[Ord. 5/9/1972, § 200; as amended 5/13/2010]
As used in these regulations, words expressed in their singular
form include their plural meanings; and words expressed in the plural
include their singular meanings. The word "person" includes a corporation,
unincorporated association, tribe and partnership, as well as an individual.
The words "building" and "street" are used generally and shall be
construed as if followed by the phrase "or part thereof." The word
"may" is permissive; the words "shall" and "will" are mandatory.
[Ord. 5/9/1971, § 210; as amended by Ord. 7/6/1979A, by Ord. 7/16/1982, § 1; by Ord. 12/15/1987; by Ord. 12/12/1991B, § 4;
by Ord. 11/12/1992, § 1; by Ord. 7/10/1997, §§ 1, 2; by Ord. 9/9/2004, §§ 5, 6; and
by Ord. 1/11/2007, § 1]
The following words or phrases, when used in these regulations,
shall have the meanings ascribed to them in this section, and in the
Pennsylvania Municipalities Planning Code, 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.
The visible or otherwise apparent discontinuance of a nonconforming
use of a building or premises or the use of a nonconforming structure
or lot; or the removal of the characteristic equipment or furnishings
used in the performance of a nonconforming use without its replacement
by similar equipment or furnishings, or the replacement of the nonconforming
use or structure; commencing when continuous efforts to reestablish
(such as lease, rental, sale, etc.) a nonconforming use have ceased.
A commercial establishment having as a substantial or significant
portion of its stock-in-trade, books, magazines, photographs, video
tapes, or other materials which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to "Specified
Sexual Conduct" (as hereinafter defined).
An establishment used for presenting motion pictures distinguished
or characterized by an emphasis on matter depicting, describing or
relating to "Specified Sexual Conduct" (as hereinafter defined) for
observation by patrons therein.
Any person, other than the developer, who, acting for the
developer, submits to the Commission and the Township Supervisors
plans for the purpose of obtaining approval thereof.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
A right-of-way providing secondary vehicular access to the
side or rear of two or more properties.
As applied to a building or structure, a change or re-arrangement
in the structural parts or an enlargement, whether by extending on
a side or increasing in height, or the moving from one location or
position to another.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his/her heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
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 plat or plan, or
for the approval of a development plan.
The Montour Township Board of Supervisors.
LOT AREAThe area contained within the property lines of individual parcels of land shown on a tax parcel map or on a subdivision plan, excluding any area within a street right-of-way, but including the area of any easement or future right-of-way.
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.
FLOOR AREAThe sum of the areas of the several floors of a building structure, including areas used for human occupancy and basements, attics and penthouses, measured from the exterior faces 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.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[1]
A story, partly underground but having 1/2 or more of its
height (measured from floor to ceiling) above the average level of
the adjoining ground. A basement shall be counted as a story for the
purpose of height measurement or determining floor area only if the
vertical distance between the ceiling and the average level of the
adjoining ground is more than five feet or is used for business or
dwelling purposes. For floodplain management purposes, a basement
shall be that area of a structure or building having its floor subgrade
(below ground level) on all sides.
A residential structure, or part thereof, designed or converted
to provide the necessary sanitary facilities, lighting and parking,
etc., for the purpose of renting rooms and the provision of breakfast
meals to transient or overnight guests by the owner or operator for
temporary periods of time.
The length of a wind turbine blade measured from the tip
of any blade to the hub of the nacelle.
[Added 5/13/2010]
The Montour Township Zoning Hearing Board.
Any structure, including mobile homes, having a roof supported
by columns, or enclosed within exterior walls or fire walls, built,
erected, or framed of component structural parts, and intended for
the shelter, housing or enclosure of persons, animals or property.
BUILDING, ACCESSORYA detached subordinate structure, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.
BUILDING, PRINCIPALThe main structure on a given lot, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind.
That percentage of the plot or lot area covered by the building
area.
A vertical distance measured from the mean elevation of the
proposed finished grade at the front of the building to the highest
point of the roof for flat roofs, to the deck lines of mansard roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
A line within a property defining the required minimum distance
between any structure and the adjacent street line.
A club, bar, tavern, theater, hall or similar place which
features topless or bottomless dancers, entertainers or employees,
strippers, simulated sex acts, live or actual sex acts, or similar
entertainers or entertainment.
