For purposes of this chapter, certain words shall be interpreted
as follows:
A.
Words used in present tense include the future.
B.
The singular number includes the plural and the plural includes the
singular.
C.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," and "occupied for."
D.
The word "person" includes an individual, corporation, partnership,
incorporated association, and/or any other similar entity.
E.
The words "include" or "including" shall not limit the term to the
specified examples, but are intended to extend the meaning to all
other instances of like kind and character.
F.
The words "building" or "structure" shall always be construed as
if followed by the words "or part thereof."
G.
The word "may" is permissive, and the words "shall" and "will" are
always mandatory.
[Amended 12-1-2004 by Ord. No. 508; 3-1-2006 by Ord. No. 518; 7-12-2006 by Ord. No. 519; 3-7-2007 by Ord. No. 526]
Words and terms used in this chapter shall have the meanings
given in this article. Unless expressly stated otherwise, any pertinent
word or term not a part of this listing, but vital to the interpretation
of this chapter, shall be construed to have its legal definition,
or in absence of a legal definition, its meaning as commonly accepted
by practitioners, including civil engineers, surveyors, architects,
landscape architects, and planners.
A privately owned, constructed, and maintained vehicular
access from a public or private right-of-way to off-street parking
or loading spaces.
A structure or building detached from a principal building
on the same lot and customarily incidental and subordinate to the
principal building or use.
A use on the same lot and customarily incidental and subordinate
to the principal building or use.
A piece of land which provides physical access to and legal
road frontage for a lot, but which does not comply with the minimum
lot width regulations of this chapter. Access strips provide access
to flag, rear, or interior lots. The area of an access strip shall
not be included in the minimum lot area required under the provisions
of this chapter.
See Pennsylvania Municipalities Planning Code.[1]
An extension or increase in floor area or height of a building
or structure.
Any premises operated for profit or not for profit in which
older adult daily living services, as defined herein, are simultaneously
provided for four or more adults who are not relatives of the operator.
The following types of adult day-care facilities are regulated by
this chapter:
ADULT DAY-CARE HOMEAny adult day-care facility in which services are provided to between four and eight adults, and where the day-care areas are being used as a family residence.
ADULT DAY-CARE CENTERAny adult day-care facility in which services are provided to eight or more adults, and where the day-care areas are not being used as a family residence.
Any business, club, or other similar operation which permits
patrons, clients, visitors, or members to hear, view, read, lease,
purchase, trade, exchange, and/or participate in activities, publications,
movies, video tapes, and/or live or televised performances which have
as their dominant theme or themes explicit sexual activities and/or
the exhibition of portions of the human or animal anatomy which are
not normally seen in public or in commercial or other club-type operations,
including the genital areas, buttocks, and female breasts, and which
operations may or may not exclude minors by virtue of age. Included
in the term "adult use" are bookstores, movie theaters, restaurants,
bars, and any other operation which qualifies for inclusion by virtue
of the definition above, regardless of the type of other uses or operations
which may also be conducted on or in the property or properties involved.
The cultivation of the soil, and the raising and harvesting
of products of the soil, including, but not limited to, nursery, horticulture
and floriculture operations and animal and poultry husbandry. This
definition also includes all necessary accessory uses for packing,
treating, and storing agricultural products; provided, however, that
the operation of any such accessory uses shall be secondary to that
of the normal agricultural activities.
A minor vehicular right-of-way, public or private, on which
no principal structures front, which serves as the secondary means
of access to two or more properties which otherwise front on a public
street.
As applied to building or structure, a change or rearrangement
in the structural parts or mechanical equipment, or any enlargement
or diminution of a building or structure, whether horizontally or
vertically, or the moving of a building or structure from one location
to another.
A subordinate use that is controlled by a larger permitted
use. An example is a garage which also sells tires, batteries, and
other auto accessories or garden shop controlled by a department store.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
The raising and keeping of livestock, fish, fur-bearing animals,
honeybees, or poultry for any commercial purpose. The keeping of livestock,
fish, fur-bearing animals, honeybees, or poultry as farm pets or for
domestic purposes shall not be construed as animal husbandry.[2]
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
A person who has filed an application for approval of subdivision,
land development plan, variance, special exception, or conditional
use, including his/her heirs, successors, agents, and assigns. The
term also includes landowner, developer, builder, and/or other persons
responsible for the plans and construction or building or other improvements
on any parcel of land.
An underground bed or stratum of earth, gravel, or porous
stone that contains water.
The exposed ground level portion of an aquifer.
A place of business where three or more coin-operated video
screen or pinball game machines are located.
See "acreage, gross or net."[3]
A building containing a stage and seating for meetings and/or
performances.
Any premises used for supplying gasoline and oil, tires,
accessories and/or services for motor vehicles at retail direct to
the motorist consumer, including the making of automotive repairs.
The dismantling or disassembling of used motor vehicles or
recreation vehicles, or the storage, sale, or dumping of dismantled,
partially dismantled, obsolete, or wrecked vehicles or their parts.
Financial or fiduciary institution, including savings and
loan, finance companies, credit unions, and other similar institutions.
A space having one-half or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet. A space which does not meet
the above criteria is a cellar.
A home occupation that provides one to six rooms (limited
to two persons or one family per unit/room) for occasional paying
guests on an overnight basis for periods not to exceed 14 days with
breakfast being available on the premises at no additional cost. A
bed-and-breakfast home is allowable only in a building originally
constructed as a single-family detached dwelling.
A commercial building that provides up to 20 rooms (limited
to two persons or one family per unit/room) for paying guests on an
overnight basis for periods not to exceed 14 days with breakfast being
available on the premises at no additional cost. This use is not permitted
in a single-family dwelling.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to development.
A building consisting of a single dwelling unit and no more
than five rooms or suites, where lodging is provided with or without
meals to tenants for periods generally longer than 30 days, for compensation.
