[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:
ACCESSORY BUILDINGSA building (such as a private garage, garden shed, private toolhouse or children's playhouse or a noncommercial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building.
ACCESSORY STRUCTUREA structure serving a purpose customarily incidental to the use of the principal building and located on the same lot as the principal building.
ACCESSORY USEA use subordinate and customarily incidental to the principal use on the same lot.
ALLEYA private way affording only secondary means of access to adjacent property.
ALTERATIONAny change or rearrangement in the structural parts or in the existing facilities of a building or structure, or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such building from one location or position to another.
APPLICANTA landowner or developer, as hereinafter defined, who has filled an application for development, including his heirs, successors and assigns.
AREAThe extent of surface contained within the boundaries or extremities of land.
AREA DESIGNATION LINEA line drawn on the plan of the proposed development designating the limit of various uses, as permitted by this chapter, drawn for the purpose of area and density computations.
ATTICThat part of a building which is immediately below and wholly or partly within the roof framing.
BASEMENTA story partly below the finished grade but having at least one-half of its height (measured from finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building. A basement shall be considered as one story in determining the permissible number of stories.
BLOCKA tract of land or a lot or group of lots, bounded by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the municipality, or by any combination of the above.
BUILDINGAny combination of materials forming any structure which is erected on the ground and permanently affixed thereto, designed, intended or arranged for the housing, shelter, enclosure or structural support of persons, animals or property of any kind. A multifamily building divided by unpierced masonry division walls extending from the ground to the underside of the roof shall not be deemed to be more than one building for purpose of this chapter.
BUILDING LENGTHThe longest horizontal distance of any building wall, measured from exterior face to exterior face by walls.
BUILDING LINE or BUILDING SETBACK LINEA line, established by the required front yard, defining the minimum distance between any building or structure or portion thereof to be erected or altered, and an adjacent right-of-way or street line. Such line shall be measured at right angles from the street right-of-way line and shall be parallel to said right-of-way line.
BUILDING, ATTACHEDA building which has two or more walls or portions thereof in common with an adjacent building.
BUILDING, COVERAGEThe percentage which when multiplied by the lot area will determine the permitted building area of all roofed structures and buildings.
BUILDING, DETACHEDA building which has no parts or walls in common with an adjacent building.
BULKA term used to describe the size, volume, area or shape of buildings or other structures and their physical relationship to each other, to open space, or to tracts of land, to lot lines, or to other buildings or structures.
CARPORTA roofed-over structure open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.
CARTWAY (ROADWAY)The portion of a street right-of-way, paved or unpaved, intended for vehicular use.
CELLARA story partly below the finished grade, having more than one-half of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.
CERTIFICATE OF USE AND OCCUPANCYA statement, based on an inspection, signed by the Zoning Administrative Officer, setting forth that a building, structure, sign and/or land complies with this chapter, and/or that a building, structure, sign and/or land may be lawfully employed for specific uses, or both, as set forth therein.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at the street intersection defined by lines of sight between points at a given distance from the intersection of street center lines.
COMMON OPEN SPACEA. A parcel or parcels of land or a combination of land and water within a planned residential development and designed and intended for the use or enjoyment of residents of the planned residential development, not including streets, off-street parking areas and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for recreational use by the residents. Center landscaped island turnarounds on cul-de-sac streets shall be considered common open space.
The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.
Common open space includes:
(1) Land area of the site not covered by buildings and parking structures, except recreational structures.
Land which is accessible and available to all occupants of the planned residential development.
Common open space does not include:
(1) Existing or proposed street rights-of-way.
Parking areas or driveways.
School buildings or school ground.
Commercial areas, and the buildings, accessory buildings, parking and loading facilities for these commercial areas.
CROSSWALK (INTERIOR WALK)A publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street.
DEDICATIONThe deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
DENSITYUnless otherwise stipulated in this chapter, the term density shall mean gross density which shall be determined by dividing the total number of dwelling units by the total amount of land in the tract to be developed minus all land within the future right-of-way of existing streets.
DEVELOPERAny landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to make a subdivision of land or a land development.
DEVELOPMENT IN STAGESA development program extending over the period of development during which the annual number of housing units and mandatory improvements required by this chapter are constructed.
DEVELOPMENT PLANA proposal for the development of a planned residential development, prepared in accordance with this chapter, including a plat of subdivision, all covenants relating to use, location and bulk of building and other structures, intensity of use or density of development, streets, driveways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean both the written and graphic material.