A tract or tracts of land, or any portion thereof, used for
the purpose of providing three or more spaces for motor homes, recreational
vehicles, travel trailers or tents, with or without a fee charged
for the leasing, renting or occupancy of such space.
The portion of a street or alley intended for vehicular travel.
A story, partly underground and having more than 1/2 of its
height (measured from floor to ceiling) below the average level of
the adjoining ground. A cellar shall not be considered in determining
the permissible number of stories or square footage nor shall it be
used for dwelling purposes.
The Governor's Center for Local Government Services
located within the Pennsylvania Department of Community and Economic
Development.
A line located exactly in the center of the width of the
cartway, right-of-way, easement, access, road, or street.
Uncontaminated, non-water-soluble, non-decomposable inert
solid material disposal, for which any form of compensation or consideration
is exchanged, whether immediate or deferred, for the fill material
or its transport and placement. The term as used herein does not include
normal and customary soil, shale, gravel, stone and other aggregates
sold as a conventional business enterprise so long as those materials
are free of any form of solid waste.
An area of unobstructed vision at street intersections defined
by two street center lines and by a line of sight between two points
on the street center lines at a given distance from the intersecting
street center lines.
A residential development, in which individual dwelling units
and/or buildings are grouped together. Modification or reduction of
the minimum yard and lot size requirements is permitted in exchange
for an equivalent amount of land in open space to be preserved for
scenic, recreation, or conservation purposes. The overall dwelling
unit density of the cluster development shall be established during
the subdivision and land development plan approval process.
[Added 9/13/2007]
The Montour Township Planning Commission, unless otherwise
noted.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
A building or structure, or non-structural improvement such
as an easement for utilities or stormwater controls, jointly owned
and/or maintained by property owners within a subdivision, or by a
governmental agency, to provide a public service.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The complete plan for the continuing development and redevelopment
of Montour Township as recommended by the Planning Commission and
currently adopted by the Township Supervisors.
A use which may be permitted in one or more zoning districts
upon the recommendation of the Planning Commission to the Township
Supervisors which may grant approval pursuant to applicable standards
and criteria expressed in this chapter, the Township Subdivision and
Land Development chapter and other applicable regulations.
A building or group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
An agreement or correspondence between matters being compared
which denotes a reasonable rational, similar connection or relationship.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
Dwelling units created by the division of a large building
(single-unit dwelling, barn, or other structure) into a multi-unit
structure without substantially altering the building exterior.
A residential structure, designed or converted to provide
the necessary sanitary facilities, lighting and parking, etc., for
the purpose of renting rooms and the provision of meals to transient
or overnight guests for temporary periods of time or the provision
of individual or banquet meals as a commercial enterprise.
Columbia County, Pennsylvania, unless otherwise noted.
A land use and growth management plan, prepared by the County
Planning Commission and adopted by the County Commissioners, which
establishes broad goals and criteria for municipalities to use in
preparation of their Comprehensive Plan and land use regulations.
A facility enrolling more than six young children where tuition,
fees, or other forms of compensation for the care of the children
are charged and which is licensed or approved to operate as a child
day-care center by the Pennsylvania Department of Human Services.
Facilities for the daily care of adults, whether elderly, handicapped,
or otherwise incapable of independent living, which may provide meals,
limited nursing care, recreational activities and supervision, but
not including twenty-four-hour care.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance to do so, either by reason of the grant
of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas of
the 26th Judicial District, Columbia County Branch.
A dependant-care unit, as used herein, is intended to provide
a place of residence for members of the immediate family, where some
form of personal care or assistance in daily living is necessary,
whether for reason of health, mental or physical disability, or age
limitations in daily living capability. Nothing in this definition
or implementing provisions is intended to change the limitation of
one dwelling unit per lot for persons not requiring family care.
A region within a county or counties, described in a municipal
or multimunicipal plan, that preferably includes and surrounds a city,
borough or village and within which residential and mixed-use development
is permitted or planned for at densities of one unit to the acre or
more; commercial, industrial and institutional uses are permitted
or planned for; and public infrastructure services are provided or
planned.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, the placement
of mobile homes, streets, and other paving, utilities, filling, grading,
excavation, mining, dredging, or drilling operations and the subdivision
of land.