All Borough buildings, structures and uses, including, but
not limited to, governmental offices, garages for the storage of tools,
equipment and vehicles, Borough-sponsored police and emergency services,
including those volunteer fire departments and emergency services
departments which are partially or wholly funded by the Borough of
Collegeville, and the use of land for stockpiling of materials used
by the Borough in its Borough functions.
[Added 6-1-2011 by Ord.
No. 550]
An area designed and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Unless otherwise specified, "buffer" may be included as part
of the required setbacks and yard areas.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, goods, or materials of any kind or nature.
(Also see "accessory structure or building" and "principal building.")
The Building Inspector or other person officially appointed
by Borough Council to administer and enforce the Borough building
code.
The ratio obtained by dividing the maximum horizontal cross-section
of all principal and accessory buildings on a lot (including covered
balconies, covered decks, covered porches, carports, and breezeways,
but excluding patios) by the total area of the lot upon which the
buildings are located.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side, and rear yard areas, and encompasses the area of the lot not
found in the yard areas and rights-of-way.
See "building code official."
The line which serves as the rear boundary of the minimum
front yard and which is used for the purpose of measuring lot width
(see also "yard line").
Tree diameter measured at a depth of breast height (dbh).
A plot of ground upon which two or more campsites are located,
established, or maintained for occupancy by camping units of the general
public as temporary living quarters for recreation, education, or
vacation purposes.
The person responsible for the direct care, protection, supervision,
and guidance of individuals in a day care setting.
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
The paved portion of a street or highway designed for vehicular
traffic.
That portion of a building which is partly or completely
below grade, and having more than one-half of its height below grade
(see "basement").[4]
Land used or intended to be used for the burial of the deceased,
including columbaria, crematories, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within its boundaries.
A sewage disposal network and facilities, or water supply
network serving a group or series of property owners in common; may
be publicly or privately owned.
A person under 16 years of age.
The following types of child day-care facilities are regulated
by this chapter:
DAY-CARE CENTERA facility in which care is provided for seven or more children at any one time, where the child care areas are not being used as a family residence.
FAMILY DAY-CARE HOMEAny premise other than the child's own home, in which child day care is provided at any one time to four, five, or six children who are not relatives of the caregiver, and where the child care areas are being used as a family residence.
GROUP DAY-CARE HOMEA facility in which care is provided for more than seven but less than 12 children at any one time, where the child care areas are being used as a family residence.
One or more buildings or structures which by design and construction
are primarily intended for the conducting of organized religious services
and accessory uses associated therewith.
The temperature at which a liquid sample produces sufficient
vapor to flash, but not ignite, when in contact with a flame in a
closed cup tester.
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and/or bylaws.
A parcel or parcels of land within a development site designed
and intended for the use or enjoyment of the residents of the development,
not including streets, off-street parking areas and areas set aside
for public facilities. Common open space shall not be part of individual
residential lots, and shall be substantially free of structures but
may contain such recreational facilities for residents as are shown
in the approved development plan.
That area which is set aside for public use and enjoyment
as part of a planned commercial center or mixed use office and commercial
development, where required by this chapter. A common use area may
contain green area, recreation facilities, courtyards, plazas, and
other public amenities, but shall be substantially free of structures.[5]
The Collegeville Borough Comprehensive Plan and amendments
thereto, including maps, charts, and/or descriptive matter officially
adopted by the Borough Planning Commission and Borough Council, indicating
recommendations for the continuing development of the municipality
and including all elements required by the Pennsylvania Municipalities
Planning Code.[6]
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Borough Council. The Borough Council is empowered
to grant permission for conditional uses, consistent with the public
interest, in compliance with the standards and procedures established
in this chapter, following thorough examination of the proposal, and
under any reasonable safeguards necessary to implement the purposes
and intent of this chapter and to protect the general welfare of the
Borough.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act.[7]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
Sharing a boundary; for purposes of this chapter, properties
on opposite sides of a public right-of-way shall not be considered
contiguous.
An establishment which includes the sale of retail items,
including, but not limited to, dry goods, prepared foods and foods
prepared on site which can be consumed on premises in seating provided
or off premises, and the retail sale of motor vehicle fuel (including
gasoline and diesel) on property where the subject lot is at least
1 1/2 acres, has street frontage on three sides, and whose principal
building on the subject lot exceeds 5,000 square feet. Motor vehicle
fuel pumps shall be located under the cover of a canopy.
[Added 6-7-2017 by Ord.
No. 583]
The remodeling or alteration of a structure so as to accommodate
more leasable or saleable units or a different use than what had originally
been intended for the structure. Includes the alteration of a nonresidential
structure into a dwelling unit(s) for at least one family, the modification
of a single-family structure to accommodate more units than originally
intended, the alteration of existing dwellings into a commercial use,
and the alteration of an existing dwelling into a mixed commercial
and residential use.
The County of Montgomery, Commonwealth of Pennsylvania.
A drain, ditch, or conduit not incorporated in a closed system,
that carries drainage water under a driveway, roadway, or paved area.
An amendment, submitted either by a citizen or by the municipality,
to be considered by the Borough Council as a potential cure for a
successful challenge to the substantive validity of a land use ordinance.
A substantive challenge to the validity of the land use ordinance
and/or map, brought before the Zoning Hearing Board for consideration.
See "child day-care facility," "adult day-care facility."
The unit of measurement for sound pressure level at a specific
location.
BA The A-weighted unit of sound pressure level.
BC The C-weighted unit of sound pressure level.
WEIGHTING— The electronic filtering in sound level meters that models human hearing frequency sensitivity.
WEIGHTING— The electronic filtering of sound level meters that models a flat response (output = input) over the range of maximum human hearing sensitivity.
An unroofed structure projecting from the front, side or
rear wall of a building.
A written instrument whereby an estate in real property is
conveyed by a grantor to a grantee.
A restriction upon the use of a property placed in a deed.
