For the purpose of this chapter, certain words shall have the
meaning assigned to them, as follows:
A.
Words used in the present tense include the future. The singular
number includes the plural and the plural the singular.
B.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," or "occupied for."
C.
The word "person" includes an individual, corporation, partnership,
incorporated association or any other similar entity.
D.
The word "includes" or "including" shall not limit the term to the
specified example, but is intended to extend its meaning to all other
instances of like kind and character.
[Amended 7-9-1984 by Ord.
No. 84-9; 3-4-1985 by Ord. No. 85-3; 8-19-1985 by Ord. No. 85-5; 7-12-1986 by Ord. No. 86-8; 12-7-1987 by Ord. No. 87-5; 7-16-1990 by Ord. No. 90-1; 8-5-1991 by Ord. No. 91-5, 10-22-1991 by Ord. No. 91-8; 3-7-1994 by Ord. No. 94-2; 1-15-1996 by Ord. No. 96-1; 9-16-1996 by Ord. No. 96-4]
The following words and phrases shall have the meaning given
in this section as follows:
A piece of land which provides physical access to, and legal
road frontage for a lot, but which does not comply with the minimum
lot width regulations of this chapter. Access strips provide access
to "rear" and "interior" lots. The area of an access strip shall not
be included in the minimum lot area required under the provisions
of this chapter.
A detached building subordinate to the principal building
on the lot and used for purposes customarily incidental to those of
the principal building. There shall be no distinction between a permanent
or non-permanent accessory building.
[Amended 9-19-2016 by Ord. No. 2016-04]
A use subordinate to the principal use of land or a building
or other structure on a lot and customarily incidental thereto.
The Pennsylvania Municipalities Planning Code, originally
enacted as Act 247 of 1968, which establishes the basic authority
for the exercise of municipal land use controls in Pennsylvania. All
subsequent amendments are included.
A facility in which adult daily living services are provided
for four or more adults not related to the operator.
ADULT BOOKSTOREAn establishment which has as a substantial or significant portion of its stock-in-trade, books, magazines or other periodicals and which excludes minor by virtue of age.
ADULT MOVIE HOUSESAn enclosed building with a capacity of 50 or more persons used for presenting motion pictures, films, movies, slides or similar photographic reproductions for observation by persons therein and which excludes minors by virtue of age.
ADULT MINI THEATERAn enclosed building with the capacity for less than 50 persons used for presenting motion pictures, films, movies, slides or other similar photographic reproductions for observation by persons therein, and which excludes minors by virtue of age.
MASSAGE PARLORSAny place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such items, by a member of the opposite sex.
OTHER ADULT USESAny business, activity or use similar to or of the same general nature as the uses listed above. This sections hall include, but shall not be limited to, rap centers, nude wrestling studios, sensitivity centers and escort bureaus, all of which exclude minors by virtue of age as patrons thereof.
The division of land for agricultural purposes into parcels
of more than 10 acres, not involving any new street or easement of
access, which, according to Act 247, the Pennsylvania Municipalities
Planning Code, is exempted from zoning and subdivision requirements.
Land divided for agricultural purposes must be used in compliance
with the definition of "agricultural use," herein, or the division
shall be considered null and void.
The active use of land for growing and harvesting of crops,
as food for humans or animals, and also including nursery, horticulture,
and forestry uses; and/or the raising, consumption and/or selling
of livestock as a source of meat, poultry, dairy products, hides or
other animal products. At least 50% of a parcel, lot or tract must
be actively used as described in this definition to qualify as an
agricultural use. Agricultural use and agricultural purpose shall
be interchangeable terms.
A minor vehicular right-of-way, public or private, on which
no principal structures front, which serves as a secondary means of
access to two or more properties which otherwise front on a public
street.
A subordinate use that is controlled by a larger permitted
use. An example is a public garage (tires, batteries and accessories)
or garden shop controlled by a department store.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
A tract or parcel of land that contains the communication
antenna, its support structure, accessory building(s) and parking.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
The person, persons or legal business organization of any
type responsible for submission of a proposal for subdivision, land
development, zoning amendment, building permit, variance, special
exception or conditional use. For the purposes of this chapter, "applicant"
and "owner" may be used interchangeably.