A formal binding written agreement between a developer and
Montour Township negotiated as part of the subdivision or land development
plan approval process which specifies responsibilities of the developer
as conditions of plan approval including, but not limited to, qualities
of development, design and construction, timing of development and
public infrastructure availability/connections, community facility
or other improvements construction and/or financial contributions
for on-site or off-site locations and may, at the option of the Township,
also list obligations assumed by the Township.
Any land development that, because of its character, magnitude,
or location, will have substantial effect upon the health, safety,
or welfare of citizens in more than one municipality.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
A zoning district as laid out on the Zoning Map, along with
the regulations pertaining thereto.
A lot with front and rear street frontage.
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
A person who is using, or is attempting to recover from the
use of a drug, controlled substance or alcohol, and who is or was
in a state of psychic or physical dependence, or both, arising from
use of that drug, controlled substance, or alcohol on a continuing
basis.
A building containing one or more dwelling units.
SINGLE-FAMILY DETACHED DWELLINGA dwelling having only one dwelling unit from ground to roof, independent outside access and open space on all sides.
SINGLE-FAMILY ATTACHED DWELLINGA dwelling containing only one dwelling unit from ground to floor, independent outside access and a portion of one or two walls in common with adjoining dwellings.
MULTIPLE-FAMILY DWELLINGA dwelling containing two or more dwelling units not having independent outside access and not having party walls forming a complete separation between individual dwelling units. Single-family attached dwellings are specifically excluded from this definition.
Any room or group of rooms forming a single habitable unit
with facilities which are used or intended to be used for living,
sleeping, cooking and eating by one person, one family, or two or
more persons functioning as one household.
DWELLING, ATTACHEDA structure designed for and occupied by two or more dwelling units, each having at least a portion of one wall in common with an adjacent unit, i.e. townhouse or apartment units.
DWELLING, DETACHEDA freestanding structure consisting entirely of a single dwelling unit from ground to roof with independent access and open space on all sides.
DWELLING, MULTIPLE-FAMILYA structure containing two or more dwelling units not having independent outside access and not having a common wall(s) forming a complete separation between individual dwelling units.
A 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.
The entity or entities having an equity interest in the wind
energy facility, including their respective successors and assigns.
[Added 5/13/2010]
A group of individuals living together in a single dwelling
unit with common access to and common use of all living and eating
areas and all areas and facilities for the preparation and serving
of food within the dwelling unit.
A family residence where care is provided for not more than
six persons by an occupant of the home and which is registered by
the Pennsylvania Department of Human Services to provide such care.
For purposes of this chapter, a family day-care center may be considered
as a home occupation.
Any barrier constructed of wood, metal, wire mesh, masonry
blocks, or similar material or any landscaping which consists of plants
located close together (i.e., hedgerow), erected for the purpose of
screening and/or defining one property from another either to assure
privacy or to protect the property screened or demarcate property
ownership or leaseholds. For purposes of this chapter, a fence shall
be considered a structure for which a zoning permit shall be required;
provided, however, that a temporary safety fence for active construction
areas or to protect from hazards shall not require a zoning permit.
A fence shall be required to meet the standards of § 602.
A temporary condition of partial or complete inundation of
normally dry land area from the overflow of a stream, river or watercourse
or from the rapid and unusual accumulation of surface waters from
any source.
Any 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.
The channel of the watercourse and those portions of the
adjoining floodplains which are reasonably required to carry and discharge
the one-hundred-year flood. The boundary of the one-hundred-year floodway
is an indicated on the maps and flood insurance studies provided by
FEMA (the Federal Emergency Management Agency). In an area where no
FEMA maps nor studies have defined the boundary of the floodway, it
is assumed, absent evidence to the contrary, that the floodway extends
from the stream to 50 feet landward from the top of the bank of the
stream.
The management of forests and timberlands, when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development. Silvicultural
principles involve the use of best management practices for the establishment,
development, reproduction and care of forest trees.
An area of a municipal or multimunicipal plan outside of
and adjacent to a designated growth area where residential, commercial,
industrial and institutional uses and development are permitted or
planned at varying densities and public infrastructure services may
or may not be provided, but future development at greater densities
is planned to accompany the orderly extension and provision of public
infrastructure services.
