An ordinance regulating the location, height,
bulk, erection, construction, alteration, razing, and size of structures;
the percentages of a lot which may be occupied; the size of yards,
courts, and other open spaces; the density and distribution of population;
the intensity of use of land or bodies of water for trade, industry,
residence, recreation, public activities, or other purpose, and the
use of land for agriculture, water supply, conservation, soil conservation,
forestry, or other purpose; and providing for the administration,
enforcement, and amendment of this chapter in accordance with the
provisions of the Pennsylvania Municipalities Planning Code, as amended
from time to time, and in accordance with the Lower Saucon Township
Comprehensive Plan, incorporated herein by reference.
This chapter shall be known as and may be cited
as the "Lower Saucon Township Zoning Ordinance."
It is the intent, purpose and scope of this
chapter to protect and promote the safety, health, morals and welfare
of the residents of Lower Saucon Township by:
A.Â
Encouraging appropriate land uses.
B.Â
Controlling the density of development to prevent
overcrowding of the land.
C.Â
Providing reasonable guidelines for development within
and adjacent to environmentally sensitive areas.
[Amended 4-6-2005 by Ord. No. 2005-01]
D.Â
Providing reasonable requirements for infrastructure
improvements to support development.
E.Â
Preserving the value of real property.
F.Â
Protecting the quality of environmentally sensitive
areas, both within and adjacent to developments.
[Amended 4-6-2005 by Ord. No. 2005-01]
G.Â
Controlling development to reduce the probability
of fire, panic, flood and other dangers.
H.Â
Facilitating implementations of the policies, proposals
and objectives of the Comprehensive Plan for Lower Saucon Township
of 1987 as updated in the year 2000[1] and approved by Resolution No. 19-2000 and the Natural
Resources Chapter of the Comprehensive Plan approved by Resolution
No. 19A-2000.
[1]
Editor's Note: Said plan is on file in the
Township offices.
A.Â
General statement. The Lower Saucon Township Council
may from time to time amend or change this chapter after public notice
and hearing.
B.Â
Amendment procedure. Proposals for amendment or change
may be initiated by the Lower Saucon Township Council on its own motion,
by the Planning Commission or by petition of one or more owners of
property to be affected by the proposed amendment, subject to the
provisions of the Pennsylvania Municipalities Planning Code, Act 247
(53 P.S. § 10101 et seq.), or as said Act may be amended
by state statute in the future.
A.Â
Word usage.
(1)Â
The present tense includes the future tense, the singular
includes the plural, and the plural includes the singular.
(2)Â
The word "person" includes a firm, company, corporation,
partnership, trust, organization or association, as well as an individual.
(3)Â
The word "lot" includes the words "plot" or "parcel."
(4)Â
The word "shall" is always mandatory; the word "may"
is permissive.
(5)Â
The word "structure" includes the word "building."
(6)Â
The words "used" and "occupied" include the words
"intended, arranged or designed to be used or occupied."
(7)Â
The word "municipality" means Lower Saucon Township.
(8)Â
The words "municipality's governing body" mean the
Lower Saucon Township Council.
(9)Â
The term "Planning Commission" means the Municipality
Planning Commission.
(10)Â
Any words or terms not defined herein are used with
a meaning of standard dictionary use.