A dwelling unit within a continuing care retirement community
providing a special combination of housing, supportive services, personalized
assistance, and health care designed to respond to the individual
needs of those who need help with activities of daily living.
[Added 5-7-2012 by Ord.
No. 2012-01]
The point above a stream which defines the maximum height
of channel flow. It is either determined visually or computed as an
elevation using the peak rate of runoff from a two-year storm event.
[Added 5-1-2017 by Ord.
No. 2017-03]
Any structure located on or under the land.
The ratio obtained by dividing the maximum horizontal cross-section
of all principal buildings on a lot by the net lot area of the lot
upon which the buildings are located.
[Added 9-19-2016 by Ord.
No. 2016-04]
That area of a lot, circumscribed by the yard lines, within
which a building(s) may be built.
For calculating maximum total sign area, building frontage
is defined as the maximum horizontal dimension measured along the
wall of the building which serves as the principal approach to the
building, excluding eaves, overhangs, buttresses and other non-occupiable
building extensions. The principal approach to a building shall be
that side which contains the main entrance doors. For corner lots
the additional sign area shall be calculated along the side of the
building which faces the second street.
The line which serves as the rear boundary of the minimum
front yard. For the purpose of measuring lot width at the building
line the following apply:
For wedge-shaped lots which are narrower at the street than
at the rear property line, the building line may be moved back from
the minimum front yard depth to a point where the lot width equals
the minimum required for the district, provided that at least 50 feet
of street frontage are provided and the lot complies with all other
dimensional requirements of the district; and
Where "rear" or interior" lots are permitted, the building line
shall be oriented as parallel or concentric to the street from which
access is provided as is feasible, and set back from the intervening
property line at least the minimum front yard depth.
A commercial facility and/or structures used for the purpose
of cleaning the exterior and/or interior surfaces of motor vehicles,
whether self-service or operated by attendants or employees.
Land used or intended to be used for the burial of the deceased,
including columbariums, crematories, mausoleums and mortuaries when
operated in conjunction with the cemetery and within its boundaries.
A sewage disposal network and facilities, or water supply
network serving a group or series of property owners in common; may
be publicly or privately owned.
An alternative development method where in structures are
arranged in closely related groups, reducing lot sizes, preserving
land for open space and permitted more imaginative site design than
may be possible under standard development.
All the real property and improvements set aside for the
common use and enjoyment of the residents, including, but not limited
to, buildings, open land, private roads, parking areas, walkways,
recreation areas, landscaped areas, drainage easements, and any utilities
that service more than one unit, such as sewer and water facilities.
[Added 7-16-2007 by Ord.
No. 2007-02]
That portion of a tract that is set aside for the protection
of sensitive natural features, farmland, scenic views, and other unique
features. Open land may include recreational uses and be accessible
to the residents of the development and/or the Township.
[Added 7-16-2007 by Ord.
No. 2007-02]
The Douglass Township Comprehensive Plan, as updated in 1988.
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Board of Supervisors. The Board of Supervisors
is empowered to grant permission for conditional uses, consistent
with the public interest, in compliance with the standards and procedures
established in this chapter, following thorough examination of the
proposal, and under any reasonable safeguards necessary to implement
the purposes and intent of this chapter and to protect the general
welfare.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
A community providing independent, assisted, and nursing
home living arrangements for person(s) 55 years of age and older as
part of a planned community.
[Added 5-7-2012 by Ord.
No. 2012-01]
A small-scale shopping center located in an area of the Township
which is not conveniently served by commercial development in the
Gilbertsville core area, and which is designed to satisfy the routine,
daily needs of nearby residents for goods and services.
The remodeling or alteration of a structure so as to accommodate
more leasable or salable units or a different use than what had originally
been intended for the structure. Conversions include the alteration
of a nonresidential structure into a dwelling unit(s) for at least
one family, the modification of a single-family structure to accommodate
more units than originally intended, the alteration of existing dwellings
into commercial uses, and the alteration of an existing dwelling into
a mixed commercial and residential use.
