As used in this Part
1, the following terms shall have the meanings indicated:
ABUT
Areas of contiguous lots that share a common lot line, excluding
lots entirely separated by a street or a nonintermittent waterway.
[Added 4-7-2005 by Ord. No. 524]
ACCEPTED ENGINEERING PRACTICE
That which conforms to accepted principles, tests or standards
of nationally recognized technical, scientific and/or engineering
authorities.
ACCESS DRIVE OR ACCESSWAY
A privately-owned, constructed and maintained vehicular access
roadway accessing more than one dwelling unit or more than one commercial,
institutional or industrial principal use. See also "driveway."
[Added 4-7-2005 by Ord. No. 524]
ACCESS POINT
One combined entrance/exit point, or one clearly defined
entrance point separated from another clearly defined exit point.
This term shall not include accessways or driveways that are strictly
and clearly limited to use by only emergency vehicles; such accesses
are permitted by right as needed.
[Added 4-7-2005 by Ord. No. 524]
ACCESS STRIP
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 Part
1. Access strips provide access to rear or interior lots.
ACCESSORY BUILDING/STRUCTURE
A building which is subordinate and accessory to a principal
building on the same lot and which is used for purposes that are clearly
customarily incidental to the uses of the principal building. Any
portion of a principal building used for an accessory use shall not
be considered to be an accessory building.
[Added 4-7-2005 by Ord. No. 524]
ACRE
43,560 square feet.
[Added 4-7-2005 by Ord. No. 524]
ACT 247
The Pennsylvania Municipalities Planning Code, originally
enacted as Act 247 of 1968, which establishes the basic authority for the exercise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.
ADA
Americans with Disabilities Act of 1990, as amended.
[Added 1-21-2016 by Ord.
No. 630]
AGRICULTURE
Includes "crop farming" and "animal husbandry." See definition
of each.
[Added 4-7-2005 by Ord. No. 524]
AGRICULTURAL BUILDING
A structure utilized to store farm implements, hay, feed,
grain or other agricultural or horticultural products or to house
poultry, livestock or other farm animals. The term shall not include
habitable space or spaces in which agricultural products are processed,
treated or packaged and shall not be construed to mean a place of
occupancy by the general public.
[Added 4-7-2005 by Ord. No. 524]
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
[Added 4-7-2005 by Ord. No. 524]
AIRPORT
An area of land or water or a surface of a building which
is designated, used or intended to be used for the landing and takeoff
of motorized aircraft weighing more than 250 pounds each, and any
related aircraft support facilities such as for maintenance, refueling
and parking.
[Added 4-7-2005 by Ord. No. 524]
(1)
PUBLIC AIRPORTAn airport that does not meet the definition of a "private airport."
(2)
PRIVATE AIRPORTAn airport limited to a maximum total of 15 flights and/or take-offs in any seven-day period and that is not available for use by the general public.
ALLEY
A public or privately owned right-of-way on which no new
dwellings, stores or other principal buildings are intended to front,
serving as the secondary means of access to two or more properties.
ALTERNATIVES
Alternative methods to the proposed use or project which
fully examine a range of all possible approaches, including total
abandonment and must rigorously explore and objectively evaluate all
alternatives to the project or use.
[Added 4-7-2005 by Ord. No. 524]
ANCHORING
The fastening of a mobile home to its mobile home stand in
order to prevent upset or damage due to wind, erosion, flooding or
other natural forces.
ANIMAL CEMETERY
Land or buildings used for the internment or burial of the
remains of three or more animals. Burial of one or two animals on
a lot shall be a permitted by right accessory use in all districts.
[Added 4-7-2005 by Ord. No. 524]
ANIMAL HUSBANDRY
The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "Keeping of pets" section of Article
XIII and beyond what is allowed within the definition of "crop farming." For the purposes of this chapter, the "keeping of livestock" shall have the same meaning as "animal husbandry." Animal husbandry shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
[Added 4-7-2005 by Ord. No. 524]
APPLICANT
The person or corporation responsible for a particular application
for an approval or permit under this chapter.
[Added 4-7-2005 by Ord. No. 524]
APPLICATION
A written form supplied by the Township for a Township approval,
decision or permit, including any accompanying site plan and additional
information and materials that the Township requires the applicant
to submit.
[Added 4-7-2005 by Ord. No. 524]
APPLICATION FOR SUBDIVISION OR DEVELOPMENT
Every application for subdivision or land development, tentative,
preliminary or final, required to be filed and approved prior to start
of construction or development, including application for all permits.
AUDITORIUM, COMMERCIAL
A commercial area or structure involving indoor or outdoor
space for exhibits, meetings, live performances or sports events,
but not a use that meets the definition of a movie theater, adult
cabaret or standard or fast-food restaurant.
[Added 4-7-2005 by Ord. No. 524]
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES
A building or area, other than a street, used for the outdoor
or indoor display, sale or rental of one or more of the following:
motor vehicles, recreation vehicles, boat trailers, farm equipment,
motorcycles, trucks, utility trailers, construction vehicles or boats
in an operable condition, or transportable mobile/manufactured homes
in a livable condition. This use may include an auto repair garage
as an accessory use, provided that all requirements of such use are
complied with. This use shall not include a mobile/manufactured home
park or a junkyard.
[Added 4-7-2005 by Ord. No. 524]
AUTO REPAIR GARAGE
A building and/or land where repairs and installation of
parts and accessories for motor vehicles and/or boats are conducted
that involves work that is more intense in character than work permitted
under the definition of "auto service station." An auto repair garage
shall include, but not be limited to, any use that involves any of
the following work: major mechanical or body work, straightening of
body parts, painting, welding or rebuilding of transmissions. This
use may also include any use described in the definition of "auto
service station."
[Added 4-7-2005 by Ord. No. 524]
BASEMENT
An enclosed floor area partly or wholly underground. A basement
shall be considered a "story" if more than 50% of the perimeter walls
at the basement ceiling height are five feet or higher above the adjacent
finished grade.
[Added 4-7-2005 by Ord. No. 524]
BERM
A mound or ridge of landscaped earth designed to act as a
screen or buffer.
[Added 4-7-2005 by Ord. No. 524]
BETTING USE
A use where lawful gambling activities are conducted, including
but not limited to off-track pari-mutuel betting, horse or dog tracks
or bingo parlors and riverboat gambling. This term shall not include
betting under the state lottery programs or betting under the small
games of chance provisions of state law, which shall instead be regulated
under the regulations applicable to the principal use of the property
(such as a "membership club").
[Added 4-7-2005 by Ord. No. 524]
BLAST OR BLASTING
The explosion of dynamite, black powder, fuse, blasting cap,
detonators, electric squibs or other explosives.
[Added 4-7-2005 by Ord. No. 524]
BLOCK
An area bounded by streets or streets and natural or man-made
features.
BOARD OF SUPERVISORS
The elected governing body of Lower Providence Township;
also referred to as the "Supervisors."
BOARDINGHOUSE
A residential use in which individual room(s) that do not
meet the definition of a dwelling unit are rented for habitation and
that does not meet the definition of a hotel, dormitory, motel, life-care
center, personal care center, bed-and-breakfast use, group home or
nursing home. A college fraternity or sorority house shall be considered
a type of boardinghouse. A boardinghouse may either involve or not
involve the providing of meals to residents.
[Added 4-7-2005 by Ord. No. 524]
BUFFER
An area designed to separate the uses of land which abut
it and which functions to ease the transition between them. Unless
otherwise specified, buffers may be included as part of the required
setbacks and yard areas. Buffers may be comprised of natural and/or
man-made materials depending upon the purpose they are intended to
serve.
BUILDING
Any structure, whether built conventionally or in a manner
generally referred to as "mobile," "modular" or "manufactured," having
enclosed walls and a roof and permanently located on the land, the
ordinary use of which requires people to enter the structure.
BUILDING CODE OFFICIAL (BCO)
A construction code official who manages, supervises and
administers building enforcement activities. Duties include but are
not limited to: management of building code enforcement activities;
supervision of building inspectors or plan examiners; issuance of
building permits, violation notices and orders to vacate; and the
initiation of prosecutions. These duties may include the duties of
a Township zoning officer who is certified to act as a BCO.
[Added 4-7-2005 by Ord. No. 524]
BUILDING COVERAGE
The maximum horizontal area covered by buildings at or above
grade.
BUILDING LINE
The line which serves as the rear boundary of the minimum
front yard. For the purposes of measuring lot width at the building
line, the following apply.
(1)
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
the lot complies with all other dimensional requirements of the district.
(2)
Where rear 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.
