a lot for two or more uses.
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.
The improvement, upgrade or expansion of existing wireless
telecommunication facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication facilities located within an existing equipment
compound, if the improvements, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 8-15-2016 by Ord.
No. 2016-05]
A WCF which consists of a single pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennas and connecting appurtenances.
[Added 8-15-2016 by Ord.
No. 2016-05]
See "hotel/motel."
An area of land, including structures thereon, used primarily
for the sale of gasoline or motor vehicle fuel, but which may be used
secondarily for supplying services generally required for the operation
and maintenance of motor vehicles, but which shall not include painting,
body and fender repairs, or sale, rental and storage of vehicles.
A land use owned, operated and/or maintained by the Township
such as, but not limited to, recreational areas/facilities, educational
facilities, emergency management facilities, administrative offices,
meeting rooms, water and sewage facilities, utilities, road materials
and equipment storage facilities, cultural facilities, historical
facilities, and other similar governmental land uses.
Union Township, Berks County, Pennsylvania.
An acre of land exclusive of the features described as exclusions
under the lot area (net) definitions.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, and which also involves no pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity shall satisfy the requirements of § 200-90.
The business activity shall be compatible with the residential
use of the property and surrounding residential use.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A non-tower WCF, including, but not limited to, antennas
and related equipment. Non-tower WCFs shall not include support structures
for antennas or any related equipment that is mounted to the ground
or at ground level.
[Added 8-15-2016 by Ord.
No. 2016-05]
A lot which does not meet with the minimum lot width or area
dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter or is legally established through the granting of a variance
by the Zoning Hearing Board.
A structure or building, or part thereof, which does not
meet the applicable provisions or requirements of the district in
which it is located, either at the time of enactment of this chapter
or as a result of subsequent amendments thereto, where such building
or structure lawfully existed prior to the enactment of such ordinance
or amendment. Such nonconforming structures include, but are not limited
to, nonconforming signs.
A building, structure, sign or use of land which does not
conform to the applicable regulations of the district in which it
is located, either at the time of the enactment of this chapter or
as a result of subsequent amendments thereto, but which did not violate
any applicable use regulations prior to the enactment of such ordinance
or amendments.
The use of a lot for activities that do not involve structures.
A school for pre-kindergarten instruction.
A building containing sleeping rooms used by persons who
are lodged and furnished with meals and are provided with needed support
services, including the availability of basic nursing care. Such a
facility may or may not include skilled nursing or medical care. This
definition shall be limited to facilities licensed by the Commonwealth
of Pennsylvania as a personal care home.
A flood that, on the average, is likely to occur once every
100 years, i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year.
Any parcel or area of land or water, essentially unimproved
and set aside, dedicated, designated, or reserved for public or private
use or enjoyment of owners, occupants, and their guests of land adjoining
or neighboring such open space.
An off-street area designed solely for the parking of motor
vehicles, including driveways, passageways, and maneuvering space
appurtenant thereto. Six or more parking spaces shall constitute a
parking lot for the purposes of this chapter.
A reasonably level space, not less than 10 feet wide and
having an area of not less than 200 square feet exclusive of passageways
or other means of circulation or access.
A primarily level, surfaced area, directly adjacent to a
principal building at or within three feet of the finished grade and
not covered by a permanent roof.
A use permitted in a particular district to occupy or use
land for a specific purpose in accordance with this chapter, when
such use is permitted by right.
See "assisted living facility."
A generation of wireless-phone technology that combines a
range of features and services surpassing those available in analog
and digital cellular phone systems, providing a user with an all-in-one
wireless phone, paging, messaging, and data service.
[Added 8-15-2016 by Ord.
No. 2016-05]
An establishment primarily engaged in providing services
involving the personal physical fitness of a person, such as fitness
studio, martial arts studio, health club or massage therapy establishment;
or providing personal appearance services, goods or apparel, such
as dry cleaning, laundromats, linen supply, beauty shop, barber shop,
shoe repair, seamstress, and tailor shop.