A lot having contiguous frontage on two or more intersecting
roads.
Single-family detached homes on lots of at least four acres
in the R-1 District and two acres in the R-1A District. Country residences
with no open space is an option for development on tracts greater
than 20 acres in the R-1 and R-1A Districts as a conditional use in
the Residential Cluster District Overlay.
[Added 7-16-2007 by Ord.
No. 2007-02]
Any dwelling or building which provides child or adult care
services. Child day-care facilities shall be further differentiated
by the following three classifications:
DAY-CARE CENTERA facility in which care is provided for seven or more children at any one time, where the child care areas are not being used as a family residence.
FAMILY DAY-CARE HOMEAny family residence other than the child's own home, in which child day care is provided at any one time to four, five or six children, who are not relatives of the resident caregiver.
GROUP DAY-CARE HOMEA facility in which care is provided by a resident caregiver for more than six but less than 12 children at any one time, where the child care areas are being used as a family residence.
The number of dwelling units per developable acre.
For the purpose of calculating density per developable acre,
the developable acreage should equal the gross land area of the proposal,
minus the following acreage:
All land within existing and/or proposed rights-of-way for all
public and/or private roads.
All overhead and underground utility easements and/or rights-of-way.
Soils with slopes of 15% or greater as defined by the Soil Survey
of Montgomery County, 1967.
All alluvial soil floodplain or the extent of the 100-year floodplain
delineated in the Flood Insurance Study for Douglass Township, Montgomery
County, Pennsylvania, dated November 15, 1983, as prepared by the
Federal Emergency Management Agency, Federal Insurance and Mitigation
Administration.
Any man-made change to improve or unimproved real estate
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, mining,
dredging, filling, grading, excavation or drilling operations.
A private cartway providing vehicular access between a public
street and a lot, property or development, and/or providing vehicular
circulation within a lot, property or development.
For the purposes of this chapter, the following are the definitions
of the various types of dwelling units:
SINGLE-FAMILY DETACHED DWELLING UNITA building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.
TWO-FAMILY BUILDINGA residential building containing two dwelling units and which is not attached to any other building. A two-family building counts as two dwelling units for density purposes.
TWIN (SINGLE-FAMILY SEMIDETACHED)A two-family building with dwelling units placed side-by-side, with each occupying the total space from ground to roof, and joined to each other by a vertical, common party wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall.
DUPLEX (TWO-FAMILY DETACHED)A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot.
SINGLE-FAMILY ATTACHED DWELLING UNITA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and have party walls in common with at least one but not more than three adjacent similar dwelling units. This dwelling type shall include, but not be limited to dwelling units commonly known as townhouses, rowhouses, triplexes, quadruplexes and multiplexes.
MULTIFAMILYA detached residential building containing three or more dwelling units characterized as follows:
GARDEN APARTMENTA multifamily building permitted only in the R-4 Zoning District in which the dwelling units are generally placed one entirely above or below another. The dwelling units share the lot or tract in which the building is located, are oriented towards open yard areas which surround the building, and often share a common entrance hall and/or other common facilities.
APARTMENTA dwelling unit in a multifamily building or a mixed-use building permitted in the Limited Commercial District, or as a conversion of any large residence when permitted by the Zoning Hearing Board.
MANUFACTURED HOMEA mobile home or a transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers and other similar vehicles which are placed on a site for more than 180 consecutive days.
MODULAR HOMEA dwelling unit for permanent occupancy, made by assembling one or more factory-produced, three-dimensional sections into one integral building, not capable of easily being separated for conventionally-built units, as required by the Township's Building Code, and must be placed on a permanent foundation. A copy of the Structural Engineering Bulletin(s) must be provided to the Board of Supervisors, indicating approval of the dwelling or its components by the U.S. Department of Housing and Urban Development.
One or more rooms with cooking and sanitary facilities provided
solely for the living purposes of one family.