CABARET
A club, tavern, theater, auditorium or similar place which
includes live entertainment involving dancers, entertainers or employees
that display "specified anatomical areas" or engage in simulated or
actual "specified sexual activities."
[Added 4-7-2005 by Ord. No. 524]
CAMPGROUND
A commercial use that is primarily recreational in nature
that involves the use of tents, portable toilets or sites leased for
recreational vehicles for transient and seasonal occupancy by persons
recreating or by travelers using either canoes, rafts or boat rentals
or the use of tents or cabins for seasonal occupancy or temporary
use by organized groups of persons or by private rental purposes.
Rental of properties along the Delaware River for any type of boat,
canoe or rafting launch or landing shall be considered operating a
commercial campground.
[Added 4-7-2005 by Ord. No. 524]
CARPORT
A building intended for the storage of one or more motor
vehicles, but which is not enclosed on all sides. If any portion of
a carport is attached to a principal building, it shall be considered
to be part of that building.
[Added 4-7-2005 by Ord. No. 524]
CARTWAY
The portion of a street, alley or driveway intended for vehicular
use.
CEMETERY
Land or buildings used for the burial only of deceased humans
and/or for the cremated remains only of humans.
[Added 4-7-2005 by Ord. No. 524]
CENTER LINE OF STREET
A line equidistant from and parallel to the existing rights-of-way
lines on each side of the street.
[Added 4-7-2005 by Ord. No. 524]
CHAIRPERSON
Includes chairman, chairwoman, chair and acting chairperson
(when applicable).
[Added 4-7-2005 by Ord. No. 524]
CHRISTMAS TREE FARM or TREE FARM
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the seasonal
sale of trees produced on the premises.
[Added 4-7-2005 by Ord. No. 524]
CLEAR-CUTTING
A logging method that removes over 50% of all trees from
a tract of land or a portion thereof.
[Added 4-7-2005 by Ord. No. 524]
CLUSTER DEVELOPMENT
An alternative development method wherein structures are
arranged in closely related groups, reducing lot sizes, preserving
land for open space and permitting more imaginative site design than
may be possible under standard development.
COMMERCIAL
Intended to be for profit.
[Added 4-7-2005 by Ord. No. 524]
COMMERCIAL DISTRICT
Includes the PBO, MU, VC, GC, HC and BO Zoning Districts.
[Added 4-7-2005 by Ord. No. 524]
COMMERCIAL FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development. This term shall
not apply to Christmas tree farms.
[Added 4-7-2005 by Ord. No. 524]
COMMERCIAL INDOOR RECREATION
A type of commercial recreation use that: a) does not meet
the definition of "commercial outdoor recreation;" and b) is used
principally for active or passive recreation, such as a bowling alley,
roller skating, ice skating, commercial batting practice use and similar
uses. This term shall not include any use listed separately as a distinct
use in this ordinance.
[Added 4-7-2005 by Ord. No. 524]
COMMERCIAL OUTDOOR RECREATION
A type of commercial recreation use that: a) has a total
building coverage of less than 15%; and b) is used principally for
active or passive recreation, such as a golf driving range, miniature
golf course, amusement park, outdoor ice skating, campground and similar
uses. This term shall not include any use listed separately as a distinct
use by this chapter, such as a firearms target range.
[Added 4-7-2005 by Ord. No. 524]
COMMERCIAL USE
Includes retail sales, offices, personal services, auto sales,
auto repair garages and other uses of a similar nature. The sale of
goods or services from a vehicle on a lot shall also be considered
to be a retail store commercial use.
[Added 4-7-2005 by Ord. No. 524]
COMMERCIAL VEHICLE
Any motor vehicle or trailer that is primarily used for business
purposes, including but not limited to making service calls, transporting
equipment used in a business or in accomplishing physical work as
part of a business (such as hauling material). This term shall not
include any of the following: emergency medical vehicles, fire trucks,
school buses, recreational vehicles for personal use, U.S. Postal
Service vehicles, municipally-owned vehicles, vehicles clearly primarily
intended for agricultural uses, or vehicles actively engaged in the
construction or repair of streets, curbs, sidewalks or utilities in
the immediate area.
[Added 4-7-2005 by Ord. No. 524]
COMMISSION
The Planning Commission of the Township of Lower Providence.
[Added 4-7-2005 by Ord. No. 524]
COMMON FACILITIES
All the real property and improvements set aside for the
common use and enjoyment of residents of a development, including
but not limited to buildings, open space, 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 11-8-1993 by Ord. No. 390]
COMMON OPEN SPACE
A parcel or parcels of land or a combination of land and
water within a development site designed and intended for the use
or enjoyment of residents of a development, not including streets,
off-street parking areas and areas set aside for public facilities;
also referred to as "open space."
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or building addition containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
[Added 2-15-2001 by Ord. No. 453]
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, a
self-supporting tower, or a guyed tower, designed and used to support
communications antennas.
[Added 2-15-2001 by Ord. No. 453]
COMMUNITY CENTER
A noncommercial use that exists solely to provide leisure
and educational activities and programs to the general public or certain
age groups. The use also may include the noncommercial preparation
and/or provision of meals to low-income elderly persons. This shall
not include residential uses.
[Added 4-7-2005 by Ord. No. 524]
COMPOSTING
The controlled processing of vegetative material to allow
it to biologically decompose under controlled anaerobic or aerobic
conditions to yield a humus-like product.
[Added 4-7-2005 by Ord. No. 524]
COMPREHENSIVE PLAN
The current, officially adopted Lower Providence Township
Comprehensive Plan consisting of maps, charts and written and graphic
materials, as well as any revisions or amendments thereto.
CONCENTRATED ANIMAL FEEDLOT OPERATION (CAFO)
A CAFO is a lot or facility where at least 50 livestock or
poultry animals have been, are, or will be stabled or confined and
fed or maintained for a total of at least 45 days in any twelve-month
period, and the animal confinement area does not sustain crops, vegetation,
forage growth, or post-harvest residues in the normal growing season.
More than 50 animals shall be considered an industrial use and not
an agricultural use. It is not necessary that the same animals are
fed or maintained on the lot for the forty-five-day period nor do
the 45 days need to be consecutive. For the requirements of having
a Pennsylvania Nutrient Management Plan, a CAFO is also defined as
where the animal density exceeds two AEUs (AEU being defined as 1,000
pounds live weight of livestock or poultry animals, regardless of
the actual number of individual animals comprising the unit) per acre
on an annualized basis.
[Added 4-7-2005 by Ord. No. 524]
CONDOMINIUM
Real estate, portions of which are designated for separate
ownership and the remainder of which are designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
CONSERVATION EASEMENT
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land in a manner
approved by the Township Solicitor and Board of Supervisors and shall
run in perpetuity. Such easement shall be recorded in the Montgomery
County Recorder of Deeds Office. At a minimum, any conservation easement
established to meet a requirement of a Township ordinance shall restrict
uses of the land in a manner closely similar to all of the following:
[Added 4-7-2005 by Ord. No. 524]
(1)
The vast majority of the land shall be preserved
in a near-natural or landscaped state or for agricultural uses;
(2)
No new principal buildings may be constructed
on the lot, other than for noncommercial recreation or as necessary
to support on-site agricultural activities;
(3)
The land shall not be used for any mineral extraction,
commercial or industrial activities, other than agriculture or the
growing of trees and plants for replanting or for Christmas tree sales
or a lawful home occupation;
(4)
The lot shall not be further subdivided;
(5)
Currently forested areas shall be maintained
as forests, with only carefully selective cutting of trees in such
as a way as to preserve the character of such lands as forested lands,
without any clear-cutting;
(6)
The land shall not be used for stormwater management
facilities; and
(7)
A maintenance escrow or other arrangement guaranteeing
maintenance of the easement area in a form acceptable to the Township
Solicitor and Board of Supervisors shall be provided by the property
owner when deemed applicable by the Board of Supervisors.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
CONVENIENCE STORE
A use that primarily sells routine household goods, groceries
and prepared ready-to-eat foods to the general public, but that is
not primarily a restaurant, and that includes a building with a floor
area of less than 1,700 square feet. This use may also include the
accessory sale of gasoline. A convenience store shall not have drive-through
food service; otherwise it shall be considered a restaurant.
[Added 4-7-2005 by Ord. No. 524]
CONVERSION
To change from one use to another use, or to increase the
number of dwelling units within a building, unless otherwise stated.
This definition shall include an in-law apartment.
[Added 4-7-2005 by Ord. No. 524]
CORNER LOT
A lot having continuous frontage on two or more intersecting
roads.