(1) The right-of-way width required for the expansion of
existing streets to accommodate anticipated future traffic loads;
(2) a right-of-way established to provide future access to or through
undeveloped land.
That which exhibits consistency.
The Montour Township Board of Supervisors.
A facility or dwelling unit housing persons unrelated by
blood or marriage which operates as a group household, including but
not limited to sobriety houses, recovery homes, halfway houses, homes
for orphans, foster children, students, the elderly, battered children
and women, persons seeking a more affordable housing arrangement,
and limited treatment facilities providing less than primary health
care. Such facilities are considered primarily residential in nature.
Any floor area within a dwelling unit that is usable for
living purposes, including areas for working, sleeping, eating, cooking
and recreation, or a combination thereof. Floor area used only for
storage purposes, such as closet, attic, or unimproved basement space
shall not be considered habitable floor area.
(see "GROUP HOME/GROUP CARE FACILITY")
Any substance or mixture of substances having properties
capable of producing adverse effects on the health or safety of a
human being including, but not limited to, corrosive, explosive, instantly
ignitive, toxic, radioactive and pathogenic.
An administrative proceeding conducted by a board pursuant
to Section 909.1 of the Pennsylvania Municipalities Planning Code.[2]
A room(s), or portion or combination thereof, of a home which
is used for the conduct of the resident's occupation or household
business functions, home occupation, or home business activities so
long as such activities do not include public clientele visitation.
The distance measured from the surface of the tower foundation
to the top of the wind turbine hub (nacelle), to which the rotor blades
are attached.
[Added 5/13/2010]
Any combination of activities, uses or operations which may
involve receipt and storage of materials or equipment, cleaning, processing,
repair, overhaul, retrofit, testing, fabrication or assembly to produce
a salable product or service which may be shipped or sold on site.
Use of a lot or parcel for other than full-time occupancy,
for seasonal, leisure, and other recreational activities.
A motor vehicle not bearing a current registration or inspection
which is stored outside of an enclosed structure for a period of time
exceeding 180 days, unless completely covered or tarped with an opaque
material which is securely tied down.
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; or
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.
Development which involves the following shall be excluded:
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; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an amusement park is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
Any ordinance or map adopted pursuant to the authority granted
in Articles IV, V, VI and VII of the Pennsylvania Municipalities Planning
Code.[3]
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land shall be deemed
to be a landowner for the purposes of this chapter.
A safe stopping area at the intersection of streets or the
intersection of a driveway and a street which is designed in accordance
with the standards of this Township.
A designated parcel, tract or area of land, established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREAThe area contained within the property lines of the individual parcels of land as shown on a plan, excluding any area within a street right-of-way but including the area of any easement or future right-of-way.
LOT, CORNERA 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°.
LOT DEPTHThe mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
LOT, DOUBLE-FRONTAGEA lot with front and rear street frontage.
LOT LINESAny boundary line of a lot.
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 having no street frontage or a lot of an odd shape, the property owner shall have the option of choosing which is the rear lot line, subject to the approval of the Zoning Officer.
SIDE LOT LINEAny lot line that is not a street line or a rear lot line.
STREET LINE(see STREETS)
A lot which has been recorded in the office of the Recorder
of Deeds of Columbia County, Pennsylvania.
The distance between the side lot lines measured at the building
setback line.
A lot extending between and having frontage on an arterial
or collector street and a local street with vehicular access solely
from the local street.
An interior lot having frontage on two parallel or approximately
parallel streets.
The lowest floor or the lowest enclosed area (including a
basement). An unfinished or flood resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of
the National Flood Insurance Program.
(See "industrial.")
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes but is not limited to limestone and dolomite, sand
and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore,
vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
Those repairs which do not increase the size of a structure
by more than six inches, including but not limited to the installation
of roofing or siding.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be jointed 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 with or without a permanent
foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A transportable structure intended for temporary occupancy
as an office or place of business, or construction headquarters, 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 is may be used without a permanent foundation.
Housing units, whether for a single family or multiple-family
units, designed and manufactured in two or more standard sections,
which are trucked or shipped and joined into one integral unit on
the site. For purposes of this chapter, such housing must be placed
upon a permanent foundation so that it cannot be separated for further
towing and shall not include mobile homes.
