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Borough of Sellersville, PA
Bucks County
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When used in these regulations, the following words or phrases shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning. Any word or term not defined herein shall be used with a meaning of standard usage.
As used in these regulations:
A. 
Words used in the present tense imply the future tense.
B. 
Words used in the singular imply the plural, and words used in the plural also imply the singular.
C. 
The word "person" includes a partnership, corporation, trust, company, organization, firm or association, as well as an individual.
D. 
The word "shall" is mandatory; the word "may" is permissive.
E. 
Words such as "building" and "street" are used generally and shall be construed as if followed by the phrase "or part thereof."
F. 
The word "lot" includes the words "plot" or "parcel."
G. 
The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, films for sale or viewing on the premises by use of motion-picture devices or any other coin-operated means and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT THEATER
An enclosed building used regularly and routinely for presenting material having, as a dominant theme, material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons therein.
AGENT
Any person, other than the landowner of a lot, who, acting under specific authorization of the landowner, submits plans, data and/or applications to the Zoning Officer or other designated Borough official for the purpose of obtaining approval thereof.
AGRICULTURAL USES
The use of land for farming, horticulture, floriculture, including greenhouses, or viticulture and the necessary accessory uses for packing, treating or storing the produce and equipment and the use of a structure as a dwelling for a family headed by a full-time agricultural worker.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, provided that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc), or any other wireless antenna. Tower-based wireless communications facilities shall not be considered antennas.
[Added 4-9-2018 by Ord. No. 718]
APPLICANT
Any landowner, lessee or his authorized agent who submits plans, data and/or applications to the Borough for the purpose of obtaining approval thereof.
APPLICATION
Every application required to be filed and approved prior to the start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plot or plan or for the approval of a development plan.
APPROVING AUTHORITY
The agency, board, group or other legally designated individual or authority which has been charged with the review and approval of plans and applications.
AREA
A. 
LOT AREAThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way but including the area of any easement or future street right-of-way.
B. 
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
C. 
FLOOR AREAThe sum of the areas of all floors of a building structure, including areas used for human occupancy and basements, attics and penthouses, measured from the exterior face of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy or any floor space in an accessory building or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter or any such floor space intended and designed for accessory heating and ventilating equipment.
D. 
SITE AREA, BASEThe area of the site remaining after subtracting land which is not contiguous, land previously subdivided and road and utility rights-of-way from the site area.
E. 
SITE AREA, BUILDABLEThe area of the site which may be altered, disturbed or regraded for development purposes. The buildable site area could contain buildings, roads, parking areas, sewage systems and stormwater management facilities. The buildable site area would not contain required open space, recreation areas and natural resource protection areas.
F. 
SITE AREA, CONDOMINIUMThe portion of the base site area set aside and designated for condominium ownership, excluding street rights-of-way, common parking areas, and any required open space.
[Added 11-12-2012 by Ord. No. 681]
BASEMENT
The portion of a building partly underground, but having less than half its clear height (measured from floor to ceiling) below the average elevation of the adjoining ground. A basement shall be counted as a story for the purpose of determining floor area but not for the purpose of counting stories in height requirements.
BLOCK
A land area bounded by streets.
BOARDINGHOUSE or LODGING HOUSE
A building arranged or used for lodging, with or without meals, for compensation, for more than three boarders.
BOARD or ZONING HEARING BOARD
The Sellersville Borough Zoning Hearing Board.
BOROUGH
Sellersville Borough, Bucks County, Pennsylvania, as represented by the Borough Council or its duly authorized agent.
BOROUGH COUNCIL
The Sellersville Borough Council.
BOROUGH ENGINEER
A professional engineer licensed as such by the Commonwealth of Pennsylvania and employed by the Borough or engaged as a consultant thereto.
BUFFER
A strip of land, identified on a site plan or by a zoning ordinance, established to protect one type of land use from another land use that is incompatible. Normally, the area is landscaped and kept in open space.