A lot created to promote the conservation of agricultural and natural lands. An estate lot shall contain a minimum of five acres and a maximum of 20 acres. All but 2.5 acres of an estate lot may be used to meet minimum open space requirements. All such open space shall meet the standards of § 265-169 of this chapter, as amended. The portion of the lot not used for open space must include all existing and proposed buildings, structures, and paved areas. In addition to the uses permitted in common open space by § 265-169A, estate lots may include one dwelling unit, which shall not be counted toward maximum density requirements. To ensure compatibility with neighboring residential lots, estate lots shall be deed restricted with respect to location, types and intensity of agricultural uses on the estate lot. Estate lots shall also be deed restricted against further subdivision and development. The content of such deed restrictions shall be submitted to the Board of Supervisors for their review and approval. Documents evidencing the deed restriction shall be recorded concurrently with the final subdivision plans.
[Added 10-3-2011 by Ord.
No. 2011-03-01]
The exterior walls of any two buildings are considered to
be "facing walls" when a straight line drawn perpendicular to, and
extending outward from any point on an exterior wall of one building
intersects an exterior wall of another building.
A single housekeeping unit functioning as a family within
that household, with the composition of the group sufficient stable
and permanent so as not to be fairly characterized as transient and
such unit being a single, nonprofit housekeeping unit and functioning
as a family within the household.
[Amended 2-21-2005 by Ord. No. 2005-02; 4-18-2005 by Ord. No. 2005-06]
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.
For the regulatory purposes of the National Flood Insurance
Program and the Pennsylvania Floodplain Management Act[1] additional definitions are found in Chapter 230, Subdivision and Land Development, and the Township's Building Code, as amended, and are hereby made a part of the definitions of this chapter, by reference.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height.
The face of a building that is closest to a street and contains
the front door or other features identifying it as the primary face
of the building.
[Added 7-16-2007 by Ord.
No. 2007-02]
PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned or used by the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.
PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial parking, service or repair of motor vehicles.
STORAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles and for the service or repair of only the vehicles kept therein, and not for the sale of fuel, accessories or supplies.
An area of land, together with any structure thereon, used
for:
The retail sale of motor fuel and lubricants and ancillary services,
such as lubrication and washing of motor vehicles; and
The sale, installation or minor repair or tires, batteries or
other automobile accessories;
Routine servicing and mechanical repair of motor vehicles, excluding
major body, upholstery and restoration work.
The total acreage of a property, tract, lot or parcel proposed
for subdivision or land development, including lands within existing
street rights-of-way, floodplains and steep slopes.
The total floor area designed for owner or tenant occupancy
and exclusive use, including basements, mezzanines and upper floors,
expressed in square feet and measured from the center line of partitions
and from outside wall faces; not including public or common areas,
such as public toilets, corridors, stairwells, elevator lobbies or
enclosed mall spaces. Also known as "gross floor area."
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of the roof for flat roofs; to the deckline of mansard roofs;
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs; provided that chimneys, spires, towers, mechanical
penthouses, tanks and similar projections of the building no intended
for human occupancy, shall not be included in the calculating the
height. If there are two or more separate roofs on a single building,
the height of such building shall be calculated from the highest roof.
The vertical distance measured from ground level to the highest
point on the sign, or its supporting structure.
PERSONAL USE HELIPORTA helicopter landing area (sometimes known as a "helistop") licensed by the Pennsylvania Department of Transportation for the purpose of picking up and discharging passengers or cargo. No fueling, helicopter repair or storage area(s) are permitted in conjunction with the operation of a personal use heliport.
COMMERCIAL HELIPORTA landing area for helicopter which includes facilities for fueling, repair and storage of helicopters and which is licensed by the Pennsylvania Department of Transportation.
The point at which vehicular traffic enters or exits a public
right-of-way from an abutting land use.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
Certified or preliminarily determine by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Any lawful occupation or business activity performed for
financial gain which is conducted in whole or in part by the resident(s)
from his/her primary residence, where the occupation is secondary
to the use of the dwelling for living purposes and the residential
character of the dwelling is maintained.
A community association combining individual homeownership
with shared use or ownership of common property and facilities. The
homeowner owns the lot, including the interior and exterior of the
individual home, while the association owns and maintains the common
facilities.
[Added 7-16-2007 by Ord.
