[Ord. 294, 11/26/2007, § 27-202]
A-WEIGHTED SOUND LEVEL
The level so read is designated dB(A) or dBA as measured
on the slow weight scale. All sound levels referred to in this chapter
shall be measured in dBA.
ACCESSORY
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ACCESSORY BUILDING — See "building, accessory."
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ACCESSORY USE — See "use, accessory."
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ACT
The Pennsylvania Municipalities Planning Code, as amended,
53 P.S. § 10101 et seq.
ADULT CABARET
A cabaret which features go-go dancers, exotic dancers, strippers,
male or female impersonators, or similar entertainers, wherein such
an establishment is customarily not open to the public generally,
but only to one or more classes of the public, excluding any child
under 17 years of age, since admission of such child would violate
the criminal laws of the Commonwealth of Pennsylvania in effect at
the time thereof, and which is not under the exclusive jurisdiction
of the liquor control laws.
ADULT LIVE ENTERTAINMENT USE OR FACILITY
A use including live entertainment involving persons (which
may include, but is not limited to, waiters, waitresses, dancers,
clerks, contractors or others) displaying uncovered male or female
genitals or nude or nearly nude female breasts (including, but not
limited to, the wearing of only "pasties") or engaging in simulated
or actual "specified sexual activities" related to some form of monetary
compensation paid to a person, company or organization operating the
use or to persons involved in such activity.
A.
A use including live entertainment involving persons (which
may include, but is not limited to, waiters, waitresses, dancers,
clerks, contractors or others), which regularly features:
(1)
Persons who appear in a state of semi-nudity.
(2)
Live performances which are characterized by specified sexual
activities.
B.
Provided, however, that it shall be unlawful to appear in a
state of nudity in any such facility, except where: the appearance
is made by an employee of the facility, paid by the facility to appear
in such a state; the appearance is limited to the hours of 8:00 p.m.
to midnight Mondays through Saturdays; the employee appearing for
that purpose remains a minimum distance of at least five feet from
all spectators or patrons of the facility while in a state of nudity;
the act constitutes part of a bona-fide live communication, demonstration
or performance by such person where the same is expressive conduct
to a group of patrons in a public area of that facility, not in a
private area of any such facility; the facility is in compliance with
all Pennsylvania laws, including the banning of nude dancing at establishments
possessing liquor licenses. "Nudity" means the showing of the human
male or female genital, pubic area or buttocks with less than a fully
opaque covering: the showing of the female breast with less than a
fully opaque covering of any part of the nipple; the exposure of any
device, costume, or covering which gives the appearance of or simulates
the genitals, pubic hair, natal cleft, perineum anal region or pubic
hair region; or the exposure of any device worn as a cover over the
nipples and/or areola of the female breast, which device simulates
and gives the realistic appearance of nipples and/or areola.
C.
The prohibition against nudity set forth herein shall not apply
to:
(1)
Any child under 10 years of age.
(2)
Any individual exposing a breast in the process of breast-feeding
an infant under two years of age.
ADULT MINI-MOVIE THEATER
An enclosed building with a capacity for less than 50 persons
used for presenting Pornographic Materials-Class B.
ADULT MOVIE THEATER
An enclosed building with a capacity of 50 or more persons
used for presenting Pornographic Materials-Class B.
AGRICULTURAL OPERATION
An enterprise which 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
agricultural 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 of procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement or diminution, whether
by extending on a side or by increasing in height, or the moving from
one location or position to another.
ANTENNA
A device used to collect or transmit telecommunications or
radio signals. Examples are: panels, microwave dishes, and single
poles known as whips.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development including, but not limited to, an application for a building
permit for the approval of a subdivision plat or plan or for the approval
of a development plan.
AREA
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FLOOR AREA — The sum of the areas of the several floors
of the building or structure, including areas used for human occupancy
or required for the conduct of the business or use, and basements,
as defined herein, attics, and penthouses, as measured from the exterior
faces of the walls. It does not include cellars, as defined herein,
unenclosed porches, attics not used for human occupancy, nor any floor
space in an accessory building nor in the main building intended or
designed for the parking of motor vehicles in order to meet the parking
requirements of this chapter, nor any such floor space intended and
designed for accessory heating and ventilating equipment.