A deed in which, either expressly or by implication, the
grantor guarantees that the title which he undertakes to transfer
has not been previously conveyed by him and is free from defects and
that the property is unencumbered except as stated, and for himself
and heirs, agrees to defend and protect the grantee against any loss
which may be suffered by reason of the existence of any other title
or interest in the property existing at the time the deed was executed
and not accepted therein.
The number of dwelling units per net acre.
A facility for the temporary storage of stormwater runoff.
Materials which decompose by detonation. Such materials include
explosives, unstable compounds, and fissionable matter.
A rapid buildup of a destructive pressure wave caused by
chemical reaction and/or the sudden release of energy.
Any man-made change to improved or unimproved real estate
including buildings or other structures, streets and other paving,
utilities, mining, dredging, filling, grading, excavation, or drilling
operations.
The provisions for guiding development, including a plan
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, parking facilities, ways, common open space, and public facilities.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air, or is discharged
to the waters of the commonwealth.
The natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
An establishment which by design, physical facilities, service,
or by packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles.
A customer service facility designed for the convenience
of the motoring public accessory to an office, bank, restaurant, or
retail establishment which is intended to enable the customer to transact
business with a person located within a structure or with a machine
without exiting the motor vehicle.
A private cartway providing vehicular access between a public
street and a lot or property.
See "solid waste disposal facility."
For the purposes of this chapter, the following are the definitions
of the various types of dwelling units:
SINGLE-FAMILY DETACHED DWELLINGA dwelling designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.
TWO-FAMILY BUILDINGA residential building containing two dwelling units and which is not attached to any other building. A two-family building counts as two dwelling units for density purposes.
TWIN (SINGLE-FAMILY SEMIDETACHED)A two-family building with dwelling units placed side by side, and joined to each other by a vertical common party wall but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall. Separate ingress and egress is provided to each unit.
DUPLEX (TWO-FAMILY DETACHED)A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot. Separate ingress and egress is provided to each unit.
SINGLE-FAMILY ATTACHED DWELLING UNITA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprised of at least three dwelling units. Each dwelling unit may be individually lotted, or owned as a condominium. This dwelling type shall include, but not be limited to, dwelling units commonly known as "townhouses," "row houses," "triplexes," "quadriplexes," and "multiplexes."
TOWNHOUSE (ROW HOUSE)A single-family attached dwelling in a row of at least three units, with one dwelling unit from ground to roof, with individual outside access. Although these units are in rows, their design should de-emphasize a lined-up appearance.
MULTIPLEXAn attached dwelling arranged in a group of no more than six units, in a variety of configurations: side-by-side, back-to-back, or vertically. Because of the variety of configurations, a multiplex can be designed to look like a large, single-family detached house; this feature is encouraged.
MULTIFAMILY BUILDINGA detached residential building containing three or more dwelling units. Units may not be arranged entirely in horizontal rows (like townhouses), and are generally located entirely above or below one another. Units may share outside access and/or internal hallways, lobbies, and similar facilities. The dwelling units cannot be individually lotted, but instead, share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as a rental or condominium development. This dwelling type includes, but is not limited to, garden apartments, flats and multifamily conversions, as defined below:
[Amended 6-1-2022 by Ord. No. 610]
MULTIFAMILY CONVERSIONA multifamily dwelling containing not more than four dwelling units, that results from the conversion of a single-family or two-family dwelling.
APARTMENTA single dwelling unit in a multifamily building or duplex or a single dwelling unit located above a first floor commercial or office use in a mixed use structure.
MULTIFAMILY STUDENT BUILDINGA multifamily building on a parcel existing as part of a partnership agreement with a college or university that is an accredited educational institution located in Collegeville Borough, where the units are designated for and occupied by students. Multifamily student buildings must be mixed use, including both multifamily units and commercial uses. The ground floor of a multifamily student building is required to be commercial uses with the residential uses located on the second floor or above. A first-floor entrance to the upper level residential uses is permitted.
[Added 6-1-2022 by Ord. No. 610]
STUDENT DWELLINGA building containing three or more dwelling units on a property that is owned, operated, or is in partnership with a college or university that is an accredited educational institution and is located in Collegeville Borough. The primary purpose of which is to provide temporary living accommodations for individuals associated with or attending the institution. A student dwelling is located in close proximity to the campus of a college or university and designed to be occupied by students at the college. Student dwellings include a living arrangement for students unrelated by blood, marriage or legal adoption, attending, or about to attend, a college or university or who are on a semester or summer break from studies at a college or university, or any combination of such persons. Student homes shall not include fraternities, sororities, or community residential programs.
[Added 6-1-2022 by Ord. No. 610]
One or more rooms designed, occupied, or intended to be occupied
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.
A vested or acquired right to use land other than as a tenant,
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
The erection, construction, alteration, or maintenance by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam, water or sewer transmission, or
distribution systems, collection, communication, supply, or disposal
systems and their essential buildings, excluding communication towers
and communication antennas, as defined herein.
A material which produces flammable or explosive gases or
vapors under ordinary temperature conditions, and includes liquids
which have a closed cup flash point of less than 105° F.
Any number of individuals living together on a nontransient
basis as a single housekeeping unit and doing their cooking on the
premises; when said individuals are related by blood, marriage, or
adoption, no more than three unrelated individuals living together
as a single housekeeping unit and doing their cooking on the premises,
except when an application for a special exception to enable a greater
number of unrelated individuals to occupy a dwelling unit is reviewed
and approved by the Zoning Hearing Board, as provided herein. The
definition of "family" shall not apply to the occupants of a club,
fraternity, or sorority house, lodge, residential club or student
home.
Notwithstanding the definition in the preceding subsection,
a family shall also be deemed to include any number of mentally or
physically handicapped persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, if such occupants are handicapped persons
as defined in Title VIII of the Civil Rights Act of 1968, as amended
by the Fair Housing Amendments Act of 1988.[8] Such unrelated individuals shall have the right to occupy
a dwelling unit in the same manner and to the same extent as any family
unit as defined in the first subsection of this definition.