BUILDING
A combination of materials to form a permanent structure having walls and a roof; included shall be all mobile homes and trailers used for human habitation.
A. 
ACCESSORY BUILDINGA subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building, including but not limited to private garages, carports, utility buildings, tool sheds, noncommercial greenhouses, etc. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
B. 
ATTACHED BUILDINGA building which has one or more party walls in common with adjacent buildings.
C. 
PRINCIPAL BUILDINGA building in which is conducted or intended to be conducted any principal use of the lot on which it is located.
D. 
BUILDING COVERAGEThat percentage of the plot or lot area covered by the building area.
E. 
BUILDING HEIGHTA vertical distance measured from the mean elevation of the proposed finished grade 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 or gambrel roofs.
F. 
BUILDING SETBACK LINEA line, parallel to the right-of-way line, measured from side yard to side yard, on which a principal building is actually placed. The minimum building setback line is the rear line of the minimum front yard, as herein designated for each district, measured from the street line.
G. 
DETACHED BUILDINGA building which has no party wall.
BUILDING ENVELOPE
That area of a lot that has no development restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which would cross yards), buffer yards or natural features with 100% protection standards as specified in § 160-25, Natural resource protection standards.
BUILDING PERMIT
Any permit required by this chapter or the Building Code[1] for the construction, alteration, razing or change of use of any structure.
CELLAR
The portion of a building partly underground, having half or more than half of its clear height (measured from floor to ceiling) below the average elevation of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories or determining floor area nor shall it be used for dwelling purposes.
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the Zoning Officer which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.
CHANGE OF USE
An alteration of a building or a change of use theretofore existing within a building or on a lot to a new use which imposes other provisions of the Building Code[2] or this chapter.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by the center lines of the streets and by a line of sight between points on their center lines at a given distance from the intersection of the center lines.
CLUB
An organization catering exclusively to members and their guests or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided that there are not any vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include but not be limited to service and political organizations and labor unions, as well as social and athletic clubs.
CO-LOCATION
The placement or installation of new non-tower-based WCF on an existing wireless support structure, such as a monopole, utility pole, water tower, or light pole.
[Added 4-9-2018 by Ord. No. 718]
COMMISSION or PLANNING COMMISSION
The Sellersville Borough Planning Commission.
COMMUNITY CENTER
A public, quasi-public or privately maintained institution devoted to a variety of group activities, including civic, social, recreational, educational and/or cultural, and maintaining the premises and facilities appropriate to such activities; provided, however, that said premises shall not include living quarters for persons other than those engaged in the conduct and/or maintenance of the institution.
COMPREHENSIVE PLAN
The complete plan for the continuing development and redevelopment of the Borough of Sellersville as recommended by the Bucks County Planning Commission and adopted by the Borough Council.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions of Article XIA of this chapter.
[Added 4-9-2018 by Ord. No. 718]
CONDOMINIUM
A form of ownership arrangement created pursuant to, and governed by, the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. The condominium form of ownership is not a land use, and therefore, shall be allowed in any district and shall be subject to the same requirements and restrictions of the applicable district and land use. Provided, however, that when determining compliance with any required lot area per dwelling unit in this chapter, such determination shall be made by taking the condominium site area and dividing it by the aggregate number of dwelling units proposed for the condominium site area.
[Amended 11-12-2012 by Ord. No. 681]
CONDOMINIUM ASSOCIATION
The community association which administers and maintains the condominium property and common elements of a condominium.
CONVERSION APARTMENTS
Any dwelling or other building converted for occupancy by two or more families.
COUNCIL
The Sellersville Borough Council.
COUNTY
Bucks County, Pennsylvania.
CULTURAL FACILITIES
Art galleries, auditoriums, libraries, museums, community centers, adult education centers or other similar facilities open to the public or connected with a permitted educational, philanthropic or religious use.
DECISION
Final adjudication of any board or other body granted jurisdiction under this chapter, 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 and the judicial district wherein the Borough lies.