No. 2007-02]
A building which provides six or more rental rooms with private
sleeping facilities for transient guests and which has the following
characteristics:
A single-family detached, single-family semidetached, or
single-family attached dwelling unit within a continuing care retirement
community.
[Added 5-7-2012 by Ord.
No. 2012-01]
An area of land, with or without buildings, used for storage
of used and discarded materials, including but not limited to wastepaper,
rags, metal, building material, house furnishings, machinery, vehicles
or parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The deposit or storage
on a lot of one or more unlicensed, wrecked or disabled vehicles,
or the major part thereof, shall be deemed to constitute a junkyard.
A contiguous tract, parcel or unit of land intended for use,
development, leasehold or transfer or ownership, and for which a deed
description is recorded or is intended to be recorded at the office
of the Recorder of Deeds for Montgomery County, and/or Berks County
if the lot overlaps the county boundary.
The horizontal land area of a lot, further defined as follows:
[Amended 11-3-1997 by Ord. No. 97-4]
GROSS LOT AREAThe total horizontal land area lying within the lot or tract boundaries.
NET LOT AREAGross lot area minus:
The area lying between the street center line and the ultimate
right-of-way line or equivalent right-of-way line.
The land area of the access strip to rear, flag or interior
lots.
One-half of all land area within slopes of 15% or greater, as
defined by the soil survey or by accurate contour mapping.
The entire surface area of all lakes or ponds.
Any property boundary line of a lot, further defined as follows:
Front lot line is the line identical with the ultimate right-of-way
line. (Also known as "street line.")
Rear lot line is the line or lines most nearly parallel or concentric
to the front lot line.
Side lot lines are the lines most nearly perpendicular or radial
to the front lot line. On a corner lot, the side lot line shall be
the line or lines most nearly perpendicular or radial to the higher
classification of street, where applicable, as described in the Township
Comprehensive Plan. The remaining line shall be considered the rear
lot line.
A lot which fronts on more than one street shall have a front
lot line on each street frontage.
A development alternative, permitted only in specified districts,
which allows a building to be constructed contiguous with one lot
line, thereby increasing the yard area on the opposite side of the
building for useful purposes.
The horizontal distance between side lot lines, measured
at the building line, parallel or concentric to the ultimate right-of-way
line. For a corner lot, lot width shall be measured parallel or concentric
to the ultimate right-of-way line of the higher classification of
street, where applicable.
Also known as rear or flag lot. A lot which conforms in all
respects to the dimensional requirements of the district in which
it is located, except that road frontage and access is limited to
an access strip, as defined herein. This definition does not include
the commonly-used, wedge-shaped lots located on a cul-de-sac turnaround.
Refer to "dwelling types."
A subdivision or land development planned and constructed in compliance with the requirements of the Manufactured Home Park Development Regulations, Article XXV of this chapter.
A building or group of buildings in a controlled-access and
fenced compound that contains varying sizes of individual, compartmentalized
and controlled-access stalls or lockers for the dead storage of customer's
goods and wares.
Refer to "dwelling types."
A building or group of buildings which provides rental rooms
with private sleeping and bathroom facilities for transient guests,
and which generally has the following characteristics:
A self-powered recreation vehicle used to provide transient
living facilities.
A commercial use for the sale and repair of motor vehicles,
including new and used cars, trucks and/or farm equipment; having
both indoor and outdoor display areas, and providing maintenance and
repair services for vehicle owners.
A plant native to Pennsylvania, as identified in the most
recent edition of the Vascular Flora of Pennsylvania, Annotated Checklist
and Atlas.
[Added 5-1-2017 by Ord.
No. 2017-03]
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. The business or commercial activity must satisfy
the following requirements:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A lot or site which does not comply with the applicable dimensional
regulations, including those related to site area, lot area and lot
width, in this chapter or amendments hereafter enacted where such
lot was lawfully in existence prior to enactment of this chapter or
amendments.
Any sign legally existing at the time of the passage of this chapter that does not conform in use, location, height or size to the regulations of Article XXVI, Sign Regulations.
