As used in this chapter, words and terms used herein shall be
interpreted as follows:
A.Â
Words used in the present tense include the future.
B.Â
The singular includes the plural and plural includes the singular.
C.Â
The word "building" includes the word "structure" and shall be construed
as if followed by the words "or part thereof."
D.Â
The word "lot" includes the word "plot" or "parcel."
E.Â
The term "shall" means "mandatory."
F.Â
The term "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be occupied."
G.Â
The word "person" includes a corporation, firm, company, partnership
and association, as well as the individual, and includes a trustee,
receiver, assignee or similar representative.
H.Â
The word "Commission" and the words "Planning Commission" always
mean the Borough of Chalfont Planning Commission.
I.Â
The word "Council" or the words "Borough Council" always mean the
Borough of Chalfont Council.
J.Â
The word "Board" or the words "Zoning Hearing Board" always mean
the Borough of Chalfont Zoning Hearing Board.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
in this article:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 9-10-2019 by Ord.
No. 457]
A use, building or structure which is customarily incidental
and subordinate to the principal use, building or structure and which
is located on the same lot therewith.
FIGURE 1.
|
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.
The cultivating of the soil and the raising and harvesting
of the products of the soil, including, but not by the way of limitation,
nursery, nursery sales yards, horticulture and forestry and animal
husbandry.
An incidental change, rearrangement, replacement or enlargement
in the structural parts of a building or structure or in the means
of egress, by extending on a side or by increasing in height or the
moving from one location or position to another. This shall not add
additional square footage or affect the location of the structure
or building.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 9-10-2019 by Ord.
No. 457]
Any landowner, lessee or his/her authorized agent who submits
plans, data and/or applications to the Borough for the purpose of
obtaining approval thereof.
A body politic and corporate created pursuant to the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The temporary care of any number of children at a dwelling
customarily and regularly occupied by the children as their residence.
An enclosed area of a building partly or completely below-grade.
A basement shall be considered as a floor for the purpose of gross
floor area measurement if the ceiling is five feet or more above the
basement floor level. A basement must meet the latest adopted version
of the Pennsylvania Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
FIGURE 2.
|
A strip of required yard space adjacent to the boundary of a property or district not less in width than is designated in § 440-20 of this chapter and on which is placed year-round shrubbery, hedges, evergreens or other suitable planting of sufficient height and density to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district. A buffer area may include a wall or fence, provided that such wall or fence shall be screened or constructed in such a manner that it will not conflict with the character of the abutting district.
Any structure having enclosing walls and a roof, permanently
located on the land.
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot above the ground level, measured at the
greatest outside dimensions, excluding cornices, eaves, gutters or
chimneys projecting not more than 18 inches, bay windows not extending
through more than one story and not projecting more than five feet,
steps and balconies.
The building envelope is 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 standard.
A building in which is conducted the principal use of the
lot on which it is situated.
The line which establishes the minimum depth of front yard
for the particular district as measured from the legal right-of-way
line.
The minimum distance between two buildings. The building
space shall be measured from the outermost wall or projections, excluding
ornamental features, cornices and gutters, provided these exceptions
do not encroach more than two feet.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Added 9-10-2019 by Ord.
No. 457]
A use permitted in a particular zoning district pursuant to the provisions of § 440-148 of this chapter.
An ownership arrangement, not a land use; therefore, it is
allowed in any district and under the same restrictions as the residential
land uses that it comprises. A condominium shall not negate lot or
other requirements intended to provide adequate land, air and privacy.
A "condominium" is a dwelling unit which has all of the following
characteristics:
The unit (the interior and associated exterior area designated
for private use in the development plan) is owned by the occupant.
The unit may be any permitted dwelling type or land use.
All or a portion of the exterior open space and any interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3103 et seq., and in accordance with the provisions for open space, roads or other development features as specified in this chapter and Chapter 370, Subdivision and Land Development.
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to commercial practices) or any successor
regulation and which complies with the provisions for "consumer fireworks"
as defined in the American Pyrotechnics Association (APA), Standard
87-1, including, but not limited to, Sections 3.1 and 3.5, or any
successor standard. The term does not include devices such as "ground
and handheld sparkling devices," as defined in APA Standard 87-1,
Section 3.1.1, "novelties," as defined in APA Standard 87-1, Section
3.2, or "toy caps," as defined in APA Standard 87-1, Section 3.3.