DETERMINATION
Final action by an officer, body or agency charged with the administration of this chapter or applications thereunder, except the Borough Council and Zoning Hearing Board. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added 4-9-2018 by Ord. No. 718]
DISTRICT
A zoning district as laid out on the Zoning Map,[3] along with the regulations pending thereto.
DORMITORY
A building arranged or used for lodging more than three individuals and associated with a parent institutional use.
DRIVEWAY
A private way for the use of vehicles and pedestrians, providing access between a street and a parking area or garage within a lot of property.
DWELLING
A building designed and constructed for residential purposes in which people live.
A. 
ONE-FAMILY DWELLINGA single-family residence on an individual lot for the exclusive use of one family, with private yards on four sides of the house. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes.
B. 
DUPLEX DWELLINGA detached building designed for two dwelling units and used exclusively for occupancy by two families living independently of each other.
C. 
TWIN FAMILY DWELLINGA dwelling consisting of two attached buildings, each of which is used exclusively for occupancy by one family.
D. 
TOWNHOUSE (ROW) DWELLINGA dwelling consisting of three or more attached buildings, each of which is used exclusively for occupancy by one family.
E. 
MULTIPLE DWELLINGA detached building designed for three or more dwelling units and used exclusively for occupancy by not more than one family in each dwelling unit.
DWELLING UNIT
Any structure or part thereof designed to be occupied as year-round living quarters for one family.
EASEMENT
The right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.
EMERGENCY
A condition that 1) constitutes a clear and immediate danger to the health, safety, or welfare of the public or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and results in the loss of the services provided.
[Added 4-9-2018 by Ord. No. 718]
FAMILY
One person or two or more persons related by blood, foster relationship, marriage or adoption and, in addition, any domestic servants or gratuitous guests thereof, or one or more persons, who need not be so related, not to exceed the average numerical size of all families then residing within an eight-hundred-foot radius of the site of occupancy by the non-blood-related family 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. A roomer, boarder or lodger shall not be considered a member of the family. Sororities, fraternities and clubs shall not be considered a single housekeeping unit.
[Amended 7-7-1997 by Ord. No. 604; 12-8-1997 by Ord. No. 606]
FENCE
Any structure constructed of wood, metal, wire mesh or masonry erected for the purpose of screening one property from another either to assure privacy or to protect the property screened. For the purpose of this chapter, a masonry wall is considered to be a fence.
A. 
SPITE FENCEAny fence or wall which has been erected for the purpose of cutting off the light or air of any adjoining property or erected of unsightly materials for the purpose of annoyance or harassment or which has been erected to a height above that necessary for proper and ordinary security or enclosure.
FLOODPLAIN
Areas adjoining streams, ponds or lakes subject to the one-hundred-year recurrence-interval flood. The areas considered to be floodplains within the municipality shall include those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study for the municipality prepared by the Federal Insurance Administration, dated August 1977 (or any amendments), accompanying the Flood Boundary and Floodway Map, dated February 15, 1978.
A. 
FLOODWAYThe channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment in order that the one-hundred-year flood can be carried without substantial increases in flood heights.
B. 
FLOOD FRINGEThe area between the floodway and the boundary of the one-hundred-year flood. The floodway-fringe encompasses the portion of the floodplain that could be completely obstructed without increasing the water surface elevation at any point more than one foot above existing conditions.
C. 
APPROXIMATE ONE-HUNDRED-YEAR-FLOODPLAINThat portion of the floodplain for which no detailed flood profiles or one-hundred-year-flood elevations have been provided.
FLOODPLAIN SOILS
Areas subject to periodic flooding and listed in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, United States Department of Agriculture, Soil Conservation Service, July 1975, as being on the floodplain or subject to flooding. The following soil types are floodplain soils:
A. 
Alluvial land (Ae).
B. 
Alton gravelly loam (A1A).
C. 
Bowmansville silt loam (Bo).
D. 