A premises which is used for the production of agricultural
commodities in their unmanufactured state, such as raising livestock,
and which shall include those activities which are customarily associated
with such production, including the application of manure and/or fertilizers
for crop production.
Restaurant where most customers order and are served their
food at a counter or in a motor vehicle in packages prepared to leave
the premises, or able to be taken to a table or counter to be consumed.
Subject to easy ignition and rapid flaming combustion.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourses, and/or any area subject to the unusual and rapid accumulation
of surface waters from any source. Those areas subject to inundation
by the waters of the one-hundred-year flood as delineated in the Flood
Insurance Study for the Borough of Collegeville, Montgomery County,
Pennsylvania, of June 1996, as prepared by the Federal Emergency Management
Agency.
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared. For the purposes of this chapter, it shall be the one-hundred-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration.
BASE FLOOD ELEVATIONThe one-hundred-year flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain, or other similarly documented areas, the one-hundred-year flood elevation shall be established as a point on the boundary of the floodplain nearest to the construction site in question.
COMPLETELY DRY SPACESpace which will remain totally dry during flooding; the structure is designed and constructed to permit the passage of water and water vapor.
ESSENTIALLY DRY SPACEA space which will remain dry during flooding; except for the passage of some water vapor or minor seepage, the structure is substantially impermeable to the passage of water.
FEMA and FIAThe Federal Emergency Management Agency and the Federal Insurance Administration who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this chapter, it also delineates floodplain areas.
FLOOD INSURANCE STUDYThe examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this chapter and other ordinances.
FLOODPLAINA relatively flat or low land area adjoining a stream, river, or watercourse, which is subject to partial or complete inundation during a one-hundred-year flood, or any area subject to the unusual and rapid accumulation of surface water from any source; also referred to as flood-prone area.
FLOODPLAIN DISTRICTSThose floodplain districts specifically designated in this chapter as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), Flood-Fringe District (FF), and General Floodplain District (FA).
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Such measures are set forth in floodproofing regulations published by the Office of the Chief Engineers, United States Army, Publication No. EP 1165 2 314 (June 1972, and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the completely dry spaces (W1) and essentially dry spaces (W2) classes referenced in these regulations. In said publication, where reference is made to "below" (or above) the "BFD" (base flood datum), it shall be interpreted as meaning below (or above) the base flood elevation.
FLOODWAYThe channel of a river or other watercourse and the adjacent land area required to carry and discharge a flood of the one-hundred-year magnitude as specifically defined in this chapter.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain district which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or is placed where the flow of the water might carry the same downstream to the damage of life and property.
ONE-HUNDRED-YEAR FLOODA flood that has one chance in 100 or a 1% chance of being equaled or exceeded in any one year. For the purposes of this chapter, the "one-hundred-year flood" (base flood) is as defined by the Federal Insurance Administration in the Flood Insurance Study.
REGULATORY FLOOD ELEVATION (RFE)The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions.
Any alteration of a structure listed on a national register
of historic places or a state inventory of historic places.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls,
or from the center line of a wall separating two buildings, but not
including interior vehicular parking or loading, or any space where
the floor-to-ceiling height is less than six feet.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking and
loading, and all floor below the first or ground floor except when
used or intended to be used for human habitation or service to the
public. The area excluded as unusable may not exceed 15%.
A ratio derived by dividing the total (gross) floor area
of all buildings on a lot by the buildable lot area.
The length of the lot line abutting a street right-of-way.
A roof with two slopes that extend downward from a central
ridge, so as to form an "A" or triangle.
[Added 6-1-2022 by Ord. No. 610]
A two-sided roof with two slopes on each side, the upper
being less steep than the lower.
[Added 6-1-2022 by Ord. No. 610]
In a development, green area includes all landscape features
such as planters, planted islands, landscaped buffers and screens,
lawn areas, woods, hedgerows, and any area that is not covered by
buildings or paving. It is available and used for retention and maintenance
of natural vegetation and for absorption of stormwater for groundwater
recharge. Decorative stone and mulch ground covers may be included
if placed upon an earth surface.
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, expressed in
square feet and measured from the center line of partitions and from
outside wall faces. It is the space for which tenants pay rent, including
sales areas and integral stock areas. It does not include public or
common areas, such as public toilets, corridors, stairwells, elevator
lobbies, or enclosed mall spaces.
A dwelling with no more than six handicapped persons, excluding
resident staff, who live together as a single housekeeping unit and
in a long-term, family-like environment in which staff persons provide
care, education, and participation in community activities for the
residents with the primary goal of development or exercising the residents'
basic skills for daily living. As used herein, term "handicapped"
shall have the meaning: (1) a physical or mental impairment which
substantially limits one or more of such person's major life activities
so that such person is incapable of living independently; (2) a record
of having such an impairment; or (3) being regarded as having such
an impairment. However, "handicapped" shall not include current, illegal
use of or addition to a controlled substance (as defined in Section
102 of the Controlled Substance Act, 35 P.S. § 780-102),
nor shall it include any person whose residency in the home would
constitute a direct threat to the health or safety of other individuals.
The term "group home for the handicapped" shall not include nursing
homes, alcoholism or dry treatment centers, work-release facilities
for convicts or ex-convicts or other housing facilities serving as
an alternative to incarceration. The term "handicapped" is interchangeable
with a person with a disability.
See "bed-and-breakfast," "hotel," and "motel."
Establishments primarily engaged in furnishing medical, surgical,
or other services to individuals, including the offices of physicians,
dentists, and other health practitioners, medical and dental laboratories,
outpatient care facilities, blood banks, and oxygen and miscellaneous
types of medical supplies and services.