[Added 1-14-2020 by Ord. No. 459]
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.
A measure of the number of dwelling units per acre calculated
by dividing the total number of dwelling units on a lot by the base
buildable site area.
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.
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health of the commonwealth to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act, 35 P.S. § 10231.101 et seq.[1]
[Added 9-12-2017 by Ord.
No. 435]
As more fully set forth in 27 CFR 555.11 (Meaning of terms),
incorporated herein by reference, which meet the types of display
fireworks devices set forth in the APA Standard 87-1, Section 4.1,
and which comply with requirements for display fireworks set forth
in APA Standard 87-1.
[Added 1-14-2020 by Ord. No. 459]
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 9-10-2019 by Ord.
No. 457]
A vehicular accessway connecting a street and a parking lot
or garage and located within a lot. All driveways within the legal
right-of-way shall be paved with bituminous or concrete paving.
A building designed for and occupied exclusively for residential
purposes, excluding a hotel, rooming house, tourist home, institutional
home, residential club, motor court and the like.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A building or portion thereof providing complete housekeeping
facilities for one family.
Single-family detached dwelling. A single-family detached dwelling
on an individual lot with private yards on all sides of the house
and with no public or community open space. Detached dwellings may
include dwellings constructed on the lot, prefabricated dwellings,
manufactured dwellings, modular dwellings and mobile homes. See Figure
3.
|
FIGURE 3.
 |
Single-family attached dwelling.
Twin. Two single-family attached dwelling units having only
one dwelling unit from ground to roof and only one wall in common
with another dwelling unit. See Figure 4.
Duplex. A single-family attached structure with one dwelling
unit located above another dwelling unit. The dwelling units share
a common lot area which is the sum of the required lot areas of all
dwelling units within the building. There shall be not more than two
dwelling units per structure, and each unit shall have individual
outside access.
FIGURE 4.
|
Townhouse. A single-family attached dwelling unit with one dwelling
unit from ground to roof, having individual outside access and in
a row of at least three such units.
Multiple dwelling.
Garden apartments. A grouping of dwelling units sharing common
elements which may include common outside access. See Figure 5.
FIGURE 5.
|
MULTIPLE UNITAn attached dwelling unit which may be arranged in a variety of configurations side by side, back to back or vertically. The dwelling units share a common lot area which is the sum of the required lot areas of all dwelling units within the building. The essential feature is the small number of units attached. See Figure 6.
FIGURE 6.
|
A grant of the specified use of a parcel of land by the property
owner to a person, the public or a corporation. See Figure 1.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A condition that:
[Added 9-10-2019 by Ord.
No. 457]
A person who is employed or is engaged in gainful activity.
This term is utilized in parking standards of this chapter as a measure
of the number of parking spaces required. It shall refer to the maximum
number of employees on duty at any time at a place of business, whether
the employees are full- or part-time. If shifts are involved and two
shifts overlap, it refers to the total of both shifts.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 9-10-2019 by Ord.
No. 457]
An economic unit, generally at a single physical location,
where business is conducted or services or industrial operations are
performed.
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a dwelling unit
as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability. These uses shall be distinguished from a group occupying
a boardinghouse, club, fraternity or hotel.
Federal Communications Commission.
[Added 9-10-2019 by Ord.
No. 457]
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration, or detonation that meets the definition of 1.4G fireworks
or 1.3G fireworks, as set forth in the latest edition of the International
Fire Code, including, but not limited to, those compositions or devices
defined in APA Standard 87-1.
[Added 1-14-2020 by Ord. No. 459]
The sum of the areas of the several floors of the building
or structure, including areas used for human occupancy or required
for the conduct of the business or use and basements, attics and penthouses,
covered porches and decks as measured from the exterior face of the
walls. It does not include open porches or decks, attics not used
for human occupancy or storage nor any floor space in an accessory
building.
The gross floor area of all buildings or structures on a
lot divided by the total lot area. Also defined as the maximum square
foot amount of total floor area permitted for each square foot of
lot area given as percentage.