Hatboro silt loam (Ha).
E. 
Marsh (Mh).
F. 
Pope loam (PoA).
G. 
Rowland silt loam (Ro).
FUTURE RIGHT-OF-WAY
See "right-of-way."
GRADE
To level or rework to a desired gradient.
A. 
BUILDING GRADE:
(1) 
For buildings adjoining one street only, the elevation of the established curb at the center of the wall adjoining the street.
(2) 
For buildings adjoining more than one street, the average of the elevations of the established curbs at the center of all walls adjoining streets.
(3) 
For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. All walls approximately parallel to and not more than 15 feet from a street line are to be considered as adjoining a street.
B. 
GRADE LINEThe profile of the finished surface along the center line of a street or any other specified path.
C. 
GRADIENTThe inclination of the grade line from the horizontal, expressed as a percentage; slope.
D. 
STREET GRADIENTSee "street gradient."
HOME OCCUPATION
An occupation for gain or support conducted by immediate members of a family residing on the premises, clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not affect the residential character of the neighborhood.
HOMEOWNERS' ASSOCIATION
A nonprofit corporation of homeowners for the purpose of owning, operating and maintaining various common properties.
HOTEL or MOTEL
A building other than a rooming house, boardinghouse or dormitory arranged or used for sheltering, sleeping or feeding, for compensation, of eight or more persons and in which no provision is made for cooking in any individual room or suite.
HYDRIC SOILS
A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation. Wetlands vegetation are those plant species that have adapted to the saturated soils and periodic inundations occurring in wetlands. The following soils, classified in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, United States Department of Agriculture, Soil Conservation Service, July 1975, are hydric soils:
A. 
Bowmansville silt loam (Bo).
B. 
Doylestown silt loam (DoA, DoB).
C. 
Fallsington silt loam (Fa).
D. 
Hatboro silt loam (Ha).
E. 
Towhee silt loam (ToA, ToB).
F. 
Towhee extremely stony silt loam (TwA, TwB).
IMPERVIOUS SURFACE
Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. An impervious surface shall include but not be limited to structures, roads, driveways, sidewalks, parking areas and graveled driveways.
JUNK
Any worn, cast-off, discarded or stored material, including, but not limited to, unlicensed vehicles, machinery and equipment ready for destruction or which has been collected for salvage or conversion to some use.
JUNKYARD
The use of more than 400 square feet of the area of any lot or the use of half of any lot that joins a street for the storage, keeping or abandonment of junk.
KENNEL or STABLE
The use of any lot for keeping, boarding or training for a fee, whether in special buildings or runways or not, including, but not limited to, dog and cat kennels and horse stables.
LAKES AND PONDS
Natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams or result from excavation. Lakes are bodies of water two or more acres in extent. Ponds are bodies of water which are less than two acres in extent.
LAKE AND POND SHORELINES
The landside edges of lakes and ponds from an established shoreline to an upland boundary. Lake and pond shorelines shall be measured 100 feet from the spillway crest elevation.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), the lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.
LANDSCAPING
Includes, but shall not be limited to, grass and other plantings such as trees, shrubs and bushes.
LOADING BERTH
A space accessible from a street or way, in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.
LOT
A parcel of land used or set aside and available for use as the site of one or more buildings and buildings accessory thereto or for any other purpose, in one ownership and not divided by a street nor including any land within the limits of a public or private street right-of-way upon which said lot abuts, even if the title to such way is in the ownership of the lot. A lot for the purpose of this chapter may or may not coincide with a lot of record.
A. 
LOT AREASee "area".
B. 
LOT OF RECORDA lot which has been recorded in the office of the Recorder of Deeds of Bucks County, Pennsylvania.
C. 
DOUBLE FRONTAGE LOTA lot which extends from one street to another, with frontage on both streets.
D. 
CORNER LOTA 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 tangents to the curve at the points beginning with the lot or at the points of intersection of the side lot lines with the street right-of-way lines intersect at an interior angle of less than 135°.
