Unless otherwise expressly stated, the following words
shall, for the purpose of this chapter, have the meanings herein indicated:
[Amended 9-21-2006 by Ord. No. 556; 4-16-2009 by Ord. No. 577; 4-7-2012 by Ord. No. 600; 10-20-2011 by Ord. No. 602; 4-7-2016 by Ord. No. 637; 7-21-2016 by Ord. No. 641; 3-15-2018 by Ord. No. 654; 1-16-2020 by Ord. No. 662]
ABUT
Areas of contiguous lots that share a common lot line, excluding
lots entirely separated by a street or a nonintermittent waterway.
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."
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.
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.
ACRE
Forty three thousand five hundred sixty square feet.
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The Pennsylvania Municipalities Planning Code, originally
enacted as Act 247 of 1968, which establishes the basic authority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.
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.
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.
ANCHORING
The fastening of the mobile home to its mobile home stand
in order to prevent upset or damage due to wind, erosion or natural
forces.
ANSI
The American National Standards Institute or its successor
bodies.
APCA
Air Pollution Control Act.
APPLICANT
Any person who has filed an application for approval of subdivision
or land development plans, including his/her heirs, successors, agents
and assigns. This term also includes the landowner, developer, builder
and/or other persons responsible for the plans and construction of
buildings and/or other improvements on any parcel of land.
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.
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.
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.
BERM
A mound or ridge of landscaped earth designed to act as a
screen or buffer.
BLAST or BLASTING
The explosion of dynamite, black powder, fuse, blasting cap,
detonators, electric squibs or other explosives.
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."
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.
BUFFER AREA
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass or other ground cover material and within which
no structure or building is permitted except a wall or fence which
meets Township requirements.
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.
BUILDING COVERAGE
The maximum horizontal area covered by buildings at or above
grade.
BUILDING INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM
A BIPV system forms part of the structure to which it is
affixed. Typically integrated into a roofing system (e.g., solar shingles),
BIPV systems can provide architectural interest and/or an unobtrusive
solar energy system installation.
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.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is situated.
CARTWAY
The portion of a street, alley or driveway intended for vehicular
use.
CENTER LINE OF STREET
A line equidistant from and parallel to the existing rights-of-way
lines on each side of the street.
CERTIFIED HISTORIC STRUCTURE
A building or structure which is either:
(1)
Listed in the National Register of Historic
Places;
(2)
Located within a registered historic district
and certified by the Secretary of the United States Department of
the Interior as being of historic significance to the district;
(3)
Listed in "A Bicentennial History of Lower Providence
Township, 1976;" or
(4)
Listed in the most recently completed and accepted
historic inventory conducted by Montgomery County.
CHAIRPERSON
Includes chairman, chairwoman, chair and acting chairperson
(when applicable).
CLEAN WOOD
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with preservatives
or chemicals, including, but not limited to, copper chromium arsenate,
creosote, or pentachlorophenol.
CLEAR-CUTTING
A logging method that removes over 50% of all trees from
a tract of land or a portion thereof.
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.
COMMISSION
The Planning Commission of the Township of Lower Providence.
COMMON FACILITIES
All the real property and improvement 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.
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 ANTENNA
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service,
or any other wireless communications signals, including, without limitation,
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such devices. This definition
shall not include private residence mounted satellite dishes or television
antennas or amateur radio equipment, including, without limitation,
ham or citizen band radio antennas.
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.
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.
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.
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.
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:
(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.
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.
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.
COUNTY
Montgomery County, Pennsylvania.
CUL-DE-SAC
A road with access at one end and terminated at the other
by a paved vehicular turnaround.
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.
dB(A)
The abbreviation for the sound level in decibels determined
by the A-weighting network of a sound level meter or by calculation
from octave band or one-third octave band data.
DECIBEL (db)
A unit of measure, on a logarithmic scale, or the ratio of
a particular sound pressure squared to a standard reference pressure
squared. For the purpose of this chapter, 20 micropascals shall be
the standard reference pressure.
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.
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.
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.
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.
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.
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.
DWELLING
A building or part of a building constructed for or intended
for occupancy as a permanent residence, containing one or more dwelling
units. Travel trailers shall not be considered buildings or dwellings.