CORPORATION
Any licensed corporation organized under the laws of Pennsylvania
or any other state of the United States. This shall include limited
partnerships, business trusts, limited liability partnerships and
limited liability corporations.
[Added 4-7-2005 by Ord. No. 524]
COUNTY
The County of Montgomery, Commonwealth of Pennsylvania.
[Amended 4-7-2005 by Ord. No. 524]
CRIMINAL TREATMENT CENTER
A use, other than a prison, providing living accommodations
and treatment facilities for persons needing such treatment because
of offenses that are criminal in nature. This shall include, but not
be limited to, drug rehabilitation centers, halfway houses for persons
recently released from prison and treatment centers for drunk drivers,
and juvenile delinquents.
[Added 4-7-2005 by Ord. No. 524]
CROP FARMING
The cultivating, raising and harvesting of products of the
soil and the storage of these products produced on the premises. The
definition of crop farming shall also include orchards and Christmas
tree farms, but shall not include animal husbandry, commercial forestry,
nonhousehold table, concentrated animal feeding operations, riding
academies or kennels.
[Added 4-7-2005 by Ord. No. 524]
CUL-DE-SAC
A road with access at one end and terminated at the other
by a paved vehicular turnaround.
CULTURAL CENTER
A building and/or land open to the public which contains
exhibits of clearly artistic or cultural interest, such as a museum,
art gallery or indoor nature study area. This shall not include uses
that are primarily commercial.
[Added 4-7-2005 by Ord. No. 524]
CULVERT
Any enclosed structure which has the purpose of carrying
stormwater and intermittent or constant surface drainage water flow.
CURBLINE
The outermost edge of a cartway.
CUT
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade;
also, the material removed in an excavation.
DAYS
Calendar days.
[Added 4-7-2005 by Ord. No. 524]
DE MINIMIS IMPROVEMENT
An improvement to an existing developed lot, tract or parcel of land which is otherwise consistent with the provisions of this Part
1 and other applicable Township ordinances and which does not increase the impervious surface on said lot by 10% of that existing prior to the new improvement, or 2,000 square feet, whichever is less.
[Added 6-26-1997 by Ord. No. 419]
D.E.P. (or "DEP")
The Pennsylvania Department of Environmental Protection,
and its relevant bureaus. Any reference to DER or the Department of
Environmental Resources shall be interpreted to mean DEP.
[Added 4-7-2005 by Ord. No. 524]
DEVELOPABLE ACRE
For the purpose of calculating density per developable acre,
the developable acreage shall equal the gross land area of the proposal,
minus the following acreage:
(1)
All land contained within the existing ultimate
rights-of-way of all roads abutting or running through the land proposed
for subdivision or land development.
(2)
All floodplain and soils with slopes of 15%
or greater as defined by the Soil Survey of Montgomery County, 1967.
DEVELOPMENT
Any man-made change to improved real estate, including but
not limited to buildings or other structures, the placement of mobile
homes, streets and other paving, utilities, mining, dredging, filling,
grading, excavation or drilling operations.
DEVELOPMENT PLAN
The provisions for guiding development, including a plan
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, parking facilities, ways, common open space and public facilities.
The phrase "provisions of the development plan" shall mean the written
and graphic materials referred to in this definition.
DISTRIBUTION
The processing of materials so as to sort out which finished
goods are to be transported to different locations, and the loading
and unloading of such goods. This use usually involves inventory control,
material handling, order administration and packaging. Specifically,
a use that primarily involves either loading materials from tractor-trailers
onto smaller trucks or loading materials from smaller trucks onto
tractor-trailers shall be considered a distribution use. This term
shall not include a trucking company terminal.
[Added 4-7-2005 by Ord. No. 524]
DISTRICT or ZONING DISTRICT
A land area within the Township within which certain uniform
regulations and requirements or various combinations thereof apply
under the provisions of this chapter.
[Added 4-7-2005 by Ord. No. 524]
DORMITORY
A principal or accessory building that includes residential
areas occupied exclusively by faculty or students of an accredited
college or university or state-licensed hospital or accredited public
or private primary or secondary school.
[Added 4-7-2005 by Ord. No. 524]
DRAINAGE
The natural or man-made features of the land that are specifically
designed to store or carry surface water runoff.
DRAINAGE FACILITIES
The natural or man-made features of the land that are specifically
designed to store or carry surface water runoff.
DRIVE-THROUGH SERVICE
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles. Drive-through
service shall be used only for a restaurant, pharmacy or financial
institution.
[Added 4-7-2005 by Ord. No. 524]
DRIVEWAY
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.
EARTHMOVING AND/OR GRADING
For the purposes of this Ordinance, "earthmoving" as defined in applicable DEP regulations (Chapter
102, Erosion and Sediment Control of 25 PA Code of Regulations), and also shall include any one or more of the following activities:
[Added 4-7-2005 by Ord. No. 524]
(1)
Cutting down of trees or clearing of brush,
other than clearing of grass and weeds;
(2)
Excavation of the ground, filling of the ground
or mineral extraction;
(3)
Grading, re-grading, any change in the ground
surface elevation greater than one foot, disturbance of topsoil or
vegetative cover of the land;
(4)
For the purposes of this definition, the term
"earthmoving" shall apply to any soil, clay, overburden, sediment,
dredge spoils or similar material;
(5)
Removal of tree stumps or brush with earthmoving
equipment.
EASEMENT
A permanent right, including a right-of-way, granted by a
property owner for the limited use of his/her private land for public,
quasi-public or private purposes. It can be a utility, drainage or
public access easement or for other purposes. The owner of the property
shall have the right to make any other use of the land which is not
inconsistent with the rights of the grantee.
ELECTRIC GENERATION
The production of electricity for distribution within a plant
which has received all required state approvals.
[Added 4-7-2005 by Ord. No. 524]
ELECTRIC SUBSTATION
An assemblage of equipment for transforming electric power
rather than for its generation or utilization.
[Added 4-7-2005 by Ord. No. 524]
EMERGENCY SERVICES STATION
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that District. This may include
housing for emergency personnel while on-call.
[Added 4-7-2005 by Ord. No. 524]
EMPLOYEES
The highest number of workers (including both part-time and
full-time, both compensated and volunteer and both employees and contractors)
present on a lot at any one time, other than clearly temporary and
occasional persons working on physical improvements to the site.
[Added 4-7-2005 by Ord. No. 524]
ENCLOSURE
Any type of structure used to surround a patio, pool or deck
at any height.
[Added 4-7-2005 by Ord. No. 524]
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
EROSION
The removal of surface materials by the action of natural
elements.
ESSENTIAL SERVICES
Uses that are necessary for the preservation of the public
health and safety, and that are routine, customary and appropriate
to the character of the area in which they are to be located. See
utilities in the Pennsylvania Municipalities Planning Code. Essential
services shall not include a central sewage treatment plant, a solid
waste disposal area or facility, communications and cellular towers,
a power-generating station, switching stations, septic or sludge disposal,
offices, storage of trucks or equipment or bulk storage of materials.
[Added 4-7-2005 by Ord. No. 524]
EXCAVATION
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated or bulldozed, as well as
the conditions resulting therefrom.
FAIRGROUNDS
A use that offers primarily outdoor agriculturally-related
and horticultural exhibitions and shows, trade shows, boat shows,
recreational vehicle shows or temporary tent sales, hobby shows, camping
shows, fishing and hunting shows, firework displays with accessory
facilities such as amusement park rides, commercial games and musical
concerts, routine and customary accessory activities on the property
of a Township-recognized fire company, such as small games of chance
and fund-raising breakfasts and temporary foodstands to serve attendees
at such events.
[Added 4-7-2005 by Ord. No. 524]
FAMILY
One person living alone in a single dwelling unit, or more
than one person living together and functioning as a common household
in a single dwelling unit. A family shall not include more than four
persons who are not related to each other by blood, foster relationship,
marriage or adoption. A family may also include up to five persons
living in a dwelling (including any staff present during any one shift)
in a group home but shall not include a criminal treatment center.
For a use involving greater numbers of unrelated persons, see "boardinghouse"
or "institutional group home."
[Added 4-7-2005 by Ord. No. 524]
FEEDING AREAS
All areas which encompass and surround the indoor area. These
areas do not include pastures if the pastures are rotated, are fenced
in at least 15 feet from all residential property lines and the use
does not meet the definition of livestock raising.
[Added 4-7-2005 by Ord. No. 524]
FENCE
A man-made barrier placed or arranged as a line of demarcation,
an enclosure or a visual barrier that is constructed of wood, chain-link
metal or aluminum and/or plastic inserts. Man-made barriers constructed
principally of brick, concrete, cinder block or similar materials
shall be considered walls. The term "wall" does not include engineering
retaining walls, which are permitted uses as needed in all districts.