A structure which does not comply with the applicable dimensional
regulations, including those relating to density, impervious surfaces,
building coverage, building height and setbacks in this chapter or
amendments hereafter enacted where such structure was lawfully in
existence prior to enactment of this chapter. Such structures including,
but are not limited to, buildings, fences and swimming pools.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendments hereafter
enacted where such use was lawfully in existence prior to the enactment
of this chapter or amendments, or prior to the application of such
chapter or amendment to its location by reason of annexation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A living arrangement within a continuing care retirement
community that provides nursing care and related medical services
on a twenty-four-hour basis to two or more individuals because of
illness, disease, or physical or mental infirmity, and including specially
designed memory care units. Provides care for those persons not in
need of hospital care.
[Added 5-7-2012 by Ord.
No. 2012-01]
Any improved outdoor area extending from or attached to a
dwelling unit and designed for the exclusive use of the residents
of that dwelling unit; including balconies, patios, porches or similar
areas, but not including structures such as porticos, which simply
provide shelter access to a dwelling unit.
An open or covered area with a dust-free all-weather surface
for the storage of one automobile, accessible via a driveway.
[Amended 4-13-2013 by Ord. No. 2013-03]
A common area with a subdivision or land development for
neighborhood residents to use for informal, active recreation purposes
such as "sand-lot" ball games and other activities requiring a large
lawn area, away from homes or other buildings, for their proper conduct.
Playfields are not included for formalized programs such as little
league baseball or midget football, which should be conducted on more
appropriate facilities. Standards for the playfield shall be:
Includes:
[Added 12-29-2003 by Ord.
No. 2003-09]
Any business activity regulated by a governmental agency in
which the business is required by law to:
Any body or board authorized to enact ordinances or adopt resolutions
for Douglass Township (Montgomery County) pursuant to the provisions
of the Municipalities Authorities Act, as amended (53 Pa.C.S.A. § 5601
et seq.) [formerly the Municipalities Authorities Act of 1945 (53
P.S. § 301 et seq.)].
Any business or other activity carried on by a public utility.
[Added 12-29-2003 by Ord.
No. 2003-09]
A commercial use for the sale and repair, and/or rental of
new and/or used recreation vehicles, having both indoor and outdoor
display areas, and providing maintenance and repair services.
An enclosed piece of equipment dually used as both a vehicle,
a temporary travel home or a full time home. RV's shall include the
following: truck camper, folding trailer, travel trailer, teardrop
trailer, hybrid trailer, fifth wheel trailer, park model, toterhome,
toy hauler, campervan, motor coach, motor home, or any similar vehicle.
[Added 9-4-2007 by Ord.
No. 2007-04]
The process of creating woodlands with three distinct layers
of vegetation: canopy trees, understory shrubs or trees, and herbaceous
ground cover plants.
[Added 5-1-2017 by Ord.
No. 2017-03]
A commercial use which dispenses food and drink ready for
consumption to customers who place and receive their orders without
leaving their cars or other motor vehicles. Also included are restaurants
in which a drive-in facility provides only a portion of the sales.
Any restaurant which is characterized by one or more of the
following features:
Orders are placed and received at a central counter.
Orders are frequently packaged for takeout.
Orders may be consumed at tables or booths within the facility,
which must be cleared by the customers.
Waiter/waitress services is not provided.
Menu selections are limited.
Disposable containers and utensils are used rather than reusable
dishes and table service.
A strip of land, over which are provided access rights for
various purposes, including vehicular travel, storm drainage and utility
lines. Rights-of-way are further defined as follows:
LEGAL RIGHT-OF-WAYThe road or street right-of-way legally in the public domain. Generally, an old, legal right-of-way will be substandard by comparison with current requirements, may overlap the lot as described by deed description and shall be superseded by the ultimate right-of-way.
ULTIMATE RIGHT-OF-WAYThe road or street right-of-way projected as necessary for adequate handling of current or future traffic volumes, as defined in the Township's Comprehensive Plan. Upon approval of a plan in compliance with this chapter and Chapter 230, Subdivision and Land Development, of the Douglass Township Code, the ultimate right-of-way shall become the legal right-of-way.
EQUIVALENT RIGHT-OF-WAYA road or street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with Chapter 230, Subdivision and Land Development, of the Douglass Township Code.