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis, or
treatment of human disease, pain, injury, deformity, or physical condition,
including a general hospital, public health center, diagnostic center,
treatment center, rehabilitation center, extended care facility, skilled
nursing home, nursing home, intermediate care facility, chronic disease
hospital, maternity hospital, outpatient clinic, dispensary, home
health care agency, or personal care facility.[9]
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of a flat, multilevel. gambrel or mansard roof, or for gable
or hip roofs to the mean height between the eaves and ridge, or between
the highest and lowest points of the roof. Chimneys, spires, towers,
mechanical penthouses, tanks, and similar projections not intended
for human occupancy shall be excluded.
[Amended 6-1-2022 by Ord. No. 610]
A roof that slopes upward from all sides of a structure,
having no vertical ends.
[Added 6-1-2022 by Ord. No. 610]
The accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts on a residential site, pursuant to the provisions of Article VIII of this chapter. The use is incidental and secondary to the use of the dwelling for residential purposes, and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.
Any establishment that is dedicated, in whole or in part,
to the smoking of a water pipe with a smoke chamber, a bowl, a pipe
and a hose, commonly referred to as a "hookah," and also known as
a narghile, shisha, hubble-bubble, and goza, or any similar device.
[Added 4-4-2018 by Ord.
No. 586]
An establishment providing transient accommodations, containing
a minimum of five rental rooms, and having the following characteristics:
Those surfaces which are covered in any way so as not to
allow the ground beneath to absorb water at a natural rate, including,
but not limited to, buildings, walks, roofs, swimming pools, man-made
ponds, and paved or stoned areas.
[Amended 7-9-2014 by Ord.
No. 569]
The physical additions, installations and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities, and drainage facilities.
Those fields of economic activity, including forestry, construction,
manufacturing, transportation, communication, extraction, utility
services, and wholesale trade. (See "industry, light" and "industry,
heavy.")
Industrial activities which do not meet the definition of
"light industry."
Industrial activities which are carried on entirely within
an enclosed building, and involve no outdoor processes or outdoor
storage of primary raw materials.
Includes refuse, rubbish, debris, and scrap, whether salvable
or not and made from any and all material other than solid waste as
defined by the Solid Waste Management Act[10] and amendments, as would normally be disposed of at a
sanitary landfill as defined herein. (See "salvage," "waste," "recyclable
materials.")
Any outdoor establishment or place of business which is maintained,
used, or operated for storing, keeping, buying, or selling junk, and
for the purposes of this section, the term shall include refuse, rubbish,
garbage, and debris whether salvable or not and made of any or all
materials. It shall not include, however, refuse or garbage kept in
proper containers for the purposes of prompt disposal.
Any structure or premises in which more than six dogs or
domesticated small animals more than one-year old are housed, groomed,
bred, boarded, trained, or sold.
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams, or result from
excavation. The shoreline of such water bodies shall be measured from
the maximum condition rather than permanent pool if there is any difference.
Lakes are bodies of water two or more acres in extent. Ponds are any
water body less than two acres in extent.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
Except that the following activities shall not be considered
land developments:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The legal or beneficial owner or owners of land, including
the holder of an option of contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A space, accessible from a street, in a building or on a
lot, for the temporary use of vehicles while loading or unloading
materials or merchandise.
A contiguous tract, parcel, or unit of land held by a landowner
and/or intended for use, development, lease, or transfer of ownership,
and for which a deed description is recorded or is intended to be
recorded at the office of the Recorder of Deeds for Montgomery County.
Net lot area contained by the building line, minus the area
of any land in a floodplain conservation district, in a steep slope
conservation district, or in a wetlands area.
Calculated land area contained within the deeded boundaries
of a lot.
Gross lot area minus areas of public and private rights-of-way,
easements, ultimate rights-of-way and access strips for flag lots.
A lot having contiguous frontage on two or more intersecting
roads. The yard setback for each road frontage shall be the front
yard setback for the district in which the lot is located.
A lot not fronting or abutting a public roadway and where
access to the public roadway is limited to a narrow private right-of-way.
This definition does not include the commonly used wedge shaped lots
located on a cul-de-sac turnaround.
Any property boundary line of a lot, further defined as follows:
Front lot line is the line identical with the street ultimate
right-of-way line (also known as "street line").
Rear lot line is the line or lines most nearly parallel or concentric
to the front lot line.
Side lot lines are the lines most nearly perpendicular or radial
to the front lot line. On a corner lot, the side lot line shall be
the line or lines most nearly perpendicular or radial to the higher
classification of street, where applicable. The remaining line shall
be considered the rear lot line.
A lot which fronts on more than one street shall have a front
lot line on each street frontage.
The horizontal distance between side lot lines, measured
at the building line, parallel or concentric to the ultimate right-of-way
line. For a corner lot, lot width shall be measured parallel or concentric
to the ultimate right-of-way line of the higher classification of
street, where applicable.
A roof with two slopes on every side, the lower slope being
considerably steeper than the upper. The lower pitch may be convex
(outwardly curving in an S or bell shape), concave or steeply angled.
[Added 6-1-2022 by Ord. No. 610]
A transportable structure intended for permanent residential
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site completed
and ready for occupancy except for minor or incidental unpacking and
assembly operations, and constructed so that it may be used with or
without a permanent foundation. The term includes park trailers, travel
trailers, recreational, and other similar vehicles which are placed
on a site for more than 180 consecutive days.
A parcel of land which has been planned and improved for
the placement of two or more manufactured structures for nontransient
use.
The process or operation of making wares or products from
raw materials by hand or by the use of machine(s).
A transportable single-family dwelling intended for permanent
occupancy, contained in one or more units, built on a permanent chassis,
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 with or without a permanent foundation. It
may not meet local building codes but does meet the standards of the
United States Department of Housing and Urban Development, as indicated
by the structural engineering bulletin(s) provided to the Borough
Council by the applicant. This term does not include recreational
vehicles or travel trailers.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A single-family dwelling unit for permanent occupancy, made
by assembling one or more factory-produced, three-dimensional sections
into one integral building, not capable of easily being separated
for repeated towing, whose construction materials must conform to
those of conventionally built units, as required by the Borough's
building code, and must be placed on a permanent foundation. A copy
of the structural engineering bulletin(s) must be provided to the
Borough Council, indicating approval of the dwelling or its components
by the United States Department of Housing and Urban Development.