DISTRICTA portion of the municipality, within which certain uniform regulations and requirements or combinations thereof apply under the provisions of Chapter
450, Zoning.
A building designed or used as the living quarters for one or more families. The term "dwelling" shall not be deemed to include rooming house, tourist home, hotel, motel, hospital, nursing home, dormitory, fraternity, sorority house or other group residence. For purposes of this chapter, the following types of dwellings are defined:
A. SINGLE FAMILY DETACHED DWELLINGA detached building arranged, designed and intended for occupancy exclusively by one family. The term "single family detached dwelling" shall be deemed to include a factory-built "modular home" placed on a permanent perimeter foundation.
(1) Modular home dwelling (defined by the Pennsylvania Industrialized Housing Act/Act 70): Any structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on the building site; housing units defined as mobile homes are excluded from this definition.
TWO-FAMILY SEMI-DETACHED DWELLINGA building arranged, designed and intended for occupancy by two families living independent of each other in separate dwelling units which are entirely separated by vertical walls and which are unpierced except for access to the outside or to a common cellar. This type of dwelling is commonly called a twin or duplex home.
TWO-FAMILY DETACHED DWELLINGA building arranged, designed or intended for occupancy by two families living independently of each other in separate dwelling units that are separated primarily by horizontal floors as opposed to vertical walls.
MULTIPLE FAMILY BUILDINGA building arranged, designed and intended for three or more dwelling units and which include the following housing types:
(1) GARDEN APARTMENTA multifamily building in which the individual dwelling units have entrances from common hallways. The building is on a lot which is held in single and separate ownership which have yards in common but which may also have other joint facilities and services.
SINGLE FAMILY ATTACHED DWELLINGA dwelling unit within a building which has no more than six attached dwelling units including the end unit, unless otherwise permitted within a mixed-use development. Each unit is arranged, designed, intended for and occupied exclusively by one family. Each dwelling unit is separated by unpierced vertical fire walls and has at least one separate entrance. Each internal dwelling unit has no side yards and each end unit has one side yard. This includes most dwellings commonly referred to as "townhouses" or "row homes."
DWELLING UNITOne or more living or sleeping rooms together with separate cooking and sanitary facilities which are accessible from the outdoors, whether directly or through an entrance hall shared with other dwelling units and used or intended to be used by a family.
EASEMENTA right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the lessee or owner of the property shall not erect any permanent structure, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
ENDORSEMENTThe application of the reviewing body's signature and the governing body's signatures and seal on the record plan.
ENGINEERA licensed professional engineer registered in the Commonwealth of Pennsylvania.
FAMILYOne or more persons related by blood, marriage, foster relationship or adoption (or a group of not more than four persons not related by blood, marriage or adoption) living together in a single dwelling and maintaining and functioning as a common household. The term "family" shall be deemed to include any domestic employees or gratuitous guests, but shall not include any roomer, boarder, lodger nor persons residing in a group home.
FINDINGSThe governing body shall, within 30 days following the conclusion of the public hearing, notify the landowner in writing either granting tentative approval of the development plan, granting tentative approval subject to certain conditions, or denying tentative approval of the development plan.
FLOOR AREA or GROSS FLOOR AREAThe total space of all floors, as measured to the outside surfaces of exterior walls (or from the center line of party walls separating two buildings), but excluding cellars, crawl spaces, garages, carports, attics without floors, open porches, balconies and terraces.
GARAGE, PRIVATEAn enclosed space for the storage of one or more private motor vehicles provided that no business, occupation or service is conducted nor space therein leased to a nonresident of the premises.
GOVERNING BODYThe Board of Supervisors of the Township of Spring, Berks County, Pennsylvania.
GRADEGrade shall be the arithmetic mean of the maximum and minimum finished ground elevation adjoining the buildings.
GROSS RESIDENTIAL DENSITYThe number of dwelling units per acre in a planned residential development, computed by dividing the total number of dwelling units which the applicant proposes to construct by the total number of acres in the planned residential development. The total number of acres shall not include any area of the property within existing street rights-of-way or areas proposed for commercial development.
HEIGHT OF BUILDINGSThe vertical distance from the grade at the front of the building or the average of the grades of the street fronts, if building faces more than one street, to the highest point of the roof beams of a flat roof and to the mean height between eaves and ridge for gables, hipped and pitched roofs.