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LOT AREA — The area contained within the property lines
of the individual parcels of land, shown on a subdivision plan, or
required by this chapter, excluding any area within an existing or
designated future street right-of-way, or the area of any easement
which would interfere with the proposed use. In addition, the minimum
lot area does not include any area designated as open space. Adjoining
lots not held in single and separate ownership at the enactment of
this chapter shall be considered a single lot.
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AUTHORITY
A body politic and corporate created pursuant the Act of
May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."
BASEMENT
A space with less than one half its floor to ceiling height
below 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 (B & B)
Overnight accommodations and a morning meal in a dwelling
unit provided to transients for compensation.
BOARD
Any body granted jurisdiction under a land use ordinance
or under the Act to render final adjudications.
BOARDING HOUSE
Any dwelling with fewer than 10 sleeping rooms in which more
than two persons and less than five persons, either individually or
as families, are housed or lodged, for hire or otherwise, with or
without meals. A structure with more than 10 sleeping rooms and/or
in which more than five non-family members are lodged shall be deemed
a motel/hotel.
BUILD-TO LINE
The line which runs parallel to, and is measured from, the
front property line and is established to create a uniform building
facade line along a street. The build-to line differs from the front
yard setback in that the former is a specified distance that the front
wall of the proposed building(s) must be aligned from the right-of-way
line, and the latter is the minimum distance of the front wall of
the proposed building(s) from the right-of-way line.
[Added by Ord. 312, 4/24/2017]
BUILDING
A structure under roof, used for the shelter or enclosure
of persons, animals, or property. The word "building" shall include
any part thereof.
BUILDING HEIGHT
A vertical distance measured from the elevation of the proposed
finished grade at the front of the building to the highest point of
the roof for flat roofs, to the deck lines of mansard roofs, and to
the mean height between eaves and ridge for gable, hip and gambrel
roofs.
BUILDING SETBACK LINE
A line, parallel to the right-of-way line, measured from
side yard to side yard, on which a principal building is actually
placed. See "minimum building setback line."
BUILDING SPACING
The minimum distance between two buildings. The minimum building
spacing shall be measured from the outermost wall or projection, excluding
bay windows, chimneys, flues, columns, ornamental features, cornices
and gutters. These exceptions may encroach no more than two feet.
BUILDING, ACCESSORY
A subordinate building located on the same lot as a principal
building and clearly incidental and subordinate to the principal building.
Any portion of a principal building devoted or intended to be devoted
to an accessory use is not an accessory building.
BUILDING, PRINCIPAL
A building in which is conducted, or is intended to be conducted,
the principal use of the lot on which it is located.
CELLAR
A space which has less than one-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.
CELLULAR TELECOMMUNICATIONS FACILITY
A cellular telecommunications facility consists of the equipment
and structures involved in receiving telecommunication or radio signals
from a mobile radio communications source and transmitting those signals
to a central switching computer which connects the mobile unit with
other mobile units or land based telephone lines.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
COMPREHENSIVE PLAN ROAD
The proposed connector road from Rickert Road to Elephant
Road as shown in Appendix A of the Subdivision and Land Development
Ordinance.
[Added by Ord. 312, 4/24/2017]
CONDOMINIUM
A.
A condominium is an ownership arrangement and not a land use,
therefore it is allowed in any district and under the same restrictions
of the residential land use that comprises it.
B.
A condominium is a dwelling unit which has all of the following
characteristics:
(1)
The unit (the interior and associated exterior areas designated
for private use in the development plan) is owned by the occupant.
(2)
The unit may be any permitted dwelling type.
(3)
All or a portion of the exterior open space and any community
interior spaces are owned and maintained in accordance with the Pennsylvania
Unit Property Act of July 3, 1963, P.L. 196, and in accordance with
the provisions for open space, roads, or other development features
in this chapter and subdivision and land development regulations.
CONVERSION
A residential conversion is the transformation of a single-family
unit into apartments without disturbing the architectural character
of the house.