An establishment providing transient accommodations, containing
a minimum of six rental rooms and having the following characteristics:
A commercial use for the sale and repair of motor vehicles,
including new and used cars, trucks, recreational vehicles, and/or
farm equipment; having both indoor and outdoor display areas, and
providing maintenance and repair services for vehicle owners.
All vehicles propelled or drawn by power other than muscular
power and intended for use on public highways or in agricultural activities.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use of a residential
dwelling and which involves no customer, client, or patient traffic,
whether vehicular or pedestrian, pickup, delivery, or removal functions
to or from the premises, in excess of those normally associated with
residential use.
Any sound of such level and duration as to be or tend to
be injurious to human health or welfare, or which would unreasonably
interfere with the enjoyment of life or property throughout the municipality
or in any portions thereof, but excludes all aspects of the employer-employee
relationship concerning health and safety hazards within the confines
of a place of employment.
A person qualified in the measurement of sound and empowered
to investigate sound levels when requested by the Borough.
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
Services provided or arranged for part of a twenty-four-hour
day to assist in meeting the needs, including, but not limited to,
personal care, social, nutritional, health, and education needs, of
a population of persons who are predominantly 60 years of age or older
or who are under 60 years of age but who have a dementia-related disease,
such as Alzheimer's disease, as a primary diagnosis. The term does
not include services provided for persons whose needs are such that
they can only be met in a long-term care facility on an inpatient
basis, receiving professionally supervised nursing care and related
medical and other health services. (See "adult day-care facility.")
Public or private lands designated for the use and enjoyment
of residents of a development and/or the general public, incorporating
natural features such as woodlands, streams, or meadows, and including
state, county, or Borough parks, trails, and other recreational facilities.
Also includes "common open space" as defined below, and other private
lands which are available for the use of Borough residents (i.e.,
through access easements). (See "common open space.")
Any area which is predominantly open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
An open area or an area covered with a dust-free, all-weather
surface for the storage of one automobile, accessible via a driveway.
Material other than water which is suspended in or discharged
into the atmosphere in a finely divided form, as a liquid or solid.
A window designed to be used by a pedestrian to obtain goods
or receive services. Such a window may not be used in conjunction
with a motorized vehicle and differs from a drive-through window in
that it is to be used only by pedestrians.
The Municipalities Planning Code, originally enacted as Act
247 of 1968,[11] which establishes the basic authority for the exercise
of municipal land use controls in Pennsylvania. All subsequent amendments
are included. Abbreviated as "MPC" or "Act 247."
A document issued by the proper authority authorizing the
applicant to undertake specified activities.
A business which provides a service oriented to personal
needs, and not primarily involving retail sales of goods or professional
advisory services. Includes barber, beauty salon, tailor, dressmaker,
shoe repair, photographer, travel agent, jewelry and watch repair,
or similar service uses. It does not include a massage parlor or tattoo
parlor.
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
The Collegeville Borough Planning Commission.
A roofed structure projecting from the front, side, or rear
wall of a building.
A building which is considered the principal use of the lot
on which it is located.
The single dominant use or single main use on a lot.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such waste materials for off-site reuse. Processing
facilities include, but are not limited to, transfer facilities, composting
facilities, and resource recovery facilities.
A building in which services are performed by a member of
a profession, including an accountant, architect, author, dentist,
engineer, insurance agent, landscape architect, lawyer, notary, optometrist,
physician, planner, realtor, or similar occupations.
A recorded boundary of a lot. Any property line which abuts
a street or other public way shall be measured from the right-of-way.
A formal meeting held pursuant to public notice by the governing
body, Planning Commission, or other municipal agency, intended to
inform and obtain public comment prior to taking action in accordance
with the Pennsylvania Municipalities Planning Code, as amended.[12]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act"[13] ("...any prearranged gathering of an agency which is attended
or participated in by a quorum of the members of an agency, held for
the purpose of deliberating agency business or taking official action.").
Notice of a public hearing published in a newspaper of general
circulation in the municipality. Such notice shall state the time
and place of the hearing and particular nature of the matter to be
considered at the hearing. The publication of a public notice shall
be in accordance with the Pennsylvania Municipalities Planning Code,
as last amended.[14]
A building or structure and its equipment, used for the transmission
and exchange of telephone, radio telephone, gas, power, sewer, and
water facilities; provided, however, that in a residential district,
these shall not include public business facilities, storage of materials,
trucks, or repair facilities, or housing of repair crews.
A company regulated by the Pennsylvania Public Utility Commission.
Cellular communications companies and other companies not defined
as a public utility by the Pennsylvania Public Utility Commission
shall not be considered a public utility.
A structure owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
Any sound that can be judged as a single pitch or set of
single pitches by the NCO.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multidwelling
unit building.
An antenna and attendant processing equipment for reception
of electronic signals from satellites.
Materials separated from municipal waste which are to be
used as raw materials for the development of new usable products.
Recyclable materials can include the following items: newsprint, high-grade
office paper, glass, aluminum, steel and bimetallic cans, plastic,
corrugated paper and leaf wastes.
An establishment which is maintained or used or operated
for the purposes of temporarily storing and preparing scrap and/or
discard materials for consumption by other establishments whose operations
include producing products from recycled materials.
A parent, child (including adopted), stepparent, stepchild,
grandparent, grandchild, brother, sister, half-brother, half-sister,
stepbrother, stepsister, first cousin, aunt, uncle, niece, or nephew.
Residential development that occurs when an existing, developed
lot is further subdivided for one or more building lots.
Any establishment, except those fitting the definition of
fast food restaurants, at which food is sold for consumption on the
premises to patrons seated within an enclosed building, or elsewhere
on the premises. However, a snack bar or refreshment stand at a public,
semipublic, or community swimming pool, playground, playfield, or
park operated by the agency or group of an approved vendor operating
the recreational facilities and for the convenience of the patrons
of the facility shall not be deemed to be a restaurant. (Also see
"fast food restaurant.")