[Amended 8-19-2013 by Ord. No. 2013-04]
A cemetery for animals, typically for cats and dogs.
The proposal for development, including a part of subdivision,
all covenants, grants or easements and other conditions relating to
use, location and bulk of buildings, density of development, common
open space and public facilities.
|
AS-BUILT/IMPROVEMENT PLAN — A detailed engineering plan
showing the construction details of streets, storm drainage facilities
and other improvements, as required by this chapter.
| |
|
FINAL PLAN — A complete and exact subdivision or land
development (including all required supplemental data) prepared for
official recording as required by statute, to define property rights
and proposed streets and other improvements.
| |
|
MINOR SUBDIVISION PLAN — A complete and exact plan prepared in accordance with the standards and limitations specified in the Subdivision and Land Development Ordinance [Chapter 172].
| |
|
PLAN OF RECORD — An exact copy of the approved final plan
which has been officially recorded by the Berks County Recorder of
Deeds.
| |
|
PRELIMINARY PLAN — A tentative subdivision or land development
(including all required supplementary data) showing the pertinent
features of a tract and proposed street and lot layout as a basis
for consideration prior to preparation of a final plan.
| |
|
SKETCH PLAN — An informal plan, drawn to scale, indicating
existing features of a tract and the general layout of the proposed
subdivision or land development. The plan shall be presented for discussion
purposes only and not for approval.
|
An area of land controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district created, from time to time, under
the provisions of this chapter.
The Planning Commission of Union Township, Berks County,
Pennsylvania.
An area for the installation and maintenance of trees, shrubs,
ground covers and other landscaped materials, of a length, width,
height, composition, etc., in accordance with this chapter.
Domestic fowl raised for meat or eggs including chickens,
turkeys, ducks, geese, and the like.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture, Natural Resource and Conservation Services, Berks
County Soil Survey.
A building in which a principal use on a lot is carried on.
The main or primary purpose for which any land, structure,
or building is designed, arranged, or intended, and for which they
may be occupied or maintained under the terms of this chapter.
A use or similar uses that primarily involve services related
to, but not limited to, administrative, business, clerical, dental,
engineering, financial, governmental, legal, or medical including
all auxiliary services such as physical therapy and massage therapy.
[Added 8-19-2013 by Ord.
No. 2013-04]
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq. (relating to open meetings).
An entity that provides for a public necessity, serves all
members of the public upon reasonable request, charges just and reasonable
rates subject to review by a regulatory body including, but not limited
to, the Public Utilities Commission, files tariffs specifying all
its charges, and modifies or discontinues its service only with the
approval of the regulatory body and/or agency.
Structures typically found at a park or playground, such
as a swimming pool, tennis court, basketball court, trail, bench,
pavilion and gazebo.
Facilities, other than a prison or hospital, providing, for
a limited period, living accommodations, counseling and treatment
for up to 10 persons needing such treatment. No less than two live-in
security-trained and certified staff shall be on site, plus such additional
staff as are required under the facility's operations policies and
the emergency management and security plans on record with the Township.
Rehabilitation housing would include facilities specializing in providing
supportive services to: persons needing drug and alcohol rehabilitation;
and, persons released from corrections or juvenile facilities needing
assistance with their reentry into the community.
[Added 9-16-2019 by Ord. No. 2019-2]
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Added 8-15-2016 by Ord.
No. 2016-05]
The replacement of existing wireless telecommunication facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunication facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
[Added 8-15-2016 by Ord.
No. 2016-05]
The minimum distance a new nonresidential building shall
be set back from an existing principal residential dwelling unit on
an adjoining property.
An establishment engaged in the sale or rental of goods or
merchandise, and in rendering services incidental to the sale of such
goods, involving the sale of such items as antiques, appliances, auto
parts, beverages, books, carpeting, clothing, convenience stores,
dry goods, flowers, fast food establishments, food, furniture, gasoline,
hardware, household supplies, lumber, jewelry, machinery, newspapers,
office equipment, paint, Periodicals, pharmaceuticals, sporting goods,
stationery, and tobacco.