HEIGHT OF SIGNS OR OTHER STRUCTURESThe vertical distance measured from the grade at the front of the structure or sign to its highest point. The highest point in the case of a sign shall include the supporting structure.
HOME OCCUPATIONAn accessory use which:
A. Is clearly incidental to the residential use of the dwelling unit; and
Is carried on only within the dwelling unit.
IMPROVEMENTSAny type of structure, excavation or paved area, excluding driveways and walkways or curbs.
LAND DEVELOPMENTA. The improvement of one lot or two or more contiguous lots, tracts or parcels or land for any purposes involving:
(1) A group of two or more buildings; or
The division or allocation of land or space 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.
LANDOWNERThe owner of a legal or equitable interest in land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee (if he is authorized under the lease to exercise the right of the landowner) or other person having a proprietary interest in land.
LOTA tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed or required. The term "lot" shall also mean parcel, plot, site or any similar term.
LOT AREAThe space contained within the lot lines, excluding space within all existing and future or ultimate street rights-of-way.
LOT LINEAny line dividing one lot from another.
LOT WIDTHThe horizontal distance between the side lot lines measured at the minimum front yard setback lines. In no case shall the minimum street frontage be less than 1/2 of the required lot width.
LOT, CORNERA lot at the point of intersection of and abutting on two or more intersecting streets, and which has an interior angle of less than 135° at the intersection of two street lines.
LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
MARKERA rust-proof metal pipe or pin of at least 3/4 inch diameter and at least 24 inches in length.
MONUMENTA stone or reinforced concrete monument complying with the size and shape specifications of the United States Coast and Geodetic Survey.
MUNICIPAL AUTHORITYAn Authority created by the governing body responsible for, but not limited to the construction, operation and/or maintenance of water storage, and distribution and/or sewage collection and treatment facilities.
MUNICIPAL ENGINEERA duly registered professional engineer employed by the Municipality or engaged as a consultant thereto.
MUNICIPAL SOLICITORAn attorney at law appointed by the governing body or his duly authorized representative.
MUNICIPALITYThe Township of Spring, Berks County, Pennsylvania.
NET RESIDENTIAL AREAThose areas of the planned residential development not in common open space or within existing street rights-of-way. Net residential areas contain proposed dwelling units, streets, walkways and parking areas.
NET RESIDENTIAL DENSITYThe number of dwelling units per net residential area in the planned residential development, computed by dividing the number of dwelling units which the applicant proposes to construct by the total number of acres within the net residential area.
NONCONFORMING STRUCTURE OR BUILDINGA structure or building, or part thereof, which does not conform to the applicable provisions or requirements of this chapter, either at the time of enactment of this chapter or as a result of subsequent amendments thereto, where such building or structure lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA building, structure, sign or use of land which does not conform to the applicable regulations of this chapter, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto, but which did not violate any applicable use regulations prior to the enactment of this chapter or amendments. However, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking spaces.
OFFICIAL PLANSThe Comprehensive Development Plan and/or Official Map and/or topographical and/or such other plans, or portions thereof, as may have been adopted by the Municipality pursuant to statute for the area in which the planned residential development is located.
PARKING LOTAn off-street surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.
PARKING SPACEAn off-street space available for the parking of one motor vehicle and measuring a minimum of 10 feet by 20 feet, unless waived by the Municipal Planning Commission and the Municipal Planning Commission approves a smaller parking space exclusive of driveways, passageways and maneuvering space appurtenant thereto.
PLAN, FINALA complete and exact planned residential development plan (and including all required supplementary data), prepared for official recording as required by statute, to define property rights and proposed streets and other improvements prepared by an engineer.
PLAN, RECORDThe linen copy of the final plan which contains the original endorsements of the County Planning Commission and the municipality(ies) and which is intended to be recorded with the County Recorder of Deeds and prepared by an engineer.
PLAN, SKETCHAn informal plan drawn to exact scale, indicating salient existing features of the tract and showing approximate street and lot layout as a basis for consideration, prior to preparation of a tentative plan.
PLAN, TENTATIVEA preliminary planned residential development plan (and including all required supplementary data), in lesser detail than a final plan, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan prepared by an Engineer.
PLANNED RESIDENTIAL DEVELOPMENTA contiguous area of land, controlled by a single landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created from time to time, under the provisions of Chapter
450, Zoning.