Lotting which extends between two streets of differing classifications
with vehicular access provided from the lesser street, in order to
promote traffic flow and safety on the greater street.
Any discarded material or articles, including scrap metallic
or nonmetallic items, whole or parts of vehicles and equipment, paper,
glass, containers, and structures, which is separated for industrial
processing or reprocessing and further used or reused. (See "junk,"
"waste," "recyclable materials.")
See "solid waste disposal facility."
A centralized sanitary sewer system or a comparable common
or package sanitary sewer facility approved by the appropriate governmental
health agency.
A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include, but not
be limited to, what are commonly referred to as "satellite earth stations,"
"TVROs" (television reception only), and "microwave antennas."
A commercial establishment in a shopping center or planned
commercial center, located in a freestanding building independent
of other buildings, and frequently near the road frontage of the center.
Satellite uses are generally characterized by the following:
A firm engaged in the business of preparing scrap (metal
or rags and paper) for consumption by steel mills or paper companies
or other establishments whose purpose it is to use scrap in producing
products.
A sewage disposal system in compliance with all state and
local regulations, approved by the Pennsylvania Department of Environmental
Protection and applicable sewer authority, and providing service to
multiple customers. Includes the following definitions:
PUBLIC SEWER FACILITIESThe central sewage system operated by the Collegeville/Trappe Municipal Authority.
COMMON SEWAGE FACILITIESA sewage disposal system independent of the public sewer system, serving more than one residence or business through a community treatment plant, land application system, or similar satellite system.
A group of commercial establishments, planned and developed
as an integrated architectural and functional unit, providing convenient
on-site parking and controlled, common vehicular and pedestrian access.
Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Sign types and sign-related terms are further defined in Article XXIII, herein.
As defined by the courts, a significant gap is where the
holes in cellular coverage are very limited in number or size (such
as the interiors of buildings in a sparsely populated rural area,
or confined to a limited number of houses or spots as the area covered
by buildings increases), so that the lack of cellular coverage likely
will be de minimis so that denying applications to construct towers
necessary to fill these holes will not amount to a prohibition of
service.
The ownership of a contiguous land area as one or more lots
by one owner, whether a person, partnership, corporation, or other
legal entity, irrespective of the fact that parts of the land may
have been acquired at different times or that the area may have been
divided into parts on any plan or plat.
The Montgomery County Soil Survey of 1967, prepared by the
Natural Resources Conservation Service of the United States Department
of Agriculture.
A land use, including buildings, land equipment, and any
other appurtenances used in the processing of solid waste, resource
recovery, cogeneration of energy, recycling, incineration, and/or
landfilling as a means of disposal of solid waste.
DUMPA site used primarily for the disposal by abandonment, dumping, burial, burning, or other means, and for whatever purpose of garbage, trash, junk, vehicles or parts thereof, or waste material of any kind.
SANITARY LANDFILLAny outdoor establishment or place of business operated or maintained for the disposal of solid waste by the method known as "landfilling," in accordance with any or all federal, state, and local landfilling laws, statutes, rules, and regulations. The term "landfill" shall have the same meaning as sanitary landfill.
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board
is empowered to grant permission for special exceptions consistent
with the public interest, in compliance with standards and procedures
established in this chapter.
Retail shops and stores selling gifts, novelties, flowers,
books, periodicals, jewelry, apparel, tobacco, toys, crafts, hobby
supplies, cameras and film, stationery, or antiques. Stores in excess
of 7,500 square feet in a single structure are not included in this
use. Adult uses are excluded from this definition and are defined
separately above.
Areas with a gradient of 15% or greater, as determined by
the soil survey or accurate contour mapping.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and ceiling
next above it and including those basements used for the principal
use.
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.
A line identical with the front lot line and ultimate right-of-way
line.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a plan is submitted. All setbacks are measured from the legal right-of-way line, unless specifically mentioned in an individual district.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Borough.
Any thing built, constructed, or erected which requires location
on the ground or attachment to something located on the ground.
Any tenant, as defined herein, or proposed tenant attending
or enrolled in a post secondary educational or vocational institution
at any time during the period beginning five months prior to the first
day of his or her lease and ending on the last day of such lease term
or any extension thereof; provided, however, that a tenant shall not
be deemed a student if the aggregate number of academic or vocational
equivalent credit hours enrolled in by such tenant during the aforesaid
period is less than nine.
A living arrangement for students, unrelated by blood, marriage
or legal adoption, attending or about to attend a college or university
or who are on a semester or summer break from studies at a college
or university, or any combination of such persons. Student homes shall
not include fraternities, sororities or group homes for the handicapped.
[Amended 3-4-2009 by Ord.
No. 537]
A structure containing a living arrangement owned or leased
by an educational institution and operated as an integral part of
that educational institution for the use of its students.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or 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.
Construction on an approved project is recognized as having
begun when foundation footings are poured or other structural supports
are installed and such footings or supports have passed any required
inspection.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damaged occurred.
Any structure that contains water over 24 inches (610 mm)
in depth and which is used, or intended to be used, for swimming or
recreational bathing. This includes in-ground, aboveground, and on-ground
swimming pools, hot tubs, and spas.
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of one or more of the following:
Placing of designs, letters, figures, symbols, or other marks
upon or under the skin of any person, using ink or other substances
that result in the permanent coloration of the skin by means of the
use of needles or other instruments designed to contact or puncture
the skin.
Creation of an opening in the body of a person for the purpose
of inserting jewelry or other decoration.
The use of any premises or structure for living and/or sleeping
purposes for less than 100 consecutive days in any calendar year.
A recreational vehicle requiring a separate power source
for pulling, which may include living, sleeping, eating, and sanitary
facilities, but which is designed for vacation travel and not for
long-term or permanent occupancy.