The terms "fence" and "wall" do not include barriers of trees or shrubs.
Fences shall not contain materials such as barbed wire or have potentially
dangerous features such as spikes.
[Added 4-7-2005 by Ord. No. 524]
FILL
Any act by which natural materials are placed, pushed, dumped,
pulled, transported or moved to a new location above the natural surface
of the ground or on top of the stripped surface, as well as the conditions
resulting therefrom.
FINANCIAL INSTITUTION
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public and that may include automatic teller machines (ATM).
[Added 4-7-2005 by Ord. No. 524]
FISH FARMING
See "agricultural operation."
[Added 4-7-2005 by Ord. No. 524]
FLEA MARKET
Businesses with short-term or daily rental of stalls, booths
or selling spaces to individual persons for selling used and new consumer
merchandise, antiques, art and craft items and collectibles at retail.
Resale of merchandise is allowable, but not as a branch or outlet
of a business with another location elsewhere outside the flea market.
Such uses as junk sales, used car sales, thrift shops, and consignment
shops are excluded from this definition.
[Added 4-7-2005 by Ord. No. 524]
FLOODPLAIN RELATED TERMS
(1)
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared. For the purposes of this and other ordinances, it shall be the one-hundred-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration.
(2)
BASE FLOOD ELEVATIONThe one-hundred-year-flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain or other similarly documented areas, the one-hundred-year-flood elevation shall be established nearest to the construction site in question.
(3)
FEMA and FIAThe Federal Emergency Management Agency and the Federal Insurance Administration, who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.
(4)
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
(5)
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this Part
1, it also delineates floodplain areas.
(6)
FLOOD INSURANCE STUDYThe examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this Part
1 and other ordinances.
(7)
FLOODPLAINThat area defined in Chapter
143, Zoning, as the Floodplain Conservation District; the floodplain definition contained therein is made a part of this Part
1 by reference.
(8)
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
(9)
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improve real property, water and sanitary facilities, structures and their contents. Such measures are set forth in Ploodproofing Regulations, published by the Office of the Chief Engineers, United States Army, publication number EP 1165 2 314 (June 1972 and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the Completely Dry Spaces (W1) and Essentially Dry Spaces (W2), classes referenced in these regulations. In said publication where reference is made to below or above the BFD (base flood datum), it shall be interpreted as meaning below or above the base flood elevation.
(10)
ONE-HUNDRED-YEAR FLOODA flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any one year.
(12)
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(a)
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions;
or
(b)
Any alteration of a structure listed on a National
Register of Historic Places or a State Inventory of Historic Places.
FOOTPRINT
The perimeter of a building or structure.
[Added 4-7-2005 by Ord. No. 524]
FRATERNITY OR SORORITY HOUSE
A type of boardinghouse, regulated as such, which is occupied
by organized groups of higher education students, and which is officially
recognized as a fraternity or sorority by such institution.
[Added 4-7-2005 by Ord. No. 524]
FRONTAGE
The length of the lot line abutting a street ultimate right-of-way.
GARAGE "YARD" SALE
The accessory use of any lot for the occasional sale only
of common household goods and furniture and items of a closely similar
character. See Yard Sale Permit Ordinance.
[Added 4-7-2005 by Ord. No. 524]
GOLF COURSE
An outdoor area used for the game of golf, with a minimum
of nine holes each requiring a player to hit a ball at least 100 feet.
This use may also include a clubhouse (which may include a restaurant,
banquet facilities or snack bar), swimming pools, tennis courts, golf
equipment sales maintenance structures and similar facilities as accessory
uses.
[Added 4-7-2005 by Ord. No. 524]
GRADE
The slope of a street, parcel of land, utility lines, drainageways,
etc., specified in percent (%) and shown on plans as required herein.
GROSS ACREAGE
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.
GROUND COVER
Low-growing plant materials planted in a manner to provide
continuous plant cover of the ground surface; lawn, ivy and other
low plant materials are included. Nonplant ground cover may also include
bark or wood chips, gravel and stone, provided that they are maintained
as a continuous pervious cover.
GROUP HOME
A use that meets all of the following criteria:
[Added 4-7-2005 by Ord. No. 524]
(1)
Involves the care of between two and 20 persons
who are not related to each other by blood, marriage, adoption or
formal foster relationship;
(2)
Involves the care of persons who need nonroutine
support services and oversight in order to reasonably function, because
of physical illness or infirmity, old age, physical disability, mental
illness, mental retardation or emotional disability, but that is not
a criminal treatment center;
(3)
Involves persons residing in a family-like residential
environment; and
(4)
Operates under an applicable license or certification
from an appropriate state or county agency.
HAZARDOUS WASTE
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated, or disposed of in a manner customarily
accepted for ordinary solid wastes. This also includes wastes subject
to special state or federal licensing or regulation, including but
not limited through the Pennsylvania Solid Waste Management Act.
[Added 4-7-2005 by Ord. No. 524]
HEIGHT OF BUILDING
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 building architectural projections of
the building not intended for human occupancy shall not be included
in calculating the height If there are two or more separate roofs
on a single building, the height of such shall be calculated from
the highest roof.
HELIPORT
An airport that is limited to use by helicopters. This Ordinance
is not intended to regulate the nonroutine emergency landing and takeoff
of aircraft to pickup seriously injured or ill persons.
[Added 4-7-2005 by Ord. No. 524]
(2)
PRIVATE HELIPORTA heliport limited to a maximum total of 10 flights or takeoffs in any seven-day period and that is not available for use by the general public.
HISTORIC SITE
Any area, building or natural feature which has been designated
by statute, ordinance or departmental or executive declaration of
any governmental body as possessing historic significance.
HITCH
A device which is part of the frame or attaches to the frame
of a mobile home and connects it to a motorized vehicle for the purpose
of transporting.
HOMEOWNERS ASSOCIATION (HOA)
A community association combining individual home ownership
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 11-8-1993 by Ord. No. 390]
HOSPICE
A facility that provides support services for terminally
ill persons, but that does not primarily involve highly skilled medical
care. Such use may occur within a hospital, personal care center or
group home. However, if the use involves care of persons with illnesses
that can be contagious through the air or casual conduct, the use
shall be limited to within a hospital or nursing home.
[Added 4-7-2005 by Ord. No. 524]
HOSPITAL
A use that involves the diagnosis, treatment or other medical
care of humans that includes care requiring stays overnight and that
may also include outpatient care. A medical care use that does not
involve stays overnight shall be considered a "medical office or clinic."
A hospital may involve care and rehabilitation for medical, dental
or mental health, but shall not include housing of the criminally
insane nor primarily involve housing or treatment of persons actively
serving an official sentence after being convicted of a felony. A
hospital may also involve medical research and training for health-care
professions.
[Added 4-7-2005 by Ord. No. 524]
IMPROVEMENT
The physical additions, installations and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities and drainage facilities.
INDUSTRIAL USE
Includes manufacturing, distribution, warehousing and other
operations of an industrial and not primarily of a commercial, institutional
or residential nature.
[Added 4-7-2005 by Ord. No. 524]
INSTITUTIONAL USE
An organization having an educational, social or religious
purpose such as a hospital, nursing home, life care center, retirement
Village, assisted living care, church, reformatory, school, college
and university.
[Added 4-7-2005 by Ord. No. 524]
JUNK
Any discarded, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicles, aircraft, glass, industrial waste, machinery,
equipment, containers, structures and other used building materials.
Junk shall not include organic solid waste, grass clippings, leaves,
tree limbs or household items intended to be recycled. Outdoor storage
and outdoor processing of junk shall only be permitted within an approved
junkyard or solid waste disposal area. Junk shall not include solid
waste customarily stored in a completely enclosed and sanitary container
that is routinely awaiting collection.
[Added 4-7-2005 by Ord. No. 524]
JUNK VEHICLE
A motor vehicle that meets any of the following conditions:
[Added 4-7-2005 by Ord. No. 524]
(1)
Does not display a license plate with a current
state registration sticker, except for new or used vehicles located
on commercial sales or trailer lots;
(2)
Does not have a valid state safety inspection
sticker where that would be required for it to travel on a public
street, except for new or used vehicles on commercial vehicle sales
or trailer lots;
(3)
Cannot be immediately moved under its own power,
in regards to a vehicle designed to move under its own power, other
than a vehicle clearly needing minor repairs;
(4)
Cannot be immediately towed, in regards to a
vehicle designed to be towed;
(5)
Has been demolished beyond repair;
(6)
Has been separated from its axles, engine, body
or chassis; includes only the axle, engine or body parts and/or chassis,
separated from the remainder of the vehicle.