Housing facilities for rental to transient guests or which are part
of a medical, instructional, or religious institution, such as hotels
and motels, rooming houses, tourist homes, institutional homes, group
homes, hospitals, residential clubs, dormitories, automobile courts,
tourist homes, and training centers, are not considered "dwellings."
DWELLING UNIT
That part of a dwelling design for use by one family only
and containing one or more rooms and facilities for living, including
cooking, sleeping, storage of possessions and sanitary needs. Units
designed for transient occupancy, such as hotels, motels and tourist
homes, or for sleeping and sanitary needs only, such as club, rooming
house, fraternity or institutional home, are not considered as dwelling
units for purposes of this chapter.
EARTHMOVING AND/OR GRADING
For the purposes of this chapter, "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:
(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.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
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.
ENCLOSURE
Any type of structure used to surround a patio, pool or deck
at any height.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
EPA
United States Environmental Protection Agency.
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.
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.
FACADE
A building elevation that faces a public right-of-way, private
street, or an internal access driveway that functions as a street.
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.
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.
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.
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.
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 Floodproofing 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.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls,
or from the center line of a wall separating two buildings, but not
including interior vehicular parking or loading or any space where
the floor-to-ceiling height is less than six feet.
FLOOR AREA, NET
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking and
loading and all floors below the first or ground floor, except when
used or intended to be used for human habitation or service to the
public. The area excluded as unusable may not exceed 15%.
FLOOR AREA RATIO
A ratio derived by dividing the total (gross) floor area
of all buildings on a lot by the net buildable area of the lot.
FOOTPRINT
The perimeter of a building or structure.
FRONTAGE
The length of the lot line abutting a street ultimate right-of-way.
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.
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.
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.
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 power source for the purpose
of transporting the unit.
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.
IMPERVIOUS COVERAGE
That percentage of the total lot area which is covered by
impervious surfaces, including buildings as well as all paved areas.
IMPERVIOUS SURFACES
Those surfaces which do not absorb water. All buildings,
parking areas, driveways, roads, sidewalks and any areas in concrete
and asphalt shall be considered impervious surfaces within this definition.
Porous paving materials used in parking lots, driveways or other applications
may be excluded from this definition following review and approval
by the Board of Supervisors.
IMPROVEMENT
The physical additions, installations and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities and drainage facilities.
INTERIOR LOT
(1)
A lot:
(a)
With insufficient frontage on a public street;
(b)
Located where one or more lots sit between the
public street and the portion of such lot which would meet the front
yard, the side yard and the area requirements of this chapter; and
(c)
Which cannot by reason of bona fide separate
ownership of adjacent lots be made to conform to the required width
at the street line.
(2)
The term "interior lot" as used in this chapter
is also referred to as a "rear lot."
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.
JUNK VEHICLE
A motor vehicle that meets any of the following conditions:
(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.
LAND DEVELOPMENT
(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.
(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.
LOADING SPACE
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
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
necessary buildings or other structures or uses, customarily incidental
to such principal building or other structure or use, and such open
spaces as are arranged or designed to be used in connection with such
principal building or other structure or use, such as open spaces,
and the area and dimensions of such lot being not less than the minimum
required by this chapter. The term "lot" as used in this chapter is
used for purposes of describing zoning requirements and, as such,
is not limited to being a tax lot or deeded lot. The term "lot" or
"building lot" means the same when used in describing regulations
based upon buildings.
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.
LOT LINE
(1)
Any property boundary line of a lot, further
defined as follows:
(a)
Front lot line: the line identical with the
ultimate right-of-way line. Also known as "street line."
(b)
Rear lot line: the line or lines most nearly
parallel or concentric to the front lot line.
(c)
Side lot lines: the lines most nearly perpendicular
or radial to the front lot line. On a corner lot, the side lot line
shall be the line or lines most nearly perpendicular or radial to
the higher classification of street, where applicable, as described
in the Township Comprehensive Plan. The remaining line shall be considered
the rear lot line.
(2)
A lot which fronts on more than one street shall
have a front lot line on each street frontage.
(3)
A property boundary line of any lot held in
single and separate ownership, except that, in the case of any lot
abutting a street, the lot line for such portion of the lot as abuts
the street shall be deemed to be the same as the street line and shall
not be the center line of the street or any other line within the
street line, even though such may be the property boundary line.