E. 
LOT DEPTHThe mean horizontal distance from the street line of a lot to its opposite rear lot line, measured in the general direction of the side lot lines.
F. 
LOT WIDTHThe distance measured between the side lot lines at the established building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.
G. 
REVERSE FRONTAGE LOTA lot extending between and having frontage on an arterial or collector street and a local street with vehicular access solely from the latter.
LOT LINE
Any boundary line of a lot.
A. 
REAR LOT LINEAny 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, 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 of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line. In the case of a triangular lot with no rear lot line, the distance between any point on the building and the corner of the lot farthest from the street line shall be at least twice the normally required rear yard.
B. 
SIDE LOT LINEAny lot line which is not a street line or a rear lot line.
C. 
STREET LINESee "street line."
MANUFACTURED HOUSING
A factory-built home that is manufactured under the authority of 42 U.S.C. § 540 of the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis and is used as a place of human habitation, but which is not constructed with a permanent hitch other than for the purpose of delivery to a permanent site and which does not have wheels or axles permanently attached to its body or frame.
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. For the purposes of this chapter, any mobile home shall be considered a detached dwelling unit and, as such, shall be subject to all applicable regulations in this chapter or other Borough ordinances.
MOBILE HOME LOT
A parcel of land improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK
A parcel or contiguous parcels of land under single ownership, which has been so planned and improved for the placement of mobile homes of nontransient use, consisting of two or more mobile home lots.
MONOPOLE
A WCF or site which consists of a single pole structure designed and erected on the ground or on top of a structure to support communications antennas and connecting appurtenances such as feeder cables, ladders, platforms, and ice shields.
[Added 4-9-2018 by Ord. No. 718]
MUNICIPALITY
Sellersville Borough, Bucks County, Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of "residual waste" or "hazardous waste" in the Solid Waste Management Act[4] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
NONCONFORMING STRUCTURE OR LOT
A structure or lot that does not conform to a dimensional regulation prescribed by this chapter for the district in which it is located or to regulations for signs, off-street parking or buffering, but which structure or lot was lawfully in existence prior to the enactment of this chapter or its amendment, was lawfully in existence prior to its location in the Borough by reason of annexation or was lawfully created as a variance duly authorized by the Zoning Hearing Board.
NONCONFORMING USE
A use, whether of land or structure, which does not comply to a use regulation prescribed by this chapter for the district in which it is located, but where such use was lawfully in existence prior to the enactment of this chapter or amendment or its location by reason of annexation.
NON-TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (NON-TOWER-BASED WCF)
All non-tower-based wireless communications facilities, including, but not limited to, communications antennas and related equipment. Non-tower-based WCF shall not include 1) support structures for antennas and related equipment or 2) towers and supporting structures on residential dwellings for private, noncommercial amateur purposes, including ham radios and citizen band radios.
[Added 4-9-2018 by Ord. No. 718]
NURSING HOME
(Also commonly known as a "convalescent home".) A licensed establishment which provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home. A hospital shall not be construed to be included in this definition.
OPEN SPACE
Land which shall be kept open in perpetuity and shall be restricted from future development. Open space shall be permanent and inviolate. To qualify as open space, such land shall be used only for open space uses such as recreation, amenity, buffer or resource protection. Open space shall not include land occupied by nonrecreational buildings or structures, roads or road rights-of-way, easements, parking lots, land reserved for future parking lots, stormwater detention basins or retention basins or the yards or lots of dwelling units.
OPEN SPACE, COMMON
Open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.
OWNER
The landowner.
PARKING LOT
A portion of a lot area containing three or more off-street parking spaces and having direct access to a street.
PARKING SPACE, OFF-STREET
A portion of a lot area designed for the primary use of the temporary storage of an automobile.
PARTY WALL
A wall on an interior lot line used or a wall adapted for joint service between two buildings.