KEEPING OF PETS
Domestic animals that are normally considered to be kept
in conjunction with a dwelling for the pleasures of the resident family.
This shall include dogs, cats, small birds, racing pigeons, gerbils,
rabbits and other nonpoisonous animals commonly sold in retail pet
shops.
[Added 4-7-2005 by Ord. No. 524]
KENNEL
The keeping of more than four dogs or more than six cats
that are older than six months in any residential use or district
or on any nonresidential lot or breeding of any number of animals
for compensation or commercial uses. A nonprofit animal shelter is
a type of kennel.
[Added 4-7-2005 by Ord. No. 524]
LAND DEVELOPMENT
[Amended 8-10-1992 by Ord. No. 384]
(1)
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(a)
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots, regardless of the number
of occupants or tenure.
(b)
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, buildings or building groups or other features.
(c)
The construction or erection of a communications
tower, communications antennas or communications equipment building.
[Added 2-15-2001 by Ord. No. 453]
(2)
A subdivision of land. Land development as defined
herein shall not include the addition of an accessory building subordinate
to an existing principal building on a lot or lots.
LANDOWNER
The legal or beneficial owner or owners of land or a building
thereon or a portion of either, including the holder of an option
or contract to purchase, whether or not such option or contract is
subject to any condition; a lessee if he is authorized under the lease
to exercise the rights of the landowner; or other person having proprietary
interest in land.
LOT
A parcel of land which is occupied or is to be occupied by
one principal building or other structure or use, together with any
accessory building or structures or uses customarily incidental to
such principal building or other structure or use, and any such open
spaces as are arranged or designed to be used in connection with such
principal building or other structure or use.
LOT AREA
The total horizontal area of the lot lying within the lot
lines, provided that, for the area of any lot abutting a road, the
area shall be measured to the ultimate right-of-way line. Lot area
shall exclude any public right-of-way but shall include the area within
any easement. Lots shall be measured in square feet in lots up to
three acres in size, and, for lots over three acres, it shall be measured
in acres.
LOT, FLAG
An irregularly shaped lot characterized by an elongated extension
from a street to the principal part of the lot. The flag shape of
the lot is normally intended to provide for access to an otherwise
landlocked interior lot or parcel.
[Added 4-7-2005 by Ord. No. 524]
LOT, INTERIOR
A lot other than a corner lot, also known as a "flag lot."
[Added 4-7-2005 by Ord. No. 524]
LOT LINE
(1)
Any property boundary line of a lot, further
defined as follows:
(a)
FRONT LOT LINEThe line identical with the ultimate right-of-way line. Also known as "street line."
(b)
REAR LOT LINEThe line or lines most nearly parallel or concentric to the front lot line.
(c)
SIDE LOT LINESThe 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.
(2)
A lot which fronts on more than one street shall
have a front lot line on each street frontage.
LOT, REVERSE FRONTAGE
Lot abuts two approximately parallel streets, but only has
access onto one street, usually the less heavily traveled street.
[Added 4-7-2005 by Ord. No. 524]
LOT, THROUGH
A lot that abuts two approximately parallel streets.
[Added 4-7-2005 by Ord. No. 524]
LOT WIDTH
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.
LUMBER YARD/BUILDING SUPPLY
Building materials, supplies and accessories, wholesale/retail
sales (e.g., Home Depot, Lowes retail stores, etc.).
[Added 4-7-2005 by Ord. No. 524]
MAINTENANCE GUARANTY
Any security which may be required of a developer of the
Township after the final acceptance by the Township of improvements
installed by the developer. Such security may include, but is not
limited to, maintenance bonds, surety agreements or other collateral
in accordance with the laws of the Commonwealth of Pennsylvania.
MANUFACTURE
The making, with substantial use of machinery, of some product
for sale, and/or associated assembly, fabrication, cleaning, testing,
processing, recycling, packaging, conversion, production, recycling,
distribution and repair, with substantial use of machinery, of products
for sale. This term shall not include the following: retail sales,
personal services, solid waste disposal facility or truck terminal.
[Added 4-7-2005 by Ord. No. 524]
MASONRY MAILBOX STRUCTURE
Any brick, stone or block fabrication having the singular
purpose of supporting a rural mailbox that conforms to U.S. Postal
Service standards.
[Added 4-7-2005 by Ord. No. 524]
MEDICAL OFFICE OR CLINIC
A use involving the treatment and examination of patients
by state-licensed physicians or dentists, provided that no patients
shall be kept overnight on the premises. This use may involve the
testing of tissue, blood or other human materials for medical or dental
purposes.
[Added 4-7-2005 by Ord. No. 524]
MINERALS
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
[Added 4-7-2005 by Ord. No. 524]
MINERAL EXTRACTION
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. Mineral
extraction includes but is not limited to the extraction of sand,
gravel, topsoil, limestone, sandstone, coal, clay, shale and iron
ore. The routine movement of and replacement of topsoil during construction
shall not by itself be considered to be mineral extraction.
[Added 4-7-2005 by Ord. No. 524]
MOBILE HOME
A single-family detached dwelling intended for permanent
occupancy, which may not meet local building codes but does meet the
standards set by the United States Department of Housing and Urban
Development; contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
assembly operations; and constructed so that it may be used with or
without a permanent foundation, including any roofed addition, such
as extra rooms, covered patios, porches, etc.
MOBILE HOME PARK
A subdivision or land development which is planned and constructed in compliance with the requirements of the Mobile Home Regulations, Article
VI, of this Part
1, consisting of two or more mobile home lots.
MOBILE HOME STAND
That part of an individual lot which has been reserved and
prepared for the placement of the mobile home.
MODULAR HOME
Any structure designed as a single-family or multifamily
dwelling, except a mobile home, 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
in such a manner that all concealed parts or processes of manufacture
cannot be inspected at the site without disassembly, damage or destruction.
The construction materials and specifications must conform to those
of conventionally built homes.
MOST ENVIRONMENTALLY SOUND ALTERNATIVE
The alternative to the proposed use or project that has the
least impact on the natural environment and communities within the
Township of the range of alternatives examined and proposed to the
proposed use or project.
[Added 4-7-2005 by Ord. No. 524]
MOTEL
See "hotel."
[Added 4-7-2005 by Ord. No. 524]
NEIGHBORHOOD
Under the Open Space Residential Overlay District, a development consisting of a limited number of single-family detached dwellings surrounded by open space, as regulated by this Part
1.
[Added 11-8-1993 by Ord. No. 390]
NEW CONSTRUCTION
Structures for which the start of construction as herein defined commenced on or after the effective date of this Part
1. This term does not apply to any work on a structure existing before the effective date of this Part
1.
NONCONFORMING LOT
Any lawful lot which does not conform to one or more of the applicable dimensional regulations of the zoning district in which it is located either on the effective date of this Part
1 or as a result of a subsequent amendment thereto.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable lot area, dimensional and other provisions
in this ordinance, as amended, where such structure lawfully existed
prior to the enactment of such ordinance or amendment. Such nonconforming
structures include, but are not limited to, signs.
[Added 4-7-2005 by Ord. No. 524]
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this ordinance or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this ordinance or amendment.
[Added 4-7-2005 by Ord. No. 524]
NURSING HOME
A facility licensed by the state for the housing and intermediate
or fully skilled nursing care of four or more persons.
[Added 4-7-2005 by Ord. No. 524]
OFFICE
A use that involves administrative, clerical, real estate,
financial, governmental or professional operations and operations
of a similar character. This use shall not include retail nor industrial
uses, medical or dental offices, clinics or laboratories, photographic
studios and/or television or radio broadcasting studios.
[Added 4-7-2005 by Ord. No. 524]
OFFICIAL HIGHWAY MAP
A map depicting the routes of vehicular travel within the Township, which is part of the Township of Lower Providence Comprehensive Plan, which depiction of such routes only is hereby incorporated by reference in this Part
1 and shall be as much a part of this Part
1 as if fully described herein; provided, however, that said depiction may be amended from time to time. The depiction of said routes is available for inspection by the public at the Lower Providence Township Building.
OPEN SPACE
Under the Open Space Residential Overlay District, that portion
of a tract that is set aside for the use and enjoyment of residents
and the protection of sensitive natural features, farmland, scenic
views, and other unique features. Open space may be accessible to
the residents of the development and/or the Township, or it may contain
areas of farmland which are not accessible to the public.