LOT, REVERSE FRONTAGE
The lot abuts two approximately parallel streets but only
has access onto one street, usually the less heavily traveled street.
LOT, THROUGH
A lot that abuts two approximately parallel streets.
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.
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.
MANUFACTURED HOME
A manufactured home constructed in accordance with the provisions
of Federal Manufactured Housing Construction and Safety Standards
of 1976, as amended. A manufactured home does not represent a mobile
home since it is not designed to be towed or transported and is intended
for installation on a permanent foundation.
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.
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.
MIXED USE BUILDING
A building containing multiple types of nonresidential and/or
residential uses.
MOBILE HOME
A transportable, 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 occupancy except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used with or
without a permanent foundation. A "mobile home" may include any roofed
addition, such as extra rooms, covered patios, porches, etc. The following
shall apply to all mobile home dwellings:
(1)
No more than one mobile home shall be placed on a single parcel,
and such mobile home shall be occupied by not more than a single family.
(2)
The area between the ground level and the perimeter of the mobile
home shall be enclosed by means of a suitable skirting.
(3)
Each mobile home shall be placed on a permanent foundation of
at least eight poured concrete or masonry pillars set on a concrete
base at least eight inches thick. The pillars shall be spaced no spaced
no more than 10 feet apart with the end piers being no farther than
five feet from the ends of the unit. The pillars shall be at least
one foot by two feet in size and at least 36 inches below grade. Each
pillar shall have installed a tie-down ring to which the mobile home
shall be secured.
MOBILE HOME LOT
A parcel of land in a mobile home park provided with the
necessary utility connections, patio and other appurtenances necessary
for the erection thereon of a single mobile home and the exclusive
use of its occupants.
MOBILE HOME PARK
A parcel of land under single ownership which is planned
and constructed for the placement of more than one mobile home in
compliance with the applicable requirements set forth elsewhere in
this chapter concerning such a development.
MOBILE HOME SEWER CONNECTION
All pipes, fittings and appurtenances from the drain outlet
of the mobile home to the inlet of corresponding sewer riser pipe.
MOBILE HOME SEWER RISER PIPE
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home space.
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 which is wholly or in substantial part made, fabricated,
formed, or assembled in manufacturing facilities for erection, installation,
and/or assembly 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 completed unit shall
be erected/placed upon a permanent foundation and shall meet the applicable
Township Building Codes. A "modular home" is different from a mobile
home, in that it is not designed to be towed or transported and is
intended for installation on a permanent foundation.
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.
MOTOR HOME
A travel trailer which combines the living section and the
power source into a single unit.
NEW CONSTRUCTION
Structures for which the start of construction as herein
defined commenced on or after the effective date of Part 1. This term
does not apply to any work on a structure existing before the effective
date of Part 1.
NOISE
The intensity, frequency, duration and character of sound,
including sound and vibration of sub-audible frequencies.
NOISE POLLUTION
The presence of noise of sufficient loudness and character,
from a single source or from multiple sources, which is, or may be
predicted with reasonable certainty to be, injurious to health, safety
and comfort or which unreasonably interferes with the peaceful enjoyment
of property or with any lawful business or activity. Noise/sound pressure
levels exceeding those permitted in residential districts constitute
noise pollution.
NONCONFORMING
A building or other structure, use or lot which, by reason
of design, size or use, does not conform to the requirements of the
district or districts in which it is located.
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 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 chapter, 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.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment.
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 Part 1 and shall be as much a part of 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
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 Township or
it may contain areas of farmland which are not accessible to the public.
(1)
In the R-3 District, that portion of gross site
area not required or assigned as area for:
(b)
Building coverage, excluding structures necessary
to the open space purpose, such as but not limited to recreational
buildings and shelters, swimming pools, etc.
(c)
Site service facilities and systems, such as
streets, parking areas, service buildings and the like, where recreation
activities are prohibited, but excluding those facilities necessary
to the open space purposes.
(d)
Outdoor living adjacent to building and dwelling
units, including but not limited to yards.
(2)
Further, "open space" is defined as the area
to be utilized for the practice of natural preservation or passive
and/or active recreation or a combination of these uses.