COUNTY
Bucks County, Pennsylvania.
DECIBEL
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals or 20
micronewtons per square meter.
DECISION
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or the Act to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of Bucks County.
DENSITY
A measure of the number of dwelling units per unit of area.
It shall be expressed in dwelling units per acre.
DETERMINATION
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
B.
The Zoning Hearing Board.
C.
The planning agency, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under the Subdivision and Land Development Ordinance [Chapter
22] or planned residential development provisions.
(1)
Determinations shall be appealable only to the boards designated
as having jurisdiction for such appeal.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, the placement
of mobile homes, streets, and other paving, utilities, filling, grading,
excavation, mining, dredging, or drilling operations and the subdivision
of land.
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
DORMITORY
A building occupied by and maintained exclusively for faculty,
students or other such persons affiliated with a school, church, recreational
or educational facility or other recognized institution, and when
regulated by such institution.
DRIVE-THROUGH
Any vehicle-related commercial facilities in which a service
is provided, or goods, food or beverage are sold to the operator of,
or passengers in, a motor vehicle without the necessity of the operator
or passengers disembarking from the vehicle.
[Added by Ord. 312, 4/24/2017]
DWELLING
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DWELLING — A structure or portion thereof which is used
exclusively for human habitation.
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DWELLING UNIT — One or more rooms, designed, occupied
or intended for occupancy as separate living quarters, with cooking,
sleeping and sanitary facilities provided within the dwelling unit
for the exclusive use of a single family maintaining a household.
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EXTRACTION OF MINERALS
The removal of 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.
FAMILY
One or more persons related by blood, foster relationship,
marriage or adoption, and in addition, any domestic servants or gratuitous
guests thereof; or a group of not more than five persons who need
not be so related, and in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
FLOOR AREA RATIO
The ratio of the floor area to the lot area, as determined
by dividing the floor area by the lot area. See "area, floor area."
FORESTRY
Establishments primarily engaged in the operation of timber
tracts, tree farms, forest nurseries, the gathering of forest products,
or in performing forest services.
GROSS FLOOR AREA
The sum of the gross horizontal areas of all floors of a
building, measured from the exterior faces of the exterior walls or
from the center line of walls separating two buildings. Gross floor
area does not include basements when at least 1/2 the floor-to-ceiling
height is below grade, accessory parking (i.e., parking that is available
on or off site that is not part of the use's minimum parking
standard), attic space having a floor-to-ceiling height less than
seven feet, exterior balconies, uncovered steps, or inner courts.
[Added by Ord. 312, 4/24/2017]
HEARING
An administrative proceeding conducted by a board pursuant
to § 909.1 of the Act, 53 P.S. § 10909.1.
HOME OCCUPATION
An activity for gain customarily carried on in a dwelling,
or in a building or structure accessory to a dwelling, clearly incidental
and secondary to the use of the dwelling for residential purposes.
IMPERVIOUS SURFACE
Impervious surfaces are those surfaces which do not absorb
rain. All buildings, parking areas, driveways, roads, sidewalks, and
any areas in concrete, asphalt, and packed stone shall be considered
impervious surfaces within this definition. In addition, other areas
determined by the Borough Engineer to be impervious within the meaning
of this definition will also be classed as impervious surfaces.
IMPERVIOUS SURFACE RATIO
The impervious surface ratio is a measure of the intensity
of use of a piece of land. It is measured by dividing the total area
of all impervious surfaces within the site by the base site area.
JUNKYARD
See "salvage yard/recycling facility."
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two 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.
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
LAND OWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the land owner,
or other person having a proprietary interest in land.
LAND USE ORDINANCE
Any ordinance or map adopted pursuant to the authority granted
in Articles IV, V, VI and VII of the Act, 53 P.S. §§ 10401
et seq., 10501 et seq., 10601 et seq., 10701 et seq.
LOT
A parcel of land, used or set aside and available for use
as the site of one or more buildings and any buildings accessory thereto
or for any other purpose, in one ownership and not divided by a street,
nor including any land within the right-of-way of a public or private
street upon which said lot abuts, even if the ownership to such right-of-way
is in the owner of the lot. A lot, for the purpose of this chapter,
may or may not coincide with a lot of record. In general, a lot is
a designated parcel, tract or area of land established by a plat or
otherwise as permitted by law and used, developed or built upon as
a unit.