A series of attached or semi-attached dwelling structures
or rooms which are designed to provide sleeping accommodations for
transient or overnight guests.
A plan developed and adopted by any number of contiguous
municipalities, including a joint municipal plan as authorized by
the Pennsylvania Municipalities Planning Code.[4]
A planning agency comprised of representatives of more than
one municipality and constituted as a joint municipal planning commission
in accordance with Article XI of the Pennsylvania Municipalities Planning
Code,[5] or otherwise by resolution of the participating municipalities,
to address, on behalf of the participating municipalities, multimunicipal
issues, including but not limited to agricultural and open-space preservation,
natural and historic resources, transportation, housing and economic
development.
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
Any city of the second class or third class, borough, incorporated
town, Township of the first or second class, county of the second
class through eighth class, home rule municipality, or any similar
general-purpose unit of government which shall hereafter be created
by the General Assembly.
The construction, reconstruction, extension, expansion, alteration,
location or relocation of a building (including mobile homes), structure
and/or improvements (such as streets, utilities, etc.).
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the newly adopted or amended ordinance by reason
of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable standards and provisions in this chapter,
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter. Such nonconforming structures
include but are not limited to nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter, or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment or prior to the
application of this chapter or amendment to its location.
Any landowner except those on whose property all or a portion
of a wind energy facility is located pursuant to an agreement with
the facility owner or operator.
[Added 5/13/2010]
A permit or certificate issued by the Zoning Officer indicating
that the project has been completed in accordance with the terms of
the zoning permit and authorizing occupancy of the premises.
A single family or multifamily dwelling, school, hospital,
church, public library or other building used for public gathering
that is in use when the zoning permit application is filed.
[Added 5/13/2010]
A map adopted by ordinance by the Montour Township Supervisors
pursuant to Article IV of the Pennsylvania Municipalities Planning
Code.
A flood that, on the average is likely to occur once every
100 years (i.e. that has a 1% chance of occurring each year, although
the flood may occur in any year).
The horizontal area of land or surface water within or related
to a development, predominately undeveloped, not owned individually
or dedicated to the public, which is designed or intended for the
common use or enjoyment of the residents, owners or tenants of the
development and may include such complimentary structures or improvements
as are necessary and appropriate.
COVERED OPEN SPACEExterior space open on its sides to weather but not open above to the sky and weather including roofed porches, carports and covered balconies. For purposes of this chapter, covered open space shall not be counted toward fulfillment of required open space.
The entity responsible for the ongoing operation and maintenance
of a wind energy facility, or other commercial or industrial facility
or operations, business, factory, institution, shopping center, truck
terminal, hospital or medical center.
[Added 5/13/2010]
A public, semi-public, or private facility which provides
outdoor recreational enjoyment and activity to the members of the
organization which owns the facility or to the general public, either
for free or on a fee basis. A park may include activities such as
golf, tennis, basketball, baseball, swimming, hiking, picnicking and
playgrounds and may also include buildings and accessory structures.
An off-street space available and designed, developed and
intended for the parking of one motor vehicle and having direct usable
access to a street or road, all in accordance with the requirements
of this chapter.
A landowner upon whose property all or a portion of a wind
energy facility is located pursuant to an agreement with the facility
owner or operator.
[Added 5/13/2010]
A planning commission, planning department, or a planning
committee of the governing body.
The map or plan of a subdivision or land development, whether
preliminary or final.
Building materials designed and manufactured as a complete
package intended to be assembled on site into a residential dwelling(s).
For the purposes of this chapter, such housing must be placed upon
a permanent foundation.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
Land used for agricultural purposes that contains soils of
the first, second or third class, as defined by the United States
Department of Agriculture Natural Resource and Conservation Services
Columbia County Soil Survey.
A structure(s) which houses the main use or activity on a
given lot or parcel.
The primary use or activity on a lot or parcel.
At least 51% of the actual square footage of the structure
is above ground.
The office of a member of a profession recognized either
by State licensing or certification or by a national professional
society which publishes standards or certifies its members or practitioners.
Includes:
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with the Pennsylvania
Municipalities Planning Code.