[Amended 11-8-1993 by Ord. No. 390]
PARKING SPACE
A reasonably level space, available for the parking of one motor vehicle, with minimum dimensions as specified in §
123-37, exclusive of passageways, driveways or other means of circulation or access. A garage or garage area shall not meet the requirement of a parking space, except where provided in Chapter
143, Zoning. A parking space shall have adequate base stone and shall be paved with concrete, asphalt or other material of like qualities.
PERFORMANCE GUARANTIES
Any security which may be required of a developer by the
Township in lieu of a requirement that certain improvements be made
before the Township approves the developer's subdivision plan or land
development plan. Such security may include, but is not limited to,
performance bonds, escrow agreements, surety agreements, irrevocable
letter of credit or other types of security approved by the Township
and consistent with Act 247.
PERMIT
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities.
[Added 4-7-2005 by Ord. No. 524]
PERMITTED BY RIGHT USE
Uses that do not have to be approved as uses by the Zoning
Hearing Board or the Board of Supervisors. (A site plan review by
the Planning Commission and the Board of Supervisors is required for
certain permitted by right uses to ensure that the use would comply
with all Township ordinances.) A nonconforming use shall not be considered
to be a permitted use.
[Added 4-7-2005 by Ord. No. 524]
PLACES OF WORSHIP
Buildings, synagogues, churches, religious retreats, monasteries,
seminaries and shrines used primarily for religious and/or spiritual
worship and that are operated for nonprofit and noncommercial purposes.
This use shall be regulated as an institutional use and shall be considered
an accessory use to any agricultural, residential, commercial or industrial
use.
[Added 4-7-2005 by Ord. No. 524]
PLAN
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes. Plans are further
defined as follows:
(1)
PLAN, FINALA plan consisting of two parts, a record plan and an improvement construction plan, as described below:
(a)
RECORD PLANA plan prepared for recording, showing all ultimate rights-of-way, easements, lot lines and all other items and certifications required under §
123-20; a required part of the final plan.
(b)
IMPROVEMENT CONSTRUCTION PLANA plan prepared by a registered engineer, showing the construction details described in §
123-20B of this Part
1, including the details for streets, drains, sewers, bridges, culverts and other improvements; a required part of the final plan when the application includes any of the improvements described in §
123-20B.
(2)
PLAN, MINOR LAND DEVELOPMENTA plan showing the provision for development of a tract that meets the criteria of § 123-8C(1) of this Part
1 for consideration as a minor land development.
(3)
PLAN, MINOR SUBDIVISIONA plan for the division of a single tract of land, with lot lines prepared by a registered surveyor. A plan meeting the criteria of § 123-8B(1) or this Part
1 for consideration as a minor subdivision.
(4)
PLAN, PRELIMINARYA plan for the division of a single tract or showing the provision for development of a tract, including the proposed street and lot layout, easements and all the other information required in §
123-18 of this Part
1. A preliminary plan shall be submitted for any proposed subdivision or land development in Lower Providence that does not qualify for submission as a minor subdivision or minor land development.
(5)
PLAN, RECORDA plan prepared for recording, showing all ultimate rights-of-way, easements, lot lines and all other items and certifications required under §
123-20 of this Part
1.
(6)
PLAN, TENTATIVE SKETCHA draft showing proposed streets, lots, buildings and topography that is used by the applicant to obtain advice and guidance from the Township prior to the preparation of preliminary plans.
PLANNING COMMISSION
The Planning Commission for the Township of Lower Providence.
[Added 4-7-2005 by Ord. No. 524]
PLANT NURSERY or LANDSCAPING BUSINESS
The indoor and/or outdoor raising of trees, plants, shrubs
or flowers for sale and storage of landscaping equipment, but not
primarily including commercial forestry for lumber. A plant nursery
may include the growth of trees for sale for internal decoration of
homes, such as a Christmas tree farm. A plant nursery or landscaping
business with more than three employees shall be regulated as a commercial
retail store business.
[Added 4-7-2005 by Ord. No. 524]
PORTABLE SWIMMING POOL
A swimming pool of less than 24 inches in height. Portable
swimming pools are not regulated by this ordinance. Other swimming
pools are subject to the regulations of this ordinance and the Township
Building Code.
[Added 4-7-2005 by Ord. No. 524]
PRIMARILY
The types of uses, structures, or buildings which are specifically
permitted and allowed on a property.
[Added 4-7-2005 by Ord. No. 524]
PRINCIPAL USE
The dominant use(s) or single main use on a lot, as opposed
to an accessory use.
[Added 4-7-2005 by Ord. No. 524]
PRINTING
Shall include printing, publishing, lithographing, photocopying,
bookbinding and similar uses.
[Added 4-7-2005 by Ord. No. 524]
PRISON
A correctional institution within which persons are required
to inhabit by criminal court actions or as the result of a criminal
conviction.
[Added 4-7-2005 by Ord. No. 524]
PROPERTY LINE
Has the same meaning as "lot line."
[Added 4-7-2005 by Ord. No. 524]
PUBLIC NOTICE
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days nor less than 14 days from the date
of the hearing.
RACETRACK
A use primarily involving driving of any type of motor vehicle
other than driving on a public street, and involving speeds routinely
exceeding 40 miles per hour, that involves some element of timekeeping
or other competition.
[Added 4-7-2005 by Ord. No. 524]
REAR LOT
Also known as an "interior 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 which has limited frontage along the abutting street.
RECREATION, PRIVATE OR COMMERCIAL
Leisure-time activities that are only open to members, guests
or some specific groups and/or that are principally operated for commercial
purposes.
[Added 4-7-2005 by Ord. No. 524]
RECREATIONAL VEHICLE
A vehicle which is designed primarily to transport a person
for primarily recreational instead of transportation purposes or a
vehicle that serves as a mobile, temporary dwelling. This may include
a vehicle that is self-propelled, towed or carried by another vehicle,
but shall not include camper cabs that fit over pickup trucks. This
term shall also include the following: watercraft with a hull longer
than 12 feet, motor homes, travel trailers, all-terrain vehicles and
snowmobiles.
[Added 4-7-2005 by Ord. No. 524]
RECREATIONAL VEHICLE STORAGE AREA
An outdoor area used for the storage of two or more recreational
vehicles. Retail sales or major repair work shall only be allowed
if those uses are permitted in that district.
[Added 4-7-2005 by Ord. No. 524]
RECYCLING COLLECTION CENTER
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling but that does not
involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted by right accessory use
in all districts without additional regulations.
[Added 4-7-2005 by Ord. No. 524]
RELATED or RELATIVE
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
brother, sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
parent-in-law or first cousin. This term specifically shall not include
relationships such as second, third or more distant cousins. See definition
of "dwelling unit."
[Added 4-7-2005 by Ord. No. 524]
REPAIR SERVICE
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
[Added 4-7-2005 by Ord. No. 524]
RESERVE STRIP
A parcel of land separating a road from adjacent properties.
RESIDENTIAL USE
An existing or proposed dwelling or dwelling unit on a lot.
[Added 4-7-2005 by Ord. No. 524]
RESIDENTIAL ACCESSORY BUILDING OR STRUCTURE USE
A use or structure that is clearly accessory, customary and
incidental to a dwelling on a lot, including the following uses and
uses that are very similar in nature: garage (household), carport,
tennis court, garage sale, basketball backboard, household swimming
pool, volleyball court, gazebo, storage shed, greenhouse, children's
playhouse or children's play equipment over 100 square feet or a permitted
apartment for care of relative. No business shall be conducted in
a household garage or storage shed that is accessory to a dwelling,
except as may be allowed as a home occupation.
[Added 4-7-2005 by Ord. No. 524]
RESIDENTIAL DISTRICT
Includes the R-1, R-2, R-3, R-4, R-5, OSR, PFO, and MHP Zoning
Districts.
[Added 4-7-2005 by Ord. No. 524]
RESIDENTIAL LOT LINES
The lot line of a lot containing an existing dwelling or
the lot line of undeveloped land zoned as a residential district.
[Added 4-7-2005 by Ord. No. 524]
RETAIL STORE
A use in which merchandise is sold or rented to the general
public but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or restaurant.
[Added 4-7-2005 by Ord. No. 524]
RETIREMENT VILLAGE
A residential development limited exclusively to persons
aged 55 years and older and their spouses.
[Added 4-7-2005 by Ord. No. 524]
REVERSE FRONTAGE LOTTING
Lotting which extends between two streets of differing classifications,
with vehicular access provided from the lesser street, in order to
promote traffic flow and safety on a higher classification street.
RIGHT-OF-WAY
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:
(1)
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a plan is submitted.