(3)
Additionally, open space may be classified by
the limitations to site resident uses because the open space is used
for:
(a)
Reservation open space where, by physical features,
plan design or regulations, the use of the open space is limited for
reasons of health, safety, land and water preservation, sign amenity
or site utility, or accessibility.
(b)
Private open space where, by design or regulation,
the open space is limited by assignment, membership or service fee
(golf course, boating, tennis courts, etc.).
(c)
Common open space where open space is not limited
to site resident use except by the limitations placed on use by the
nature of the activity to be performed within the space. By way of
illustration, a tennis court is part of open space as long as it is
not private open space, even though some residents cannot or may not
want to use the facility.
OUTDOOR LIVING SPACE
The area or portion of an area adjacent to a building or
dwelling unit as set by yard, setback or other area requirements and
which is assigned for private or common use of the dwelling residents
of the building.
PARKING SPACE
A reasonably level space, available for the parking of one
motor vehicle, exclusive of passageways, driveways or other means
of circulation or access.
PARKING SPACE, ALL-WEATHER
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
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.
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.
PERSON
Any individual, group of individuals, lessee, lessor, guest,
licensee, firm, partnership, voluntary association or corporation
responsible for the use of property.
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 plan: a 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 plan: a plan prepared by a registered engineer, showing the construction details described in §
123-20B, 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) 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 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. 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.
(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.
PORTABLE SWIMMING POOL
A swimming pool of less than 24 inches in height. Portable
swimming pools are not regulated by this chapter. Other swimming pools
are subject to the regulations of this chapter and the Township Building
Code.
PRIMARILY
The types of uses, structures, or buildings which are specifically
permitted and allowed on a property.
PRINCIPAL USE
The dominant use(s) or single main use on a lot, as opposed
to an accessory use.
PUBLIC FLOOR AREA
That portion of a building designed for use by customers,
clients, guests, members or the general public expressed in square
feet and measured from center lines of partitions and outside wall
faces, not including stairwells, rest rooms and corridors, but including
lobbies, waiting rooms, cafeterias or snack bars and similar enclosed
public spaces.
PUBLIC UTILITY TRANSMISSION TOWER
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines; excluding
thereout and therefrom, street poles and service poles designed and
installed to provide local distribution systems with drop lines or
other service connection to structures in the Township.
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.
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.
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.
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."
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.
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.
SCREENING
A year-round vegetative material of substantial height and
density designed to buffer some use from adjacent properties or uses.
SETBACK
See "yard" and "building line."
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.
SITE
A land area having metes and bounds description and distinguished
by the fact that development of the area is existing or intended to
exist, and the land development of the area is existing or intended
to exist, and the land development has or shall be undertaken comprehensively
as a whole. A site contains one or more buildings and/or building
lots, a circulation system and supporting facilities.
SITE AREA
The area of a site is termed:
(1)
"Gross site area" when describing the total
land and water surface area contained in a site.
(2)
"Net site area" when describing the part of
the site surface area upon which structures, circulation system and
supporting facilities are existing or intended to exist as a part
of the development. Net site area shall be calculated by deducting
from the gross site area all area necessary to meet:
(a)
The buffer requirements of this chapter.
(b)
The floodplain requirements, common open space
requirements or otherwise unbuildable land uses as set out in this
chapter or other prevailing ordinance or law.
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.
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 (direct, diffuse and reflected) received from
the sun.
SOLAR ENERGY SYSTEM
An energy system which converts solar energy to usable energy
to meet all or any part of a structure's energy requirements.
SOLAR HOT WATER SYSTEM
Uses solar energy to heat water. The most common types of
solar water heaters are evacuated tube collectors and glazed flat
plate collectors generally used for domestic hot water; and unglazed
plastic collectors used mainly to heat swimming pools.
SOLAR PANELS
A device, material, or structure which is designed and used
to convert solar energy into usable electrical energy by the way of
a solar energy system.
SOLID WASTE
(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 chapter, 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.
SOUND LEVEL
In decibels, the weighted sound-pressure level measured by
the use of a sound-level meter satisfying the requirements of ANSI
SI.4, 1971, Specifications for Sound-Level Meters. "Sound level" and
"noise level" are synonymous.
SOUND-LEVEL METER
An instrument meeting ANSI SI.4, Specifications for Sound-Level
Meters, comprising a microphone, an amplifier, an output and frequency
weighting network or networks that is used for the measurement of
sound-pressure levels in a specified manner.