A designated growth area and all or any portion of a future
growth area described in a county, multimunicipal or Montour Township
Comprehensive Plan where public infrastructure services will be provided
and outside of which such public infrastructure services will not
be required to be publicly financed.
Services that are provided to areas with densities of one
or more units to the acre, which may include sanitary sewers and facilities
for the collection and treatment of sewage, water lines and facilities
for the pumping and treating of water, parks and open space, streets
and sidewalks, public transportation and other services that may be
appropriate within a growth area but shall exclude fire protection
and emergency medical services and any other service required to protect
the health and safety of residents.
A 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 published once each week for two successive weeks
in a newspaper of general circulation in Montour Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A system designed to treat the sewage wastes of more than
one dwelling unit and which discharges the resultant outflow into
a stream or other body of water. Such a system must be designed in
accordance with the standards of and be permitted by the Pennsylvania
Department of Environmental Protection. These systems shall include
municipal treatment facilities as well as package treatment plants
installed by private developers and licensed by the Pennsylvania Public
Utility Commission.
A privately owned corporation or business or publicly owned
authority which provides services such as water supply, wastewater
collection and treatment, electricity, telephone or telecommunications,
or heat directly to the public and which is regulated by the Pennsylvania
Public Utility Commission.
[Added 5/13/2010]
A vehicular type of portable structure without permanent
foundation, which can be towed, hauled or driven and is primarily
designed as temporary living accommodation for recreational, camping
and travel use and including, but not limited to, travel trailers,
truck campers, camping trailers and self-propelled motor homes.
Any site upon which three or more recreational vehicles are,
or are intended to be, located.
A planning agency that is comprised of representatives of
more than one county. Regional planning responsibilities shall include
providing technical assistance to counties and municipalities, mediating
conflicts across county lines and reviewing county Comprehensive Plans
for consistency with one another.
The flood that has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
prepared; the one-hundred-year flood.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 foot.
(see RESIDENTIAL TREATMENT FACILITY)
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant, other than a solicitor
to any other body, board, officer or consultant, for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A nonhospital inpatient facility for drug dependent persons
following physiological detoxification. The facility may provide a
full range of treatment and supportive services carried out specifically
to alleviate the dysfunction of the resident. This may include the
systematic application of social, psychological or medical service
methods to assist individuals to deal with the causative effects or
consequences of drug or alcohol abuse. For the purposes of this chapter,
such facilities may also be referred to as REHABILITATION CENTERS.
(see "LOT, REVERSE-FRONTAGE")
Land set aside for use as a street, alley or other means
of travel.
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 or board and lodging by pre-arrangement 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 purposes of this
chapter, not as a roomer, boarder or lodger but as a guest of a commercial
lodging establishment (motel, hotel, tourist home).
A building containing a single-family dwelling unit and rooms
for the Boarding of more than three persons for periods of time in
excess of one week for some form of compensation. For purposes of
this chapter, such homes shall not include group homes or group care
facilities as defined herein.
An area described in a municipal or multimunicipal plan within
which rural resource uses, including but not limited to agriculture,
timbering, mining, quarrying and other extractive industries, forest
and game lands and recreation and tourism, are encouraged, and enhanced
development that is compatible with or supportive of such uses is
permitted, and public infrastructure services are not provided except
in villages.
For the purposes of this chapter, a satellite dish antenna
shall be defined as an accessory structure capable of receiving radio
or television signals from a transmitter or transmitter relay located
in planetary orbit.
A barrier to visibility, glare, noise and dust between adjacent
properties or between dwellings or commercial establishments or industrial
facilities and public streets made of plant materials as specified
herein.
A dwelling intended for occupancy only occasionally during
the year, including dwellings intended for summer or winter recreational
use such as cottages, hunting cabins, vacation lodges, and similar
facilities. For purposes of this chapter, a recreational vehicle shall
not be considered to be a seasonal dwelling.
A structure or structures designed or converted to provide
the necessary security, access, parking and lighting for the purpose
of rental of enclosed lockable unit spaces to the public for general
purpose storage, not including any toxic or hazardous materials nor
materials posing potential environmental detriment or public safety
hazard.