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AVERAGE LOT AREA PER DWELLING UNIT — The average lot area
for all dwelling units of a single type. Individual lots may be smaller
or larger than the average; provided that the average size is maintained
and that all other standards of this chapter are met.
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LOT AREA — See "area, lot area."
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LOT, CORNER — A lot which has an interior angle of less
than 135° at the intersection of two street lines. A lot abutting
upon a curved street or streets shall be considered a corner lot if
the tangent to the curve at the points beginning within the lot or
at the points of intersection of the side lot lines with the street
lines intersect at an angle of less than 135°.
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LOT, DEPTH OF — The mean distance from the street line
of the lot to its opposite rear line, measured in the general direction
of the side lines of the lot.
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LOT, THROUGH — An interior lot having frontage on two
parallel or approximately parallel streets.
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LOT WIDTH — The distance measured between the side lot
lines at the minimum building setback line. In a case where there
is only one side lot line, lot width shall be measured between such
side lot line and the opposite rear lot line or street line.
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LOT LINES —
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LOT LINES — Any boundary line of a lot.
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LOT LINE, REAR — Any lot line which is parallel to or
within 45° of being parallel to a street line, except for a lot
line that is itself a street line, and except that in the case of
a corner lot the owner shall have the option of choosing which of
the two lot lines that are not street lines is to be considered a
rear lot line. In the case of a lot having no street frontage or a
lot of an odd shape, only the one lot line furthest from any street
shall be considered a rear lot line.
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LOT LINE, SIDE — Any lot line which is not a street line
or a rear lot line.
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MAXIMUM BUILDING FOOTPRINT
The area within the perimeter of a building measured at the
foundation. It shall include roofed areas and any cantilevered portions
of the building. The term "building footprint" shall not include open
uncovered patios, decks, unroofed stoops or stairs or roof projections.
[Added by Ord. 312, 4/24/2017]
MINERALS
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.
MIXED-USE BUILDING
A building designed to encourage a diversity of compatible
land uses, which include a mixture of two or more of the following
uses: residential, office, and commercial.
[Added by Ord. 312, 4/24/2017; amended by Ord. No. 324, 6/10/2019]
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 connections and other appurtenances necessary for
the erection thereon of a single mobile home.
MOBILE HOME PAD
That part of an individual lot which has been reserved for
the placement of the mobile home, appurtenant structures, or additions
and constructed according to specifications in this chapter.
MOBILE HOME PARK
A parcel or contiguous parcel of land which has been so designated
and improved and which contains two or more mobile home lots for the
placement thereon of mobile homes.
MODULAR HOME
A dwelling unit erected on a foundation and made of one or
more sections built in a factory. The completed unit must meet the
building code which is in effect. The modular home is considered to
be real property.
MOTEL/HOTEL/INN
A building or group of buildings used for the accommodations
of transient guests, containing more than 10 sleeping rooms for rent
and/or in which more than five non-family members are lodged.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
NONCONFORMING LOT
A 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 reason of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter prior to the
enactment of such ordinance or amendment prior to the application
of such ordinance or amendment to its location by reason of annexation.
Such nonconforming structures include, but are not limited to, nonconforming
signs.
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
heretofore 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.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article IV of the
Act, 53 P.S. § 10401 et seq.
OPEN SPACE
Open space is land used for recreation, resource protection, amenity, or buffers; and is protected by the provisions of this chapter and the Subdivision and Land Development Ordinance [Chapter
22] to ensure that it remains in such uses.
PARKING LOT
An off-street improved area, with individual access, for
the purpose of parking a motor vehicle, which contains more than three
spaces.
PERMIT
A legal document issued by a governmental authority permitting
some type of action.
PERMIT, OCCUPANCY
A required permit allowing occupancy of a building or structure
after it has been determined that the building meets all the requirements
of applicable ordinances.