A map or plan of a planned residential development, whether tentative or final.
PUBLIC GROUNDSIncludes:
A. Parks, playgrounds and other public areas; and
Sites for publicly owned buildings and facilities.
PUBLIC NOTICENotice published once a week for two successive weeks in a newspaper of general circulation in the Municipality. 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 be not more than 30 days nor less than 14 days from the date of the hearing.
QUADRAPLEXA detached structure containing four dwelling units with each dwelling unit having separate entrances, two exposures and two walls in common with adjacent dwelling units.
REQUIRED OPEN SPACEFront, side and rear yards as required by this chapter and any other area required to satisfy the net residential density requirement.
RESERVE STRIPA parcel of ground in separate ownership separating a street from other adjacent properties, or from another street.
REVERSE FRONTAGE LOTA lot extending between and having frontage on two generally parallel streets, (excluding service streets), with vehicular access solely from one street.
RIGHT-OF-WAYThe total width of any land reserved or dedicated as a street, alley, crosswalk or for other public or semipublic purposes.
SANITARY SEWAGE DISPOSAL, OFF-SITEA sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.
SECTIONA geographical area or tract which is part of a proposed planned residential development which will be developed according to a timetable for development over a period of years included by the applicant in the development plan.
SIGHT DISTANCEThe required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic. Within the sight distance measurement there shall be made from a point 0.5 foot above the center line of the road surface to a point 4.5 feet above the center line of road surface.
SIGNA visual display or image which is affixed to, painted or represented directly or indirectly upon a building, structure, land or any surface and which directs attention to an object, product, service, place, activity, person, institution, organization or business, regardless of whether such display or image is permanent or temporary, but excluding displays or images which are decorative only.
SIGN, ADVERTISINGA "sign" which directs attention to a business, service or profession, conducted, sold or offered for sale elsewhere than upon the premises upon where the sign is displayed.
SIGN, BUSINESSA "sign" which directs attention to a business, service or profession conducted on the premises or to products sold, upon the same premises upon which it is displayed. Signs offering premises for sale, rent or development, or advertising the services of professionals or building trades during construction or alteration shall be deemed a "business sign."
STAGEA section or sections of which an applicant proposes to develop at the same time, as part of a timetable for development of a planned residential development over a period of years.
STORY (and HALF-STORY)That portion of a building, included between the surface of any floor and the ceiling next above it, having a vertical distance of not less than seven feet shall be considered a full story. Any such portion of a building having a vertical distance of less than seven feet shall be considered a half-story. Basements shall be considered full stories while cellars shall not be considered as being stories or half-stories.
STREETA public or private thoroughfare which affords the principal means of access to abutting property and contains a right-of-way area (in addition to the cartway), including avenue, place, way, parkway, lane, boulevard, highway, road and any other thoroughfare except an alley, access drive or driveway. The Official Street Classification Map in this chapter shall be used to define each street by its function.
A. EXPRESSWAYA high-speed street with access available only using ramps at interchanges.
ARTERIAL STREETStreets designed primarily to carry medium to heavy volumes of traffic at moderately high speeds, and generally should not provide access to land which would interfere with their primary traffic functions.
COLLECTOR STREETStreets designed to carry a moderate volume of traffic between local streets and arterials at moderate speeds and provide only limited vehicular access to the abutting properties.
LOCAL STREETStreets designed to provide direct access from abutting properties to collector and arterial streets.
INTERNAL STREETA local street used for circulation and access within a development project involving multi-residence or commercial use.
SERVICE STREETA minor public right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STRUCTUREAny man-made object having an ascertainable, stationary location on or in land or water, whether or not affixed to the land. The term structure shall include: buildings, signs, fences, walls, towers, swimming pools, porches, garages and similar structures. "Structure" shall be interpreted as including the words "or part thereof."
USEThe specific purpose for which land, sign, structure or building is designed, arranged, intended or for which it may be occupied or maintained, or any activity, occupation, business or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
YARDAn open space on the same lot with a structure (or a group of structures) which lies between the structure (or a group of structures) and a lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted.
A. YARD, FRONTA yard extending the full width of the lot between a structure and the front lot line or side street lot line. On lots abutting more than one public street other than an alley, the front yard requirement shall apply fronting each public street.
YARD, REARA yard extending the full width of the lot between a structure and a rear lot line.
YARD, SIDEA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.