PUBLIC GROUNDS
Includes parks, playgrounds, trails, paths, and other recreational areas; sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough Council or the Planning Commission, intended to inform and obtain public comment prior to taking action, in accordance with the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended by Act 170 of 1988).[5]
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing. The first publication shall be not more than 30 days nor less than seven days from the date of the hearing.
RECREATION VEHICLE
Any portable or mobile vehicle used or designed to be used for travel, recreation and/or living purposes and with its wheels, rollers or skids in place. A camper, sleigh, golf cart, boat, boat trailer, airplane or other similar vehicle providing partial and usually temporary living and sleeping quarters and which may or may not include kitchen and bathroom conveniences.
REPORT
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any 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.
RIGHT-OF-WAY
Land set aside for use as a street, alley or other means of travel or for use of utilities.
A. 
FUTURE RIGHT-OF-WAYThe right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads, or a right-of-way established to provide future access to or through undeveloped land.
B. 
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
ROOMER, BOARDER or LODGER
A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging and/or board and lodging by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified, for the purposes of this chapter, not as a roomer, boarder or lodger but as a guest of a commercial lodging establishment (i.e., motel, hotel, tourist home).
SANITARY SEWER SYSTEM
A system of piping and appurtenances, whether municipally or privately owned, designed for the collection and transmission of liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions to a wastewater treatment plant for treatment and discharge (not including septic tanks).
SCREENING
The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features.
SETBACK
The required horizontal distance between a setback line and a property or street line.
SETBACK LINE
A line within a property and parallel to a property or street line which delineates the minimum distance that must be provided between a structure or building and an adjacent street line and/or property line.
SIGHT DISTANCE
The length of a street, measured along the center line, which is continuously visible from any point 3 3/4 feet (3.75 feet) above the center line to the top of an object six inches high above the pavement.
SIGN
Any permanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication or direction or is designed to attract the eye or bring the subject to the attention of the public.
SPECIAL EXCEPTION
A use to be granted or denied a zoning permit by the Zoning Hearing Board on the basis of the specific standards and criteria specified in Article VI for the use in question and on the general standards included in Article XII. Special exceptions may not be granted for uses other than those expressly stated in this chapter.
STEALTH TECHNOLOGY
Concealing or camouflaging methods applied to WCF, antennas, and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, flagpoles, and light poles.
[Added 4-9-2018 by Ord. No. 718]
STEEP SLOPES
Areas where the average slope exceeds 15% which, because of this slope, are subject to high rates of stormwater runoff and, therefore, erosion and flooding.
STORY
That part of a building located between a 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 STORYA story under a gable, hip or gambrel roof, the wall plate of which, on at least two opposite exterior walls, is not more than two feet above such story.
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. Streets are further classified as follows:
A. 
PRINCIPAL ARTERIAL HIGHWAYSProvide minimal land access with a high degree of travel mobility; serve major centers of urban activity and travel generation; generally serve the highest traffic volume corridors and the longest trip lengths, thus carrying a significant proportion of the total urban area travel; principal arterial routes should be continuous, both internally and between major rural connections.
B. 
MINOR ARTERIAL STREETSProvide greater emphasis on land access with a lower level of travel mobility than on principal arterials; include most bus routes not on principal arterials; serve larger schools, industries, hospitals, plus small commercial areas not incidentally served by principal arterials.
C. 
COLLECTOR STREETSProvide minimal emphasis on travel mobility, low travel speeds and full land access; penetrate neighborhoods to distribute or collect trips; serve minor travel generators such as local elementary schools, small individual industrial plants, office, commercial and warehouse locations not served by principal or minor arterials.
D. 
LOCAL STREETSComprise all remaining urban roads and streets; primary purpose is to provide direct access to abutting land and access to the higher order systems, though traffic movement is deliberately discouraged; offers the lowest level of mobility and includes no bus routes.
(1) 
PRIMARY STREETDesigned to provide access to abutting properties and carry traffic from secondary streets to collector streets.