PERMIT, ZONING
A document signed by the Zoning Officer, as required in this
chapter, 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, which acknowledges
that such use, structure or building complies with the provisions
of the municipal zoning or authorized variance therefrom.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density
or intensity, lot coverage and required open space to the regulations
established in one district created, from time to time, under the
provisions of a municipal zoning ordinance.
PLANNING AGENCY
A planning commission, planning department or a planning
committee of the Borough.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PORNOGRAPHIC MATERIALS, BURDEN OF PROOF
The burden of proof in distinguishing Class A Pornographic
Materials from Class B Pornographic Materials is upon the use. Dublin
Borough intends that the definitions in this section be given a reasonable
and constitutional construction in adopting the state standard as
the community standard. Dublin Borough makes no commitment to pre-censor
such materials for legality. Nothing herein is intended to encourage,
enhance or legalize any use of land in Dublin Borough toward the purposes
of criminal offenses, including the sexual abuse of or the degradation
of human beings of any age, sex or condition, nor is this chapter
intended to insulate the user from legal damages of such victims.
PORNOGRAPHIC MATERIALS-CLASS A
Those things defined as crimes under state law, i.e., § 6312
of the Crimes Code, 18 Pa.C.S.A. § 6312, pertaining to "Sexual
Abuse of Children," and § 5903, 18 Pa.C.S.A. § 5903,
pertaining to "Obscene and Other Sexual Material," and are unprotected
under the First Amendment of the United States Constitution.
PORNOGRAPHIC MATERIALS-CLASS B
Other things which are not prohibited by state law, which
have to do with human sexuality and are protected under the First
Amendment of the United States Constitution.
PRESERVATION OR PROTECTION
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 lawful uses of
natural resources.
PRIME AGRICULTURAL LAND
Land use for agricultural uses that contains soils of the
first, second or third class as defined the United States Department
of Agriculture Natural Resources and Conservation Services County
Soil Survey.
PRINCIPAL
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PRINCIPAL BUILDING — See "building, principal."
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PRINCIPAL USE — See "use, principal."
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PUBLIC GROUNDS
Public grounds include:
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 Dublin
Borough or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this Act, 53 P.S. § 10101
et seq.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A., Ch.
7 (relating to open meetings).
PUBLIC NOTICE
Notice published one each week for two successive weeks in
a newspaper of general circulation in Dublin Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
RECREATIONAL VEHICLE
A vehicular type portable structure without permanent foundation,
which can be towed, hauled, or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use and
including, but not limited to, travel trailers, truck campers, camping
trailers and self-propelled motor homes.
RENEWABLE ENERGY SOURCE
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
RIGHT-OF-WAY
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RIGHT-OF-WAY —
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(1)
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A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary, or storm sewer and
other similar uses.
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(2)
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Generally, the right of one to pass over the property of another.
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RIGHT-OF-WAY, EXISTING — The legal right-of-way as established
by the commonwealth or other appropriate governing authority and currently
in existence.
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RIGHT-OF-WAY, FUTURE — The right-of-way deemed necessary
to provide adequate width, as established in the Borough Comprehensive
Plan, for future street improvements.
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REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
SALVAGE YARD/RECYCLING FACILITY
An area of land, with or without buildings, used for the
storage (outside of a completely enclosed building) of used, salvaged
or discarded materials, house furnishings, machinery, vehicles or
parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The deposit or storage
of two or more motor vehicles not having valid registration or of
two or more wrecked or broken vehicles, or the major parts of two
or more such vehicles, shall be deemed to make the lot a junkyard.
This definition shall not apply to lots occupied by uses D17 Service
Station or D18 Automotive Repair. A facility in which recyclables,
such as newspapers, magazines, books and other paper products; glass;
metal cans; and other products, are recycled, reprocessed, and treated
to return such products to a condition in which they may be again
used in new products.
SANITARY SEWER
Any sewer system in which sewage is collected from more than
one lot and piped to an approved sewage disposal plant or central
septic tank disposal system. It may also be referred to as "off-lot"
or "off-site" sewer. This shall include capped sewers when installed
to Borough specifications.