GARAGE, PRIVATEA building accessory to or an integral part of a single-family or two-family dwelling for the storage of one or more motor vehicles owned and used by the owner or tenant or a member of his household.
GARAGE, PUBLICA building, other than a private or a storage garage, one or more stories in height, used for the storage of motor vehicles.
GARAGE, STORAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (not trucks) but not for the sale, service or repair of motor vehicles.
A building permitted for this specific use, usually made
of glass or some other transparent material, used for the cultivation,
storage or protection of plants.
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit pursuant to the requirements outlined in 35 P.S. § 10231.101 et seq., to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act, 35 P.S. § 10231.101 et seq.[2]
[Added 9-12-2017 by Ord.
No. 435]
An administrative proceeding conducted by the Borough Council
or the Zoning Hearing Board pursuant to this chapter.
A building's vertical measurement from the mean level of
the ground surrounding the building to a point at the highest point
of the roof.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 9-10-2019 by Ord.
No. 457]
A nonprofit corporation of homeowners for the purpose of
owning, operating and maintaining various common properties.
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
consists of those 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, Natural Resources
Conservation Service, July 1975, are hydric soils:
A surface that does not absorb stormwater, excluding the
water surface of swimming pools. All buildings, hard-surfaced parking
areas and driveways, roads, sidewalks and any area in bituminous paving
concrete and packed stone shall be considered impervious surfaces
within this definition. In addition, other areas determined by the
Borough Engineer to be impervious within the meaning of this definition
will also be classified as impervious.
[Amended 5-9-2022 by Ord. No. 466]
Determined by dividing the total area of all impervious surfaces
within the site by the net buildable site area.
Any alteration of a lot, tract or parcel of land or any structure
thereon which requires the issuance of a building permit and which
is designed to accommodate a new use category or a change from one
use category to another use category under this chapter or to accommodate
a change within a single use category where that change results in
the application of a new or more stringent zoning ordinance requirement.
A space within a structure covered by a roof and enclosed
within four permanent walls.
Any member of the bovine, equine, porcine and ruminant species,
including, but not limited to, confined domesticated hares, rabbits,
horses, ponies, cows, pigs, steer, sheep and goats.
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.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law to be used, developed or built
upon as a unit.
The total horizontal area of a lot lying within the lot lines,
provided that no area of land lying within any street or legal right-of-way
line shall be deemed to be a portion of any lot area. The area of
any lot abutting a street shall be measured to the right-of-way line
only.
A lot located at the intersection of two or more streets.
A lot abutting on a curbed street or streets shall be considered a
corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°. See Figure 7.
A lot other than a corner lot with frontage on only one street.
See Figure 7.
A property boundary line of any lot held in a single and
separate ownership, except that, in the case of any lot abutting a
street, the lot line for such portion of the lot as abuts the street
shall be deemed to be the same as the right-of-way line.
A lot with the frontage of two parallel or approximately
parallel streets and which is not a corner lot; may also be referred
to as a "double frontage lot." See Figure 7.
|
FIGURE 7. LOTS
 |
The minimum distance between side lot lines at the ultimate
right-of-way building setback (See Figure 8). The width shall be measured
in one of the following ways:
Where both side lot lines are perpendicular to the street line
or where the side lot lines angle in opposite directions, the width
is measured parallel to the street line.
In the case of the lot being located on a curved road or cul-de-sac
where the side lot lines angle in opposite directions, lot width is
measured along the shortest tangent to the arc of the building setback
line.
Where both side lot lines angle in the same direction and are
not perpendicular to the street line, lot width shall be the shortest
distance between both side lot lines, measured along a line extending
through the intersection of the front yard and a side yard setback
lines.
For a corner lot, the minimum lot width must be met along both
streets.
FIGURE 8.
|
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A dwelling manufactured under the authority of 42 U.S.C.
§ 5401 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 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.
Act 16 of 2016, 35 P.S. § 10231.101 et seq.
[Added 9-12-2017 by Ord.
No. 435]
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 being again 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 the unit may be used without a permanent foundation.