Land adjacent to a stream, lake, pond, or other water body.
Riparian areas form the transition between the aquatic and the terrestrial
environment.
[Added 5-1-2017 by Ord.
No. 2017-03]
A single-family detached dwelling which is used, in addition,
to provide rental rooms for not more than six nontransient persons.
Any site used to dump, bury or deposit, store or treat any
waste materials constituting "solid waste" as defined in the Solid
Waste Management Act (Act of July 7, 1980, P.L. 380, 35 P.S. § 6018.101
et seq.) enacted by the Commonwealth of Pennsylvania, as amended to
the date of this chapter, and any regulations promulgated pursuant
thereto.
A commercial establishment in the shopping center, located
independent of other buildings, and frequently near the road frontage
of the center. These uses are often ancillary to large stores in the
center, but may also include highway-oriented or other commercial
uses such as gasoline stations and fast-food restaurants.
A method of removing small groups of trees scattered throughout
a woodland in order to retain the biodiversity of the woodland while
allowing limited harvesting of trees.
[Added 5-1-2017 by Ord.
No. 2017-03]
A sewage disposal system in compliance with all state and
local regulations, approved by the Pennsylvania Department of Environmental
Protection and applicable sewer authority, and providing service to
multiple customers. Public sewer systems are included in this definition.
A group of commercial establishments, planned and developed
as an integrated architectural and functional unit, providing convenient
on-site parking and controlled, common vehicular and pedestrian access.
The distance required by a driver traveling at a given speed
to stop the vehicle after an object on the roadway becomes visible
to the driver (Pennsylvania Code, Title 67, Chapter 441, "Access to
and Occupancy of Highways by Driveways and Local Roads," as amended).
The ownership of a contiguous land area as one or more lots
by one owner, whether a person, partnership, corporation or other
legal entity, irrespective of the fact that parts of the land may
have been acquired at different times or that the area may be divided
into parts on any plan or plat.
The Montgomery County Soil Survey of 1967, prepared by the
Natural Resources Conservation Service of the United States Department
of Agriculture.
A sanitary landfill, solid waste transfer station, solid
waste incinerator or other facility for treating, including recycling,
storing or disposition of "solid waste" as defined in the Solid Waste
Management Act (Act of July 7, 1980, P.L. 380, 35 P.S. § 6018.101
et seq.) enacted by the Commonwealth of Pennsylvania, as amended to
the date of this chapter, and any regulations promulgated pursuant
thereto.
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board
is empowered to grant permission for special exceptions, consistent
with the public interest, in compliance with standards and procedures
established in this chapter.
A grade of 15% or greater as determined by the soil survey
or accurate contour mapping.
Includes all rivers, creeks, brooks, tributaries and other
flowing surface waters within a natural channel. More specifically,
a perennial or intermittent water body having a defined channel (excluding
man-made ditches) which contains flow from surface and/or ground water
sources during at least a portion of an average rainfall year.
[Added 5-1-2017 by Ord.
No. 2017-03]
A method of repairing eroded stream banks employing required
grading, stone, fabric, soil, or other natural materials.
[Added 5-1-2017 by Ord.
No. 2017-03]
Streams mapped on the adopted "Douglass Township Riparian
Corridor Conservation District Map," (Attachment A, as amended) including
any adjacent wetlands, and/or water bodies draining into the identified
stream.
[Added 5-1-2017 by Ord.
No. 2017-03]
Any perennial stream (waterway that has continuous flow in
parts of its bed all year round), located on a site survey prepared
by a design professional licensed in the Commonwealth of Pennsylvania,
including any adjacent wetlands and/or water bodies draining into
the identified stream.
[Added 5-1-2017 by Ord.
No. 2017-03]
A line identical with the front lot line and ultimate right-of-way
line.
A public or private right-of-way serving primarily as a means
of vehicular and pedestrian travel, furnishing access to abutting
properties, and which may also be used for utilities, shade trees
and stormwater control.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damage condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
The duly elected governing body of Douglass Township. Also
known as the "Board of Supervisors."