An establishment where horses are boarded and cared for and
where instruction in riding, jumping, and showing is offered and where
horses may be hired for riding.
The surface of and space above and below any real property
in the municipality in which the federal government, commonwealth,
municipality or municipal authority has a regulatory interest, or
interest as a trustee for the public, as such interests now or thereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
federal government, commonwealth, municipality or municipal authority,
and any nonexclusive public or utility easements established, dedicated,
platted, improved or devoted for utility purposes. Private rights-of-way
and other government-owned lands not listed above shall not be considered
a right-of-way. The phrase "in the right(s)-of-way" means in, on,
over, along, above and/or under the right(s)-of-way.
[Added 8-15-2016 by Ord.
No. 2016-05]
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.
[Added 10-17-2022 by Ord. No. 2022-03]
A system designed to collect, treat and dispose of sewage
from users in compliance with state and local regulations.
|
COMMUNITY SYSTEM — A sewage disposal system which collects,
treats and disposes of sewage from more than one source by a system
of pipes to a central treatment and disposal plant, generally serving
a neighborhood area.
| |
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ON-LOT SYSTEM — A sewage disposal system which collects,
treats and disposes of sewage or holds sewage from only one dwelling,
principal use or lot.
| |
|
PUBLIC SYSTEM — A sewage disposal system, owned or offered
for sale to the UTMA, which collects, treats and disposes of sewage
from more than one source by a system of pipes to a central treatment
and disposal plant but not confined to a neighborhood area.
|
A fence of a height as specified in this chapter that is
installed and maintained to control access to a use that requires
specialized safety measures.
Alternating changes in light intensity caused by moving wind
rotor blades, casting shadows on the ground and stationary objects.
[Added 10-17-2022 by Ord. No. 2022-03]
Facilities providing counseling and temporary safe/secure
environments for up to 10 persons who have suffered physical abuse,
mental abuse, or traumatic life event and need a protective environment
during a period of recovery. No less than two live-in security-trained
and certified staff shall be on site, plus such additional staff as
are required under the facility's operations policies and the emergency
management and security plans on record with the Township. Shelter
housing would include facilities specializing in providing supportive
services to: victims of domestic abuse; survivors of trafficking and
sexual exploitation; and, persons finding themselves homeless after
a traumatic life event.
[Added 9-16-2019 by Ord. No. 2019-2]
Any structure, building, wall, or other outdoor surface,
or any device or part thereof, which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device, or other representations
used for announcement, direction or advertisement. The word "sign"
includes the word "billboard" but does not include the flag, pennant,
or insignia of any nation, state, city or other political unit nor
public traffic or directional signs.
A sign which is displayed for a short period of time as specified
in the sign regulation, for less than 30 days, except as otherwise
more specifically provided for elsewhere in this chapter.
[Amended 12-18-2017 by Ord. No. 2017-03]
For towers other than towers in the public right-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
[Amended 8-15-2016 by Ord. No. 2016-05]
All equipment required for the operation and maintenance
of so-called small cell wireless communications facilities (WCFs)
that transmit and/or receive signals but are not major telecommunications
facilities, including antennas, microwave dishes, power supplies,
transformers, electronics, and other types of equipment required for
the transmission or receipt of such signals.
[Added 7-19-2021 by Ord. No. 2021-02]
An area of sky typically described as the three dimensional
space in which obstructions are prohibited in order to maintain or
protect solar access for a proposed solar collection system.
A system of a group of solar panels connected together.
[Added 5-16-2022 by Ord. No. 2022-02]
The low-voltage electric lines which connect solar-related
equipment.
[Added 5-16-2022 by Ord. No. 2022-02]
A device or combination of devices and structures, that transforms
direct solar energy into thermal, chemical or electrical energy.
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.