SIGNS
See Part 8 for sign definitions.
SITE
The site shall be defined as a parcel or parcels of land
intended to have one or more buildings or intended to be subdivided
into one or more lots.
SITE AREA
All land area within the site as defined in the deed. Area
shall be from an actual site survey rather than from a deed description.
SOUND
An oscillation in pressure, particle displacement, part velocity,
or other physical parameter, in a medium with internal forces that
causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
SOUND LEVEL METER
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
networks used to measure sound pressure levels.
SPECIAL EXCEPTION
A use permitted in particular zoning district pursuant to
the provisions of Articles VI and IX of the Act and this chapter.
STORY
That part of a building located between any floor and the
floor or roof next above. The first story of a building is the lowest
story having 75% or more of its wall area above grade level. A half-story
is a story under a gable, hip or gambrel roof, the wall plates of
which on at least two opposite exterior walls are not more than two
feet above the floor.
STREET
Any vehicle way which: (A) is an existing state, county or
municipal roadway; or (B) is shown upon a plat approved pursuant to
law; or (C) is approved by other official action; or (D) is shown
on a plat duly filed and recorded in the office of the county recording
officer prior to the enactment of this chapter; and includes the land
between the street lines, whether improved or unimproved. "Street"
includes street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways used or intended to be used
by vehicular traffic or pedestrians, whether public or private.
STREET LINE
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way; provided, that where
a future right-of-way width for a road or street has been established,
then that width shall determine the location of the street line.
STRUCTURE
A combination of materials assembled, constructed or erected
at a fixed location, including a building, the use of which requires
location on the ground or attachment to something having location
on the ground, and any man-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to the land.
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 of the purpose, whether
immediate or future, of lease, partition by the Court for distribution
to heirs of devisees, transfer of ownership or building or lot development.
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling shall be
exempted.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to § 509 of the Act, 53 P.S.
§ 10509, of those improvements required as a condition for
final approval have been completed in accordance with the approved
plan, so that the project will be able to be used, occupied or operated
for its intended use.
TOWER
A tower is a structure that supports equipment used to transmit
and/or receive and relay telecommunications signals. Examples of such
structures include water towers, monopoles and lattice construction
steel structures.
USE
Any activity, occupation, business, or operation carried
on, or intended to be carried on, in a building or other structure
or on a tract of land.
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USE, ACCESSORY — A use located on the same lot with a
principal use, and clearly incidental or subordinate to, and in connection
with, the principal use.
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USE, PRINCIPAL — The main use on a lot.
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UTILITIES
Those services customarily rendered by public utility corporations,
municipalities, or municipal authorities, in the nature of electricity,
gas, telephone, water, and sewerage, including the appurtenances used
in connection with the supplying of such services (buildings, wires,
pipes, poles and the like).
VETERINARY OFFICE
A medical facility for the care of animals which does not
provide boarding services.
WATER SUPPLY
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MUNICIPAL WATER SUPPLY — Any water supply system dedicated
to the public. Such systems shall include any existing private franchise
area and the entire system; or a water supply capable of supporting
the entire development, or a standpipe or water storage system meeting
Borough specifications.
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ON-LOT WATER SUPPLY — Supplies water to one building and
its accessory buildings on a single lot from an individual well located
on the same lot.
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WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within a municipality.
YARD
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YARD — An open area unoccupied, except for permitted projections
and plantings, on the same lot with a structure, extending along a
lot line or street line and inward to the structure. The size of a
required yard shall be measured as the shortest distance between the
structure and a lot line or street line.
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YARD, FRONT — A yard between a structure and a street
line and extending the entire length of the street line. In the case
of a corner lot, the yards extending along all streets are front yards.
In the case of a lot other than a corner lot that fronts on more than
one street, the yards extending along all streets are front yards.
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YARD, REAR — A yard between a structure and a rear lot
line and extending the entire length of the rear lot line.
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YARD, SIDE — A yard between a structure and a side lot
line, extending from the front yard to the rear yard. In the case
of a lot having no street frontage or a lot of odd shape, any yard
that is not a front yard or a rear yard shall be considered a side
yard.
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