A building, trailer or sign that is not expected to remain
in place longer than one year is considered temporary. If the building
or trailer is intended to be retained after one year, the building
or trailer must be made permanent; or application made, in writing,
to the Board of Supervisors to extend the length of the time allowed
for the building or trailer to remain temporary.
A confined, developed neighborhood play area primarily for
use by preschool children. Low maintenance play equipment and structures
shall be used and confined by a gated fence, a minimum of three feet
high. Sitting areas shall be provided for parents' convenience while
supervising children. Shade trees shall be provided for sitting and
play areas. When a tot lot is placed abutting a playfield, practical
measures, such as fencing and orientation of facilities, shall be
used to reduce conflicts, especially from flying objects such as balls
and frisbees. Tot lot dimensions shall be:
Minimum area: 2,500 square feet.
Minimum horizontal dimension: 50 feet.
Location: at convenient, centralized intervals.
A tot lot shall consist of two separate areas. One area shall
be intended for children ages two to five, and the other for children
ages six through 12. Each area will consist of one bank of three swings
and one multilevel deck play structure with posts warranted for 99
years. Each deck play structure shall have ADA-compliant access and
contain, at a minimum, three slides, three climbing structures, and
two activities that can be accomplished from a wheel chair. At a minimum
the equipment shall be ADA compliant, IPEMA certified, and be installed
to meet current Consumer Safety Performance Specification for Playground
Equipment for Public Use. Each area will include safety surfacing
and a timber or other suitable border to contain the surfacing material.
Each area shall also have access and pathways that are ADA compliant.
It is estimated that the contracted cost for installation of each
area of the tot lot will be $35,000 in 2002 dollars. Thus, the total
contracted cost for installation of both required areas of a tot lot
shall be $70,000, in 2002 dollars. Said cost can be expected to increase
in future years as a result of inflation, and the figures set forth
herein shall be adjusted accordingly.
[Added 9-3-2002 by Ord.
No. 2002-02]
A single-family detached dwelling which is used, in addition,
to provide sleeping accommodations for not more than 10 transient
persons, for compensation.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer or assistant engineer
for Douglass Township.
The dividing line between a lot and the outside limit of
the ultimate right-of-way of a public street. Identical with front
lot line and street line.
A commercial use for the sale and/or rental of used cars,
trucks and/or recreation vehicles, which has only outside display
areas, a small building for office purposes and generally not providing
repair or maintenance services for vehicle purchasers beyond preparation
for sale.
The land area devoted to vegetative coverage, including,
but not limited to lawns, trees, shrubs, flowers and gardens.
An intermittent or perennial stream, pond, or lake that is
either natural or man-made provided that the bed is composed primarily
of substrates associated with flowing water, ponds, or lakes.
[Added 5-1-2017 by Ord.
No. 2017-03]
An inventory of the source, quantity, yield and use of groundwater
and surface water resources with Douglass Township.
Those areas that are inundated and saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. More specifically, an area
meeting the official wetland definition of the U.S. Army Corps of
Engineers Wetlands Delineation Manual, Technical Report Y-87-1; or
the Pennsylvania Department of Environmental Protection Wetlands Identification
and Delineation, Chapter 105 Dam Safety and Waterways Management Rules
and Regulations; or the U.S. Environmental Protection Agency Wetlands
Identification Delineation Manual, Volume I, Rational, Wetland Parameters,
and Overview of Jurisdictional Approach, Volume II, Field Methodology
or the most recently amended reports, will be considered a wetland
for the purposes of this chapter. In the event the definition of a
wetland accepted by the U.S. Army Corps of Engineers conflicts with
the definition of a wetland accepted by the Pennsylvania Department
of Environmental Protection, or Environmental Protection Agency, the
more restrictive definition shall apply.
[Added 5-1-2017 by Ord.
No. 2017-03]
The area(s) of the lot which must remain free of buildings
or other structures, and may be used as lawn or planted area, parking
or driveway space, in compliance with the provisions of this chapter.
Yard is further defined as follows:
FRONT YARDA yard which extends across the full width of a lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the ultimate right-of-way line.
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum with of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line.
A line which locates and delineates the minimum yard setback
requirements, measured from the front, rear and side lot lines.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