[Added 5-16-2022 by Ord. No. 2022-02]
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
[Added 5-16-2022 by Ord. No. 2022-02]
An area of land used for a solar energy system principally
to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for off-site
use. A solar energy facility consists 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 producing energy
for off-site use. The production of energy or power on common areas,
open space or other community lands within a subdivision constitutes
producing energy for off-site use.
[Added 5-16-2022 by Ord. No. 2022-02]
A grouping of two or more solar energy facilities which are
held by owner or leased to a common lessor and which are part of a
single solar energy production development project.
[Added 5-16-2022 by Ord. No. 2022-02]
A complete design or assembly of solar panels, solar arrays,
solar array connections, solar collectors and solar-related equipment.
[Amended 5-16-2022 by Ord. No. 2022-02]
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.
[Added 5-16-2022 by Ord. No. 2022-02]
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 foundations or other
structures used for or intended to be used for collection of solar
energy.
[Added 5-16-2022 by Ord. No. 2022-02]
Waste, including solid, liquid, semisolid, or contained gaseous
materials.
A use permitted in a particular district by the Zoning Hearing
Board, to occupy or use land for a specific purpose in accordance
with this chapter, when such use is not permitted by right.
Signs, displays, banners, pennants or other advertising devices
erected on a property to promote a special event, sale, or gathering.
[Added 12-18-2017 by Ord.
No. 2017-03]
Section 5903 of Title 18 of the Pennsylvania Consolidated
Statutes, as amended.
Camouflaging methods applied to wireless communication towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, or light poles.
[Added 8-15-2016 by Ord.
No. 2016-05]
A portion of a lot, typically in the rear yard, where materials
are accumulated for a time period specified in this chapter.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between any floor and the ceiling
next above it. A basement, shall be deemed to be a story.
A public or private right-of-way, excluding driveways, intended
as a means of vehicular and pedestrian travel, furnishing access to
abutting properties. The word "street" includes "thoroughfare," "avenue,"
"boulevard," "court," "drive," "expressway," "highway" and similar
terms.
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ARTERIAL (MAJOR) STREET — A street serving a large volume
of comparatively high-speed and long-distance traffic.
| |
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COLLECTOR STREET — A street which, in addition to providing
access to abutting properties, intercepts minor streets to provide
a route serving 50 or more dwelling units to give access to community
facilities and/or arterial streets or other collector streets. Streets
within an industrial or commercial development shall be considered
collector streets.
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CUL-DE-SAC STREET — A minor street intersecting another
street at one end and terminating in a permanent vehicular turnaround
at the other end.
| |
|
INTERNAL STREET — A minor street used for circulation
and access within a development involving multi-residential, commercial
and/or industrial land uses.
| |
|
MARGINAL ACCESS STREET — A minor street, parallel and
adjacent to an arterial or collector street (but separating it by
a reverse strip) which provides access to abutting properties and
control of intersections.
| |
|
MINOR STREET — A street used primarily to provide access
to residential properties.
| |
|
PRIVATE STREET — A street not offered or intended to be
offered for dedication to the Township for public use. Private streets
are permitted only if they are designed and improved to meet Township
street standards.
| |
|
PUBLIC STREET — A street offered for dedication and accepted
by the Township for public use.
| |
|
SERVICE STREET (ALLEY) — A minor right-of-way providing
secondary vehicular access to the side or rear of two or more properties.
|
The lot dimension measured along the street line or right-of-way
line of any one street or highway abutting a lot.
Pedestrian-oriented accessories such as benches, bicycle
racks, planters, and waste receptacles.
The dividing line between a lot and the outside boundary
of a public street, road, or highway right-of-way legally open or
officially mapped by a municipality or higher governmental authority,
between a lot and the outside boundary of a street shown on a recorded
subdivision or land development plan, or between a lot and a private
street or road over which the owners or tenants of one or more lots
held in single and separate ownership have a right-of-way.
A use of a lot for activities that involve structures.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A modification to the physical dimensions of a tower or base
station, as measured from the dimensions of the tower or base station
inclusive of any modifications approved prior to the passage of the
Spectrum Act (effective February 22, 2012), if it meets any of the
following criteria:
[Added 8-15-2016 by Ord.