Any sewer, sewage system, sewage treatment works or parts
thereof designed, intended or constructed for the collection, treatment
or disposal of liquid waste (including industrial waste).
The coarse screenings, grit and dewatered or air-dried sludges,
septic and holding tank pumpings and other residues from municipal
and residential sewage collection and treatment systems, or as defined
by Pennsylvania law or Department of Environmental Protection regulations.
A single tower, or multiple towers, situated on a lot or
farm to provide energy from a wind turbine source to an individual
home, multifamily residential use, offices or business and industrial
or agricultural uses located on the same lot or farm. The wind energy
is not to be provided to others for sale off-site in the power grid.
The small wind energy system shall follow the rules of net metering
under the State policy where applicable.
[Added 5/13/2010]
A rooming or boarding house which is not a residential treatment
facility or transitional living facility and of which a substantial
number of its residents are drug dependent persons.
A use permitted in a district as provided for herein which shall be approved by the Montour Township Zoning Hearing Board as set forth in Part 11 of this chapter.
A special approval issued by the Department of Community
Affairs and/or Montour Township in accordance with Section 38.6 of
the DCA Floodplain Management Regulations for specific types of development
and obstructions which present a special hazard to the health and
safety of the public or occupants, or may result in significant pollution,
increased flood levels or flows, or debris endangering life or property,
when such development or obstructions are located in all or a designated
portion of a floodplain.
A detailed plan for nonresidential development of an area
covered by a municipal or multimunicipal Comprehensive Plan which,
when approved and adopted by the participating municipalities through
ordinances and agreements, supersedes all other applications.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations or descriptions of masturbation, excretory
functions and lewd exhibition of genitals.
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-story
is a 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.
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel, as a street,
avenue, boulevard, road, highway, freeway, parkway, lane, alley, cul-de-sac,
service drive, viaduct and any other ways used or to be used, whether
public or private. Streets are further classified as follows:
PRINCIPAL ARTERIALThese are normally limited-access highways with interstate designation which serve corridor movement having trip length and travel density characteristics indicative of substantial State-wide or interstate travel. They serve urban areas over 50,000 in population and most of those with over 25,000 in population. They provide an integrated network except where geographical or other unusual conditions dictate stub connections.
MINOR ARTERIALThese are major highways or roads that serve the remaining urban areas (over 5,000 in population) and other major traffic generators having an equivalent population. They form an integrated network with the principal arterials to provide intrastate and intercounty service. These generally include Federal Aid Primary routes, State designated routes, and US traffic routes not classified principal arterials.
MAJOR COLLECTORThese are roads which serve county seats and other established communities not adequately served by the arterial system. They serve consolidated schools, industrial, shipping and agricultural centers, parks and other public facilities, etc., and provide service to nearly all developed areas. State designated routes may be included. Desirable operating speeds range from 35 to 55 mph.
MINOR COLLECTORThese are roads owned by the State or Township which provide connections to local roads and minor arterials. They serve small boroughs, villages, developed areas, agricultural areas, and local public facilities or convenience commercial businesses. Traffic volumes and trip lengths vary greatly depending upon size and distance between generators and major collectors or arterials. Desirable operating speeds range from 30 to 50 mph.
LOCAL ROADThese include all remaining routes which primarily provide access to adjacent land. They provide the lowest level of mobility on which through traffic movement is deliberately discouraged and do not include State designated routes. Traffic volumes are normally very low and desirable operating speeds range from 25 to 40 mph.
MARGINAL ACCESS STREETLocal streets, parallel and adjacent to major collectors and minor arterials, for the purpose of providing safe access to abutting properties and control of intersections with major streets.
CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
ALLEY or SERVICE DRIVEA minor right-of-way which provides a secondary access primarily for service to the back or sides of properties.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way; provided that, where
a future right-of-way width for a road or street has been established,
then that width shall determine the location of the street line.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
MAJOR SUBDIVISIONAny subdivision that does not qualify as a minor subdivision as defined hereinbelow.
MINOR SUBDIVISIONThe subdivision of land into not more than four lots, tracts or parcels which does not require any new street, sanitary sewer, storm sewer, water main or distribution line or any other municipal facility or public improvement; provided, however, that the calculation of the number of lots shall be determined on a cumulative basis including all subdivisions from the parent tract subsequent to October 13, 1971, the date the Montour Township Subdivision and Land Development Ordinance [Chapter 22] was first enacted.