For the purpose of this chapter, any single mobile home on a lot outside
of a mobile home park shall be considered a detached dwelling unit
and as such shall be subject to all applicable regulations in this
or other Borough ordinances.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 9-10-2019 by Ord.
No. 457]
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation, and Storage of Fireworks and
Pyrotechnic Articles, 2017 edition, or any subsequent edition.
[Added 1-14-2020 by Ord. No. 459]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use.
[Added 6-12-2018 by Ord.
No. 446]
Wireless communications facilities co-located on existing
structures, such as, but not limited to buildings, water towers, electrical
transmission towers, utility poles, light poles, traffic signal poles,
flag poles and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
[Added 9-10-2019 by Ord.
No. 457]
Articles of trade having amusement value and whose appeal
is often transitory, and which is limited to those items for sale
described in American Pyrotechnics Association (APA) Standard 87-1,
Section 3.2.
[Added 1-14-2020 by Ord. No. 459]
That area of land and water to be maintained for the common
use and enjoyment of residents of the Borough and may include trees,
a floodplain, areas around ponds, streams or other bodies of water,
land for recreational purposes, land for historical areas and areas
with other natural or unique features. Areas set aside or preserved
for open space shall be suitable for the designated purposes.
A portion of a lot area designed for the primary use of the
temporary storage of more than one vehicle.
An off-street space available for the temporary parking of
one motor vehicle.
A wall on an interior lot line used or a wall adapted for
joint service between two buildings.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania, provided that person does not include
or apply to the Borough, or to any department or agency of the Borough.
[Added 9-10-2019 by Ord.
No. 457]
Any type of domestic or wild fowl, including chickens, quail,
pheasants, ducks, emu, ostriches and pigeons.
A use, building or structure which is the principal use,
building or structure of any lot or parcel.
A building and related facilities owned or operated by a
corporation, association or a group of individuals established for
the fraternal social, educational, recreational or cultural enrichment
of its members and not primarily for profit and whose members pay
dues and meet certain prescribed qualifications for membership.
A formal meeting held pursuant to public notice by the Borough
Council or the Planning Commission or the Zoning Hearing Board intended
to inform and obtain public comment prior to taking action in accordance
with this chapter.
A building or structure and its equipment used for the transmission
and exchange of telephone, radio telephone, gas, electricity, sewer
and water facilities; provided, however, that in a residential district,
these shall not include public business facilities, the storage of
materials, trucks or repair facilities or the housing of repair crews.
A private or municipal corporation organized and existing
for the distribution and sale of water, electricity, gas or the collection
and disposal of sanitary waste or sewage in accordance with the laws
of the Commonwealth of Pennsylvania.
A vehicle or piece of equipment, whether self-propelled or
designed to be towed or carried, intended to be used primarily for
leisure, recreation or travel. Recreational vehicles or units include
travel trailers, truck-mounted campers, motor homes, folding tent
campers and automobiles or trucks designed for vacation uses and other
vehicles not suitable for daily congenital family transportation.
Snowmobiles, minibikes, all terrain vehicles, go-carts, boats and
boat trailers are also deemed recreational vehicles.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 9-10-2019 by Ord.
No. 457]
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 according to the Borough's fee schedule.
The sale of goods or merchandise to the general public for
personal or household consumption and rendering services incidental
to the sale of such goods.
Land set aside for use as a street or other means of travel
or for use by a utility.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the Borough or commonwealth or other appropriate governing authority and currently in existence.
ULTIMATE RIGHT-OF-WAYThe right-of-way deemed necessary by the Borough of Chalfont, or by other governmental agencies with jurisdiction over roads within the Borough, to provide adequate width for future street improvements. The line from which all future property setbacks are measured and also known as the "street line."
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 and eating purposes and paying compensation for
lodging or board and by prearrangement for a period of time 30 days
or more to an owner or operation. Any person occupying such room or
rooms and paying such compensation without prearrangement or for a
period of less than 30 days 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, bed-and-breakfast, tourist home).
All land area within the site as defined by a site survey.
See § 440-17.
See § 440-17.
See § 440-17.
A wireless communications facility that meets the following
criteria:
[Added 9-10-2019 by Ord.