(2)
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes based on classifications in this Part
1.
RIPARIAN BUFFER AREAS
Land immediately adjoining and upgradient from any type of
natural watercourse, wetland, fen, river or stream that is vegetated
with a combination of trees, shrubs and other herbaceous plants. Riparian
buffer areas can include floodplain and wetland areas.
[Added 4-7-2005 by Ord. No. 524]
RUNOFF
That portion of the precipitation on a drainage area that
is discharged from the area. Types include surface runoff, surface
groundwater runoff and seepage.
SCREENING
A year-round vegetative material of substantial height and
density designed to buffer some use from adjacent properties or uses.
[Added 4-7-2005 by Ord. No. 524]
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited or remains suspended in water, it is usually referred to
as "sediment."
SELF-STORAGE DEVELOPMENT
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property. This use may also include a
recreational vehicle storage use.
[Added 4-7-2005 by Ord. No. 524]
SEWERAGE FACILITIES, CENTRAL
A sewage disposal system designed, built and operated 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.
SHED, HOUSEHOLD STORAGE
A structure or building which is less than 250 square feet
and is used only for the storage of lawn equipment and personal items
accessory to a residential use. Any other type of use other than storage
shall not be allowed within the shed.
[Added 4-7-2005 by Ord. No. 524]
SHOPPING CENTER
A use combining three or more satellite uses, retail, personal
services, offices and restaurants.
[Added 4-7-2005 by Ord. No. 524]
SIGHT DISTANCE
The minimum distance required for a vehicle traveling at
a given speed to stop before reaching an object in its path. Stopping
sight distance is measured from a driver's eyes, which are assumed
to be 3.5 feet above the pavement, to an object six inches high on
the road.
SIGHT TRIANGLE
The area of a triangle, whose legs are the sides of the cartway
and an accessway which intersects with it, each being not less than
10 feet long from the point of intersection and whose hypotenuse connects
the two legs.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more person, partnership
or corporation, which ownership is separate and distinct from that
of any abutting or adjoining lot.
[Added 4-7-2005 by Ord. No. 524]
SKIRTS
Panels specifically designed for the purpose of screening
the underside of a mobile home by forming an extension of the vertical
exterior walls of the mobile home and covering the entire distance
between the bottom of the exterior walls and the ground elevation
below.
SLASH
In regards to commercial timber (tree) harvesting, "slash"
shall mean all debris resulting from timber harvesting operations,
including stems, limbs, tops, stumps and parts thereof of a tree.
[Added 4-7-2005 by Ord. No. 524]
SLAUGHTERHOUSE
A use involving the killing of animals for the production
of food or some other commercial product. A commercial stockyard or
similar facility that primarily involves the bulk storage or transferring
of animals on the way to slaughter shall also be considered a slaughterhouse.
This shall not include a custom "butcher shop" that does not involve
killing of animals (which is a retail sales use). This use shall be
considered an industrial use.
[Added 4-7-2005 by Ord. No. 524]
SLOPE
The face of an embankment of cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
SOIL STABILIZATION
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its physical properties.
SOIL SURVEY
A report entitled "Soil Survey of Montgomery County, Pennsylvania,"
published April 1967 by the Soil Conservation Service, United States
Department of Agriculture, which is available through the Extension
Service, Agricultural Agent, the Pennsylvania State University.
SOLAR ENERGY
Radiant energy received from the sun at wavelengths suitable
for conversion into thermal, chemical or electrical energy.
SOLID WASTE[Added 4-7-2005 by Ord. No. 524]
(1)
Any garbage, refuse, sewage sludge or other
discarded material, including solid, liquid, semisolid or contained
gaseous material resulting from industrial, institutional, public,
household, commercial or mining activities.
(2)
For the purposes of this ordinance, the following
materials shall not be considered to be solid waste: 1) portions of
trees or shrubs, leaves, mulch and rocks; 2) substances legally disposed
of into the air or water through a federal or state pollution discharge
permit; 3) customary residual wastes from a permitted mineral extraction
use; or 4) materials of a character such as paper, plastic, aluminum
and metal that have been separated from the waste stream for recycling.
SOLID WASTE DISPOSAL FACILITY[Added 4-7-2005 by Ord. No. 524]
(1)
Land or structures where solid waste is processed,
incinerated or disposed of. This shall only include the following
facilities, each of which shall be required to have all permits required
by the state in place prior to initiation of the use: sanitary landfill,
solid waste transfer facility or solid waste-to-energy facility.
(2)
The following uses for the purposes of this
ordinance shall not be considered to be a solid waste disposal facility:
junkyard, recycling collection center, leaf composting, clean fill
or septage or sludge application.
SOLID WASTE-TO-ENERGY FACILITY
A type of solid waste disposal facility that utilizes waste
(such as trash, sludge or any other nonhazardous commercial, residential
or industrial materials) as a fuel to produce usable energy (such
as steam or electricity) in bulk to be marketed for reuse to offset
disposal costs.
[Added 4-7-2005 by Ord. No. 524]
SOLID WASTE TRANSFER FACILITY
A type of solid waste disposal facility which receives and
temporarily stores solid waste at a location other than the generation
site, and which facilitates the bulk transfer of accumulated solid
waste to a facility for further processing or disposal, and which
may or may not involve the separation of recyclables from solid waste.
[Added 4-7-2005 by Ord. No. 524]
STABLE, NONHOUSEHOLD
Any housing of more than three horses. This may include a
commercial or private riding club. The housing of up to two horses
shall be considered an accessory use under the "keeping of pets."
[Added 4-7-2005 by Ord. No. 524]
START OF CONSTRUCTION
The first placement of permanent construction of a structure,
other than a mobile home, on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation. Permanent
construction work does not include land preservation, such as clearing,
grading and fillings; nor does it include the installation of streets
and/or walkways; nor does it include the excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not as part of the main structure. For a structure other than a
mobile home without a basement or poured footings, the start of construction
includes the first permanent framing or assembly of the structure
or any part thereof on its piling or foundation. For mobile homes
subdivision, start of construction is the date on which the construction
of facilities for serving the site on which the mobile home is to
be affixed, including, at a minimum, the construction of streets,
either final site grading or the pouring of concrete pads, and installation
of utilities, is completed.
STATE
The Commonwealth of Pennsylvania and its agencies.
[Amended 4-7-2005 by Ord. No. 524]
STEEP SLOPE
A grade of 15% or greater as determined by the soil survey
or accurate contour mapping.
STORY (and half-story)
A floor level of a building having an average vertical distance
of not less than six feet between the surface of any floor and the
ceiling next above it shall be considered a full story. Any such portion
of a building having a maximum vertical distance of less than six
feet shall be considered a half-story, except as provided in the definition
of "basement."
[Added 4-7-2005 by Ord. No. 524]
STREET LINE
A line identical with the front lot line and ultimate right-of-way
line.
STREET or ROAD
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. Streets are further defined as follows:
(1)
PRIMARY ARTERIALA major highway carrying high volumes of through traffic along which access to adjacent properties is restricted or denied. Primary arterials are further categorized as limited access highways, e.g., Pottstown Expressway, and semicontrolled access highways as defined in §
123-29B of this Part
1.
(2)
SECONDARY ARTERIALA street or highway which collects, carries and distributes medium volumes of traffic. Secondary arterials are further categorized into collectors and feeders as defined below and in §
123-29C of this Part
1:
(a)
COLLECTORServes to connect primary arterials with lesser classified streets and distribute traffic throughout the Township and adjacent areas.
(b)
FEEDERServes to connect collectors and/or higher classified streets with residential streets and distribute traffic within limited areas, sections or neighborhoods within the Township.
(3)
RESIDENTIAL STREETA street carrying low volumes of traffic used to provide access to residential properties and connect with other residential streets and streets of a higher classification.
(4)
CUL-DE-SAC STREETA street with one end open for vehicular access and the other end terminating in a vehicular turnaround.
(5)
MARGINAL ACCESS STREETA street parallel and adjacent to an arterial street which provides access to abutting properties as further defined in §
123-29F of this Part
1.
(6)
PERFORMANCE STREETSAny of the four types of residential streets which form a hierarchy of residential streets that is based upon anticipated traffic volumes. Performance streets can only be used for larger residential developments when they are approved by Board of Supervisors in conformance with §
123-29G of this Part
1. The four types of performance streets in this hierarchy are residential access streets, residential subcollector streets, residential collector streets and marginal access streets as defined in §
123-29G of this Part
1.
STRUCTURE
Any man-made object, constructed or erected, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land, ground improvements excepted.