SOUND PRESSURE
Minute fluctuations in atmospheric pressure which accompany
the passage of a sound wave.
SOUND-PRESSURE LEVEL
In decibels, 20 times the logarithm to the base 10 of the
ratio of a sound pressure to the reference sound pressure of 20 micropascals
(20 micronewtons per square meter). In the absence of any modification,
the level is to be that of a root-mean-square pressure.
SOURCE
Any person or property, real or personal, contributing to
noise pollution.
STACK
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor wood-fired boiler, especially
that part of a structure extending above a roof.
STAFF DEVELOPMENT REVIEW COMMITTEE
The Committee composed of Township administrative staff,
including the Township Manager, Code Enforcement Officer, Township
Engineer, Director of Parks and Recreation, Director of Public Works,
Chief of Police and Director of Planning and Economic Development,
which shall review subdivision plans and which shall make recommendations
to the Board of Supervisors concurrently with other boards and commissions
for the plan's conformance to standards as determined by the Township,
their planning documents and studies and by other regulatory agencies
for the health, welfare and safety of the public.
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 filling; 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.
STEALTH DESIGN
Design criteria for communications antennas and related facilities
to enhance compatibility with adjacent land uses, including but not
limited to architecturally screened and/or landscaped communications
antenna and the related facilities and communications towers which
are designed to look other than like communications towers, such as
a light pole, a component of a building or a tree.
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."
STREET
(1)
A public or privately owned right-of-way serving
as a means of vehicular and pedestrian travel and furnishing access
to abutting properties.
(2)
Streets in R-3, R-4 and R-5 Districts will be
classified as "through roads" and "site internal service roads" and
shall be governed as follows:
(a)
"Through roads" shall be those which are used
as connecting and through roads to serve residential streets to collector
roads and community facilities.
(b)
"Site internal service roads" shall be those
which are used strictly to service residential areas and do not serve
as through roads in a development.
STREET LINE
A line identical with the front lot line and ultimate right-of-way
line.
STREET RIGHTS-OF-WAY
Rights-of-way for street purposes are defined as follows:
(1)
Legal right-of-way: the street right-of-way
legally in the public domain at the time a plan is submitted.
(2)
Ultimate right-of-way: the street right-of-way
projected as necessary for adequate handling of anticipated maximum
traffic volumes. The ultimate right-of-way is the legal right-of-way
where it has been offered for dedication and accepted by the Township.
Front yard setbacks are measured from the ultimate right-of-way
(3)
Equivalent right-of-way: a street right-of-way
required to be reserved where private streets are permitted. The width
shall be determined by the street's function, in accordance with the
street classifications contained in the Township's Subdivision and
Land Development Ordinance.
STRUCTURE
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, tying, anchoring or
other protection against the forces of the elements.
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.
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.
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."
TOWNSHIP
The Township of Lower Providence.
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.
TRACT AREA
The total acreage within the lot lines, excluding that area
continuously covered by water and rights-of-way of existing public
roads.
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.
TRAVEL TRAILER
A recreational vehicle requiring a separate power source
for pulling it, which may include living, sleeping, eating and sanitary
facilities, but which is designed for vacation travel and not for
long-term or permanent occupancy.
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.
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 chapter, "use" includes "building" or "structure."
VIBRATION
Vibration is an oscillatory motion of solid bodies described
by displacement, velocity or acceleration with reference to a given
point reference point.
VISUAL SCREEN
A barrier whose purpose is to obscure a view; generally comprised
of plant materials suitable for the purpose.
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.
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(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.)
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YARD
An open, unoccupied space on the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky.
YARD, FRONT
A yard extending the full width of the lot along the front
lot line and extending in depth from the front lot line to the nearest
point of any structure on the lot.
YARD, REAR
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point of any structure on the lot.
YARD, SIDE
A yard extending the full depth of the lot along a side lot
line and extending in width from such side lot line to the nearest
point of any structure on the lot.
ZONING DISTRICT
The land use category defined according to the Zoning Ordinance
of Lower Providence Township.
ZONING MAP
The Official Zoning Map of Lower Providence Township, Pennsylvania.
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.
ZONING ORDINANCE
The Lower Mount Providence Township Zoning Ordinance, as
amended.