No. 2016-05]
For towers outside of a public right-of-way, it increases the
height by more than 20 feet or 10%, whichever is greater; for those
towers in the right-of-way and for all base stations, it increases
the height of the tower or base station by more than 10% or 10 feet,
whichever is greater;
For towers outside of public rights-of-way, it protrudes from
the edge of the tower more than 20 feet, or more than the width of
the tower structure at the level of the appurtenance, whichever is
greater; for those towers in the rights-of-way and for all base stations,
it protrudes from the edge of the structure more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the tower or base station;
It would defeat the existing concealment elements of the tower
or base station; or
It does not comply with conditions associated with the prior
approval of the tower or base station unless the noncompliance is
due to an increase in height, increase in width, addition of cabinets,
or new excavation that does not exceed the corresponding "substantial
change" thresholds.
The extraction of minerals, rock and other products of the
earth by activities conducted upon the surface of the land which require
the removal of the overburden, strata or material overlying, above
or between, the minerals, rock and other products of the earth, or
by otherwise exposing and retrieving the minerals from the surface.
Mining activities carried out beneath the surface by means of shafts,
tunnels or other underground mine openings are not included in this
definition.
A pond, lake, stream, creek, river or other like type natural
resource.
A body of water or receptacle for water having a depth at
any point greater than 18 inches which is primarily used or intended
to be used for swimming or bathing.
A structure that is erected without a foundation or footings
and is removed when the designated time period, activity, or use for
which such structure was erected has ceased.
When referring to a wind turbine, the distance measured from
the tower foundation at ground level to the top of the wind rotor
blade when it is rotated to its highest point.
[Added 10-17-2022 by Ord. No. 2022-03]
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 8-15-2016 by Ord.
No. 2016-05]
Union Township, Berks County, Pennsylvania.
An area of land typically developed for a compatible mixture
of residential units for various income levels and nonresidential
Commercial and workplace uses, including some structures that provide
for a mix of uses within the same building. Residences, shops, offices,
workplaces, public buildings, and parks are interwoven within the
neighborhood so that all are within relatively close proximity to
each other. Traditional neighborhood development is relatively compact,
limited in size and oriented toward pedestrian activity. It has an
identifiable center and a discernible edge. The center of the neighborhood
is in the form of a public park, commons, plaza, square or prominent
intersection of two or more major streets. Generally, there is a hierarchy
of streets laid out with an interconnected network of streets and
blocks that provides multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
The field cultivation of trees, directly in the soils on
site, of trees, ornamental trees, shrubs, flowers, vegetables or houseplants
for transplanting on site or for wholesale distribution.
The specific purpose for which land, a sign, or a structure
or building is designed, arranged, intended, or for which it may be
occupied or maintained, or any activity, occupation, business, or
operation which may be carried on thereon or therein. The term "permitted
use" or its equivalent shall not be deemed to include any nonconforming
use.
Relief, granted by the Zoning Hearing Board, from the terms
and conditions of this chapter, all in accordance with the provisions
established within this chapter and the Pennsylvania Municipalities
Planning Code (Act 247, as amended).[9]
A man-made structure typically made of brick, stone, or other
masonry material placed or arranged to enclose, screen, or separate
areas.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term "waste" shall also include and apply to waste
considered as either hazardous, contaminated, toxic, residual, municipal,
or recyclable, as defined by the PADEP and/or U.S. Environmental Protection
Agency.
A system designed to transmit water from the source to users,
in compliance with the requirements of the appropriate state agencies
and the Township.
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COMMUNITY WATER SUPPLY SYSTEM — A water supply system
which transmits from a common source to more than one dwelling, principal
use, and/or lot within a single neighborhood.
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ON-LOT WATER SUPPLY SYSTEM — A water supply system which
transmits water from a source on the lot to one dwelling; or principal
use on the same lot.