No. 457]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume.
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Camouflaging methods applied to wireless communications facilities
and accessory equipment 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, and light poles.
[Added 9-10-2019 by Ord.
No. 457]
That part of a building located between a floor and the floor
or roof above. The first story of a building is the lowest story having
75% or more of its wall area above grade level. A half story is a
story under a gable, hip or gambrel roof, the wall plates of which
on at least two opposite exterior walls are not more than two feet
above such story. See Figure 2.
A right-of-way, municipally or privately owned, serving as
a means of vehicular and pedestrian travel, furnishing access to abutting
properties and space for public utilities. A street shall include
the terms avenue, boulevard, highway, parkway, lane, alley 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:
PRINCIPAL ARTERIAL HIGHWAYProvides minimal land access with a high degree of travel mobility, serves major center of urban activity and travel generation, generally serves the highest traffic volume corridors and the longest trip lengths, thus carrying a significant proportion of the total urban area travel and should be continuous, both internally and between major rural connections. The following is an arterial highway: Butler Pike (US 202).
MINOR ARTERIAL STREETProvides greater emphasis on land access with a lower level of travel mobility than on principal arterials, includes most bus routes not on principal arterials and serves larger schools, industries, hospitals, plus small commercial areas not incidentally served by principal arterials. The following are arterial streets: Limekiln Pike/North Main Street (SR 0152), Bristol Road (SR 2025).
COLLECTOR STREETSProvide minimal emphasis on travel mobility, low travel speeds, full land access, penetrate neighborhoods to distribute or collect trips and serve minor travel generators such as local elementary schools, small individual industrial plants, office, commercial and warehouse locations not served by principals or arterials. The following are collector streets: Park Avenue (SR 1006), Sunset Avenue (SR 1006), Moyer Road.
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road or highway legally opened
or officially plotted or between a lot and a privately owned street,
road or way over which the owners or tenants of two or more lots held
in single and separate ownership have the right-of-way.
A street accepted for dedication that has never been built
but is shown on an approved plan, subdivision plat, Tax Map or Official
Map.
Any change in or addition to the supporting or structural
members of a building, such as the bearing walls, partitions, columns,
beams, girders or enclosing porches, or any change which would convert
an existing building into a different structure or adapt it to a different
use or which in the case of a nonconforming use would prolong the
life of such use.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The workroom of an artist or photographer.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
[Added 9-10-2019 by Ord.
No. 457]
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater;
Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified in
47 CFR 1.40001(b)(7)(i) through (iv).
A structure other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less, and is dedicated to the storage and sale of
consumer fireworks and related items; the term includes temporary
retail sales stands, tents, canopies, and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks under this chapter.
This definition is limited to the portions of the chapter related
to the sale of consumer fireworks.
[Added 1-14-2020 by Ord. No. 459]
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
[Added 9-10-2019 by Ord.
No. 457]
Any activity, occupation, business or operation carried on
or intended to be carried on in a building or other structure on a
parcel of land.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 9-10-2019 by Ord.
No. 457]
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 9-10-2019 by Ord.
No. 457]
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
[Added 9-10-2019 by Ord.
No. 457]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way or other Borough-owned land or property.
[Added 9-10-2019 by Ord.
No. 457]
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Added 9-10-2019 by Ord.
No. 457]
An open space on the same lot with a structure, extending
along a lot line or street line and inward to the structure. The size
of a required yard shall be measured as the shortest distance between
the structure and a lot line or street line. See Figure 9.
A yard extending along the full width of a front lot line
and back to the required building line. On corner and through lots,
front yards shall be provided along all street frontages. See Figure
9.
The required open space extending from the rear of the principal
building on the lot to the rear lot line (not necessarily a street
line) across the entire width of the lot. See Figure 9.
The required open space between the side (face) of the closest
point of the principal building on the lot and the side lot line,
extending from the front yard to the rear yard. Any lot line not a
rear line or a front line shall be deemed to be a "sideline." In the
case of a through lot, side yards shall extend from the required front
yards. On corner lots, one yard not fronting on the two streets shall
be designated a "side yard." See Figure 9.
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FIGURE 9. REQUIRED YARDS
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