(2) 
SECONDARY STREETDesigned primarily to provide access to abutting properties.
(3) 
MARGINAL ACCESS STREETA secondary street which is parallel to and adjacent to an arterial or collector street and which provides access to abutting properties and protection from through traffic.
(4) 
ALLEYA service-way providing a secondary means for public access to abutting property and not intended for general traffic circulation.
STREET GRADIENT
The inclination of the grade line along the center line of a street at its finished surface.
STREET LINE
The dividing line between the street and the lot. The street line shall be the same as the existing established legal right-of-way in the case of existing streets, but in cases involving proposed streets, the street line shall be the same as the future right-of-way line.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.[6]
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers, monopoles, utility poles, light poles, and DAS hub facilities. Tower-based WCF shall not include towers and supporting structures on residential dwellings for private, noncommercial amateur purposes, including ham radios and citizen band radios.
[Added 4-9-2018 by Ord. No. 718]
TREE PROTECTION ZONE (TPZ)
An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.
USE
Any activity carried on or intended to be carried on in a building or other structure or on a tract of land.
A. 
ACCESSORY USEA subordinate activity to the principal use on a lot and as specified by this chapter.
B. 
PRINCIPAL USEThe primary purpose or purposes for which a lot is occupied and as specified this chapter.
USE AND OCCUPANCY PERMIT
The permit issued by the Zoning Officer which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.
UTILITY
Any utility coming under the jurisdiction of the Public Utility Commission of Pennsylvania.
A. 
SUPPLY UTILITYAny water, electric, gas or oil-generating or treatment facility, supply works, substation, transmission line, distribution line or right-of-way.
B. 
PRINCIPAL SUPPLY UTILITYAny supply utility not an accessory supply utility.
VARIANCE
A modification of the regulations of this chapter granted by the Zoning Hearing Board on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to § 160-128 of this chapter and Section 910.2(a) of the Pennsylvania Municipalities Planning Code[7] (Act 247).
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, waterway, gully or ravine in which water flows in a definite direction or course, either continuously or intermittently, and has a defined bed and banks.
WATER SUPPLY SYSTEM
A system of piping and appurtenances, whether municipally or privately owned, designed for the transmission and distribution of safe, potable water from a centralized water supply or source to residences, commercial buildings, industrial plants or institutions (not including individual on-lot wells).
WETLANDS
Those areas that are inundated and saturated by surface water 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, including swamps, marshes, bogs and similar areas.
WIRELESS
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 4-9-2018 by Ord. No. 718]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics, and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
[Added 4-9-2018 by Ord. No. 718]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based WCF, or any other support structure that could support the placement or installation of a non-tower-based WCF if approved by the Borough.
[Added 4-9-2018 by Ord. No. 718]
WOODLANDS
One-quarter acre or more of wooded land where the largest trees measure at least six inches in diameter at breast height (dbh) or 4.5 feet from the ground. The woodland shall be measured from the dripline of the outer trees. Woodlands are also a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter at breast height (dbh).
YARD
An open space unobstructed from the ground up 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 a building envelope and a lot line or street line.
A. 
FRONT YARDA 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.
B. 
REAR YARDA yard extending across the full width of a lot and lying between a structure and the property lines opposite the street, or the corner of a triangular lot furthest from the street line and the nearest point of a structure. In the case of a corner lot, no rear yard is required.
C. 
SIDE YARDA 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.
D. 
REQUIRED YARDThe minimum dimension required by this chapter for front, side and rear yards.
ZONING PERMIT
A building permit or use and occupancy permit, or both, whichever is required in a specific circumstance.
[1]
Editor's Note: See Ch. 58, Building Construction, Art. III.
[2]
Editor's Note: See Ch. 58, Building Construction, Art. III.
[3]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[4]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor’s Note: The former definition of “tower, communications,” which immediately followed this definition, was repealed 4-9-2018 by Ord. No. 718.
[7]
Editor's Note: See 53 P.S. § 10910.2(a).