The dividing line between a lot and the outside limit of
the ultimate right-of-way of a public street. Identical with "front
lot line" and "street line."
Aboveground structures or facilities (other than buildings,
unless such buildings are used for storage incidental to the operation
of such structures or facilities) owned by a governmental entity,
a nonprofit organization, corporation, or any entity defined as a
public utility for any purpose by the Pennsylvania Public Utilities
Commission and used in connection with the production, generation,
transmission, delivery, collection, or storage of water, sewage, electricity,
gas, oil, or communication signals. Excepted are utility transmission
lines and supporting structures.
The granting of permission by the Zoning Hearing Board to use or alter land or structures which requires a variation from the strict application of a requirement of this chapter. Variances are granted only if specific requirements are met, in accordance with the provisions of § 680-20.
The portion of land devoted to vegetative coverage, including
lawns, trees, shrubs, flowers, and gardens.
An open area, other than a street or parking area, used for
display, sale, or rental of new or used motor vehicles, recreational
vehicles, or boats in operable condition, and where no major repairs
are done.
A barrier whose purpose is to obscure a view, generally comprised
of plant materials suitable for the purpose.
A building or group of buildings primarily used for the commercial
storage, transfer, and distribution of products and materials.
A building or group of buildings situated in a controlled
access compound which are divided into individual separate access
units which are rented or leased for the storage of tangible personal
property.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. This term does not include source-separated recyclable materials.
Waste is further classified as follows, in accordance with Act 101,
the Solid Waste Management Act:[15]
AGRICULTURAL WASTEPoultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur-bearing animals, and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting, and marketing of agronomic, horticultural, and silvicultural crops or commodities grown on the premises of a farm operation.
CONSTRUCTION/DEMOLITION WASTESolid waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, metals, asphaltic substances, bricks, block, and unsegregated concrete. The term also includes dredging waste. The term does not include clean fill separated from other waste.
CLEAN FILLUncontaminated, non-water-soluble, nondecomposable inert solid material used to level an area or bring the area to grade. Includes uncontaminated soil, rock, gravel, brick, block, and concrete.
Municipal or agricultural waste which because of its quantity,
concentration, physical, chemical, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
MUNICIPAL WASTEGarbage, refuse, industrial lunchroom or office waste, or other material resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities; and sludge not meeting the definitions of residual or hazardous waste from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
RESIDUAL WASTEGarbage, refuse, or other discarded material or waste, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining, and agricultural operations and sludge from an industrial, mining, or agricultural water supply treatment facility, wastewater treatment facility, or air pollution control facility, provided that it is not hazardous.
SOLID WASTEWaste, including municipal, residual, or hazardous wastes.
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the local authorities. Includes the following definitions:
WATER FACILITIES, COMMONA water distribution system serving a single neighborhood or development.
WATER FACILITIES, PUBLICA water distribution system serving all or a portion of the Borough and operated by a certified public utility.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales, and rivers.
Those areas that are inundated and 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; includes
swamps, marshes, bogs, and similar areas. Development in wetlands
is regulated by the United States Army Corps of Engineers and the
Pennsylvania Department of Environmental Protection. Identification
of wetlands should be based upon the Federal Manual for Identifying
and Delineating Wetlands, an interagency publication of the Corps
of Engineers, EPA, Fish and Wildlife Service, and Natural Resources
Conservation Service, dated January 1989.
Places of business primarily engaged in selling merchandise
to retailers, to industrial, commercial, institutional or professional
business users, or to other wholesalers, or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals
or companies.
Areas, groves, or stands of mature or largely mature trees
(i.e., greater than six inches in caliper) covering an area greater
than 1/4 of an acre, or groves of mature trees (greater than 12 inches
in caliper) consisting of more than 10 individuals.
The area(s) of a lot which must remain free of buildings
or other structures, and may be used as lawn or planted area, parking
or driveway space, in compliance with the provisions of this chapter.
A yard is measured at right angles from the right-of-way or lot line
to the nearest building wall. "Yard" is further defined as follows:
FRONT YARDA yard which extends across the full width of a lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the street legal right-of-way line, unless stated otherwise.
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line. However, corner lots shall be regarded as having two front yards for the frontage along a street. Therefore, the setback for a side yard with street frontage shall be the same as the front yard setback for the district in which the property is located.
A line which locates and delineates the minimum yard setback
requirements, measured from the front, rear, and side lot lines.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: The former definitions of "antenna" and "antenna height," which immediately followed this definition, were repealed 11-1-2017 by Ord. No. 584. See now § 680-61, Wireless communication facilities.
[3]
Editor's Note: So in original.
[4]
Editor's Note: The former definitions of "cell site" and "cellular telephone," which immediately followed this definition, were repealed 11-1-2017 by Ord. No. 584. See now § 680-61, Wireless communication facilities.
[5]
Editor's Note: The former definitions of "communication antenna," "communications equipment building," and communications tower," which immediately followed this definition, were repealed 11-1-2017 by Ord. No. 584. See now § 680-61, Wireless communication facilities.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: The Unit Property Act was repealed 7-2-1980,
P.L. 286, No. 82. See 68 Pa.C.S.A. § 3101 et seq.
[8]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[9]
Editor's Note: The former definition of "height of a communications tower," which immediately followed this definition, was repealed 11-1-2017 by Ord. No. 584. See now § 680-61, Wireless communication facilities.
[10]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[11]
Editor's Note: See 53 P.S. § 10101 et seq.
[12]
Editor's Note: See 53 P.S. § 10101 et seq.
[13]
Editor's Note: Said Sunshine Act was repealed
10-15-1998 by P.L. 729, No. 93; see now 65 Pa.C.S.A. § 701
et seq.
[14]
Editor's Note: See 53 P.S. § 10101 et seq.
[15]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[16]
Editor's Note: See 33 U.S.C. § 1342.
[17]
Editor's Note: See 42 U.S.C. § 2011 et seq.