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the Pennsylvania Municipalities
Planning Code[6]) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
The Montour Township Supervisors.
A man-made object with walls of man-made materials intended
to enclose water over 24 inches deep for recreational bathing or swimming,
including in-ground, above-ground and on-ground swimming pools, hot
tubs and spas; provided, however, that farm ponds, lakes and rivers
are not included if swimming is not the primary purpose for their
construction or use. A swimming pool shall be considered a structure.
[Added 3/14/2013]
HOUSEHOLD SWIMMING POOLA swimming pool that is intended to serve the residents of only one dwelling unit and their occasional guests.
NON-HOUSEHOLD SWIMMING POOLA swimming pool that does not qualify as a household swimming pool as defined hereinabove.
The foundation, typically made of reinforced concrete, which
extends below the ground surface and to which the wind tower is attached.
[Added 5/13/2010]
Montour Township, Columbia County, Pennsylvania, including,
for purposes of this chapter, its officials, agents, or designees.
A vehicle designed for human habitation not equipped with
running water, bath facilities, flush toilet or appropriate sanitary
connections.
A structure wherein supportive services are provided in a
semi-protected home-like environment to assist a drug dependent person
in gradual re-entry into the community. No formal treatment, such
as counseling or psychotherapy, takes place at the facility. Such
facilities are considered live-in/work-out facilities.
A structure or group of structures owned and/or operated
by a truck firm(s) intended to be used for loading, unloading, storage,
transfer and dispatching of truck-transported goods, including truck
maintenance and fueling facilities.
The distance measured from the surface of the turbine tower
foundation to the highest point in vertical position of the turbine
rotor blade.
[Added 5/13/2010]
Any activity, occupation, business or operation carried on
or intended to be carried on in a building or other structure or on
a tract of land.
ACCESSORY USEA use located on the same lot with a principal use and clearly incidental or subordinate to and customary in connection with the principal use.
PRINCIPAL USEThe main use on a lot.
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 appropriate provisions
of the chapter and Section 912 of the Pennsylvania Municipalities
Planning Code (Act 247).
An unincorporated settlement that is part of a Township where
residential and mixed-use densities of one unit to the acre or more
exist or are permitted and commercial, industrial or institutional
uses exist or are permitted.
A structure or group of structures owned or leased and/or
operated by a businessman or firm(s) used or intended to be used for
loading, unloading, storage and directly related functions, including
smaller compartments or rooms leased for self-storage.
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within a municipality.
Any river, stream, run, rill, drainageway, lake, pond or
other body of water, whether permanent or intermittent.
Places of business engaged primarily in selling merchandise
to retailers; to industrial, commercial, institutional or professional
business users; or to other wholesalers.
An electric generating facility, whose main purpose is to
supply electricity for sale to the power grid consisting of multiple
wind turbines and other accessory structures and buildings, including
substations, transmission lines, meteorological towers, electrical
infrastructure, and other appurtenant structures and facilities.
[Added 5/13/2010]
In total a structure for converting wind sources into electricity
through a system using a wind turbine generator that includes the
nacelle, rotor, blades, tower, foundation, and pad transformer with
transmission lines sending the electricity to a power substation.
[Added 5/13/2010]
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any.
[Added 5/13/2010]
An open space unobstructed from the ground up, except as
may be permitted herein, on the same lot with a principal use structure,
extending along a lot line or street line and inward to the principal
use structure. The size of a required yard shall be measured as the
shortest distance between the principal use structure and a lot line
or street line.
FRONT YARDAn open space between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards. In the case where a property does not abut a public road, the property owner shall have the option of choosing which is the front yard, subject to the approval of the Zoning Officer.
REAR YARDAn open space between a principal use structure and a rear lot line and extending the entire length of the rear lot line.
SIDE YARDAn open space between a principal use 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.
The duly appointed municipal official designated by the Township
Supervisors as the administering and enforcing officer for this chapter.
A written statement issued by the Zoning Officer authorizing
buildings, structure, the occupancy thereof, or uses consistent with
the terms of this chapter and for the purpose of carrying out and
enforcing its provisions.