SUBDIVISION
Division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in the existing lot lines, for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new roads or easements of access or residential
dwellings, shall be exempt.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Township Engineer at least
90% of those improvements required as a condition for final approval
have been completed in accordance with the approved plan, so that
the project will be able to be used, occupied or operated for its
intended use.
SUPERMARKET
A large, self-service retail store use as a market where
food is the primary item which is sold.
[Added 4-7-2005 by Ord. No. 524]
SUPERVISORS
The duly elected governing body of Lower Providence Township,
also known as the "Board of Supervisors."
SWALE
A low-lying stretch of land which gathers or carries surface
water runoff.
SWIMMING POOL, PRIVATE
A man-made area with walls of man-made materials intended
to enclose water at least 24 inches deep for bathing or swimming and
that is intended to serve the residents of only one dwelling unit
and their occasional guests.
[Added 4-7-2005 by Ord. No. 524]
SWIMMING POOL, PUBLIC
A man-made area with walls of man-made materials constructed
or intended to enclose water at least 24 inches deep for bathing or
swimming and that is intended to serve the general public.
[Added 4-7-2005 by Ord. No. 524]
SWIMMING POOL, SEMIPUBLIC
A man-made area with walls of man-made materials intended
to enclose water at least 24 inches deep for bathing or swimming and
that does not meet the definition of a private or a public swimming
pool. This includes a pool that serves only residents of a development
or members of a club, and their occasional guests.
[Added 4-7-2005 by Ord. No. 524]
TARGET RANGE
An area used for firearm and/or archery shooting practice
or competitions.
[Added 4-7-2005 by Ord. No. 524]
TAVERN
A place where alcoholic beverages are served as at least
50% of the total income. The sale of food may also occur. See also
the definition of restaurants."
[Added 4-7-2005 by Ord. No. 524]
THEATER
A building or part of a building devoted to the showing of
moving pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
[Added 4-7-2005 by Ord. No. 524]
TIRE STORAGE, BULK
The storage of more than five tires on a lot, except for
manufacture or wholesale or retail sales of new tires. All retail
or wholesale bulk tire storage sales must be completely conducted
indoors to be considered not bulk tire storage.
[Added 4-7-2005 by Ord. No. 524]
TOPSOIL
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A-Horizon."
TOT LOT
A confined, developed, neighborhood play area primarily for
use by preschool children.
TOWNSHIP
The Township of Lower Providence.
[Added 4-7-2005 by Ord. No. 524]
TRACT
A parcel of land capable of being subdivided into two or
more lots. Following subdivision, the term may still be applied to
residential developments, shopping centers or office or industrial
parks which contain a number of smaller lots, but which share common
property management and/or private services.
[Added 8-10-1992 by Ord. No. 384]
TRACT BOUNDARY LINE
Any property line of a tract of land. The term does not apply
to the existing or proposed lot lines of individual lots within the
tract. If the tract is not proposed for subdivision into two or more
lots, the tract boundary line is identical to and functions as a lot
line.
[Added 8-10-1992 by Ord. No. 384]
TRADESPERSON
A person involved with building trades, such as but not limited
to: plumbing, electrical work, building construction, building remodeling,
woodworking and roofing.
[Added 4-7-2005 by Ord. No. 524]
TRADE/HOBBY SCHOOL or TRADE SCHOOL
A facility that: a) is primarily intended for education of
a work-related skill or craft or a hobby; and b) does not primarily
provide state-required education to persons under age 16. Examples
include a dancing school, martial arts school, cosmetology school
or ceramics school.
[Added 4-7-2005 by Ord. No. 524]
TRUCK STOP
A commercial use that primarily involves providing fuel and
other services to tractor-trailer trucks. This use may also involve
providing repair services, sale of gifts and various household items,
a restaurant, showers and a motel.
[Added 4-7-2005 by Ord. No. 524]
TRUCK TERMINAL
A use involving either a single or a large variety of materials,
including materials owned by numerous corporations, being transported
to a site to be unloaded primarily from and reloaded onto tractor-trailer
trucks. This definition shall include large warehouse uses with over
50 truck docks.
[Added 4-7-2005 by Ord. No. 524]
(1)
A use that primarily involves loading materials
from tractor-trailers onto smaller trucks or smaller trucks onto tractor-trailers
shall be considered a distribution use.
(2)
A truck terminal may include the following as
clearly accessory uses if they are closely related to the principal
use: repair, washing, refueling and maintenance facilities for trucks
using the terminal, administrative uses for the terminal and rest
facilities for drivers of trucks using the terminal.
(3)
Storage or parking of two or more empty trailers
on a single lot that are not associated with any type of specific
warehouse or distribution structure on that lot shall also be defined
as operating a trucking terminal.
ULTIMATE RIGHT-OF-WAY LINE
The line parallel to the center line of any public or existing
private road which defines the boundary of the ultimate right-of-way.
UNREGISTERED VEHICLE
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker. This term shall not apply to vehicles
(such as licensed antique cars) for which state regulations do not
require an inspection sticker. The term also shall not include motor
vehicles displaying a license and inspection stickers that have each
expired less than 90 days previously.
[Added 4-7-2005 by Ord. No. 524]
USE
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the
following: recreational vehicle storage or parking of commercial vehicles
on a lot. As used in this Ordinance, "use" includes "building" or
"structure."
[Added 4-7-2005 by Ord. No. 524]
VEHICULAR USE AREA
Any paved ground surface, except a road, used by any type
of vehicle, whether moving or at rest.
VETERINARIAN OFFICE
A building routinely used for the treatment of animals and
related accessory housing or boarding of sick animals. Treatment of
"large animals" includes all types of animals including horses, cows
and pigs. Housing of primarily healthy animals shall be considered
a "kennel" and shall meet the requirements of that use. See "animal
hospital."
[Added 4-7-2005 by Ord. No. 524]
VIBRATION
Vibration is an oscillatory motion of solid bodies described
by displacement, velocity or acceleration with reference to a given
point reference point.
[Added 4-7-2005 by Ord. No. 524]
VISUAL SCREEN
A barrier whose purpose is to obscure a view; generally comprised
of plant materials suitable for the purpose.
WALL
See "fence."
[Added 4-7-2005 by Ord. No. 524]
WAREHOUSE
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials involving
either a single or a large variety of materials, including materials
owned by numerous corporations, being transported to a site to be
unloaded primarily from and reloaded onto tractor-trailer trucks.
Office space (flex space) associated with each warehouse building
or a retail use space of less than 5% of the total warehouse space
may be included within each warehouse. All warehouse uses containing
over 50 truck docks shall be regulated as a truck terminal.
[Added 4-7-2005 by Ord. No. 524]
WATERCOURSE
Any natural or artificial swale, stream, channel, drain or
culvert in which waters flow continuously or intermittently.
WETLANDS
An area of land and/or water meeting one or more definitions
of a wetland under federal and/or Pennsylvania law and/or regulations.
[Added 4-7-2005 by Ord. No. 524]
|
NOTE:
|
The following was the official federal definition
of wetlands: "Those areas that are inundated or saturated by surface
or ground water 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. Wetlands
generally include swamps, marshes, bogs and similar areas." Wetlands
are technically defined on the basis of types of vegetation and soils
and the level of the water table below the surface. The regulations
are enforced by the U. S. Army Corps of Engineers, the U. S. Fish
and Wildlife Service and the Pennsylvania Department of Environmental
Protection.
|
WHOLESALE
Sales that primarily involve transactions with other businesses
and their agents and not to the general public.
[Added 4-7-2005 by Ord. No. 524]
WILDLIFE SANCTUARY
A noncommercial preservation of land for providing wildlife
habitats, forests or scenic natural features that involves no buildings
other than a nature education and/or study center and customary maintenance
buildings.
[Added 4-7-2005 by Ord. No. 524]
YARD
An open, generally occupied area of a lot which must remain
free of buildings but which may contain a lawn or planted areas, parking
and/or driveways, walks, walls, fences and similar appurtenances.
ZONING MAP
The Official Zoning Map of Lower Providence Township, Pennsylvania.
[Added 4-7-2005 by Ord. No. 524]
ZONING OFFICER or DIRECTOR OF ZONING
The administrative officer charged with the duty of enforcing
the provisions of the Zoning Ordinance, or his or her officially designated
assistant(s). This position may also include the duties of a building
code official, if certified by the State of Pennsylvania under the
Pennsylvania Uniform Construction Act, Act 45 as amended.
[Added 4-7-2005 by Ord. No. 524]
ZONING ORDINANCE
The Lower Providence Township Zoning Ordinance, as amended.
[Added 4-7-2005 by Ord. No. 524]