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PUBLIC OR MUNICIPAL WATER SUPPLY SYSTEM — A system of
water collection, storage, transmission and delivery, owned or offered
for sale to the UTMA, which is proposed to service a community, but
not confined to a single neighborhood.
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A stream with year-round or substantially year-round flow
such as a creek, stream, river, or other body of running water.
Pennsylvania Wireless Broadband Collocation Act.[10]
[Added 8-15-2016 by Ord.
No. 2016-05]
As defined by the Pennsylvania Department of Environmental
Protection (DEP), 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. The three
major characteristics of wetlands include vegetation, soil and hydrology.
An area of land used for a wind energy system to capture
wind energy, convert it to electrical energy, and supply electrical
power primarily for off-site use. A wind energy facility consists
of one or more wind turbines and other accessory structures and facilities
producing energy primarily to export for off-site use. The production
of energy or power on the common areas, open space, or other lands
within a residential community constitutes producing energy for export
for off-site use.
[Added 10-17-2022 by Ord. No. 2022-03]
The supporting structure of a wind turbine on which a rotor
and accessory equipment are mounted.
[Added 10-17-2022 by Ord. No. 2022-03]
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.
[Added 10-17-2022 by Ord. No. 2022-03]
Transmission through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 8-15-2016 by Ord.
No. 2016-05]
The antennas, nodes, control bases, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communication services.
[Added 8-15-2016 by Ord.
No. 2016-05]
A freestanding structure, such as a tower-based WCF, or any
other support structure that could support the placement or installation
of a wireless communication facility if approved by the Township.
[Added 8-15-2016 by Ord.
No. 2016-05]
The clear-cutting of mature trees (six inches or more in
caliper) to provide an adequate area for development.
Areas characterized by dense and extensive tree cover growing
closely together so that the drip lines touch or overlap, and in which
there is more than one viable tree of a diameter of six inches or
greater per 1,500 square feet of lot area. This definition includes
groves of lowering or sub-canopy trees, such as dogwood trees, and
young forest where the immature branches may not yet be interlocking.
To determine if an area has a minimum of one viable tree of six inches
or greater caliper per 1,500 square feet, the total area of land in
question (in square feet) shall be divided by 1,500. If the result
is equal to or less than the number of viable trees of the diameter
of six inches or greater, and meets the other stated characteristics,
the area in question is considered woodland.
An open space on the same lot with a structure (or a group
of structures) which lies between the structure (or a group of structures)
and a lot line and which is unoccupied and unobstructed from the ground
upward except as herein permitted. See Appendix B.
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FRONT YARD — A yard extending the full width of the lot
between a structure and the front lot line. On lots abutting more
than one public street other than an alley the front yard requirement
shall apply fronting each public street.
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REAR YARD — A yard extending the full width of the lot
between a structure and a rear lot line.
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SIDE YARD — A yard extending from the front yard to the
rear yard between a structure and the nearest side lot line.
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Division of all of the land of an entire political subdivision
into districts having different regulations pertaining to use of land;
and height, area, bulk, and use of buildings, and yard requirements.
Zoning is affected by local ordinance under the police power of the
state granted by specific legislation generally termed an "enabling
act."
A Board created by the governing body to hear matters as
provided for in this chapter.
The Union Township Zoning Map.
The agent or official designated by the governing body to
administer and enforce the Zoning Ordinance of the Township.
The Union Township Zoning Ordinance, as codified in Chapter 200 of the Code of Union Township [this chapter].
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Note: Any terms not defined above shall have the meaning as
described in Random House Webster's Unabridged Dictionary, most recent
edition.
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[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 18 Pa.C.S.A. § 5903.
[4]
Editor's Note: See 3 P.S. § 901 et seq.
[5]
Editor's Note: See 53 P.S. § 10604.2.
[6]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[7]
Editor's Note: The definition of "impervious surface coverage,"
which immediately followed this definition, was repealed 3-21-2016
by Ord. No. 2016-01.
[8]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: See 53 P.S. § 11702.1 et seq.