B.Â
ACCESSORY STRUCTURE OR USE
ADDITION
ADULT ARCADE
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
(1)Â
(2)Â
ADULT CABARET
(1)Â
(2)Â
(3)Â
ADULT MOTION-PICTURE THEATER
ADULT-ORIENTED ESTABLISHMENT
ADULT THEATER
AGRICULTURE
(1)Â
(2)Â
ALIEN SPECIES
ALTERATION OF BUILDING
ALTERNATIVE TOWER STRUCTURES
ANIMAL HUSBANDRY
ANIMAL UNIT
ANSI
ANTENNA
APARTMENT UNIT
(1)Â
(2)Â
AUTHORITY
BASAL AREA
BASEMENT
BASE SITE AREA
BASE STATION
BED-AND-BREAKFAST HOME
BOARD
BUFFER YARD
BUILDING
BUILDING AREA
BUILDING COVERAGE
BUILDING SETBACK LINES
(1)Â
(2)Â
(3)Â
BUSINESS OFFICE
CANOPY
CARBONATE
CAR WASH
CAVERN
CELLULAR TELEPHONE
CENTER LINE OF STREET OR ROAD
CERTIFICATE OF OCCUPANCY
CERTIFIED PLAN
CLEAR CUTTING
CLOSED DEPRESSION
CLUB, LODGE or SOCIAL BUILDING
CLUSTER DEVELOPMENT
COLLOCATION
COMMERCIAL COMMUNICATIONS FACILITY (CCF)
COMMERCIAL MOTOR VEHICLE
COMMERCIAL OUTDOOR RECREATION
COMMUNITY CENTER
COMPREHENSIVE PLAN
CONDITIONAL USE
CONVENIENCE SHOPPING CENTER
CONVERSION
CORNER LOT
COVERAGE
CRAFT SHOP
CULTURAL CENTER
CURATIVE AMENDMENT
DAS or DISTRIBUTED ANTENNAE SYSTEM
DAY-CARE CENTER
(1)Â
(2)Â
DENSITY
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
DEVELOPER
DIP
DISAPPEARING STREAMS
DORMITORY
DRIVE-IN FACILITY
DRIVE-IN RESTAURANT
DRUG REHABILITATION/MENTAL HEALTH FACILITY
DWELLING, GARDEN APARTMENT
DWELLING, SINGLE-FAMILY ATTACHED (commonly known as a "townhouse")
DWELLING, SINGLE-FAMILY DETACHED
DWELLING, SINGLE-FAMILY SEMIDETACHED (commonly known as a "duplex"
or "twin")
DWELLING UNIT
EASEMENT
ECOSYSTEM
EDUCATIONAL INSTITUTION
EDUCATIONAL INSTITUTION, ACCREDITED
ELIGIBLE FACILITIES REQUEST
EMERGENCY
EMPLOYEE
ENGINEER
ENVIRONMENTAL HAZARD SURVEY FORM
ENVIRONMENTALLY SENSITIVE WOODLAND
EPA
EQUIVALENT DWELLING UNIT (EDU)
ESCORT
ESCORT AGENCY
ESSENTIAL UTILITIES
ESTABLISHMENT
(1)Â
(2)Â
(3)Â
(4)Â
EXTENDED-CARE FACILITY
FAMILY
FAMILY DAY-CARE CENTER
FAULT
FCC
FENCE
FLOOD-FRINGE
FLOOD (ONE-HUNDRED-YEAR FLOOD)
FLOODPLAIN AREA
(1)Â
(2)Â
(3)Â
(4)Â
FLOODPLAIN SOILS
FLOODPROOFING
FLOODWAY
FLOOR
FLOOR AREA
FORESTER
FORESTRY
FRACTURE TRACES
GARAGE, PRIVATE
GASOLINE SERVICE STATION
GEOLOGIST
GHOST LAKES
GOLF COURSE
GOVERNMENTAL USES
GREENHOUSE
GROSS SITE AREA
GROUP HOME
HAZARDOUS AND TOXIC SUBSTANCES
HAZARDOUS MATERIAL
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
HAZARDOUS SUBSTANCE SURVEY FORM
HEDGE
HEIGHT OF BUILDINGS OR STRUCTURE
HEIGHT OF TOWER
HOME PROFESSIONAL OFFICE/OCCUPATION
HOSPICE
HOSPITAL or MEDICAL CENTER
HOTEL
IMPERVIOUS COVER
IMPERVIOUS SURFACE
IMPERVIOUS SURFACE RATIO
INDUSTRIAL USE
INVASIVE SPECIES
KARST
KENNEL
LAKE AND POND BUFFERS
LAKES and PONDS
LAND DEVELOPMENT
(1)Â
(a)Â
[1]Â
[2]Â
(b)Â
(c)Â
(d)Â
(e)Â
(2)Â
(a)Â
(b)Â
LANDFILL (including waste disposal facilities)
LARGE VOLUME SPRAY IRRIGATION SEWAGE DISPOSAL SYSTEM
LARGE VOLUME SUBSURFACE SEWAGE DISPOSAL SYSTEM
LINEAMENTS
LOADING SPACE
LOT
LOT AREA
LOT DEPTH
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
MANUFACTURED HOME
MEDICAL OFFICE
MINERAL EXTRACTION
MINERALS
MINIMUM LOT AREA
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MODIFICATION
MONOPOLE
MOTEL
MOTOR VEHICLE REPAIR SHOP
NET BUILDABLE SITE AREA
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONTOWER COMMERCIAL COMMUNICATIONS FACILITY (NONTOWER CCF)
NUDE MODEL STUDIO
(1)Â
(2)Â
(3)Â
NUDITY or A STATE OF NUDITY
NURSERY
NURSERY SCHOOL
NUTRIENT MANAGEMENT PLAN
OCCUPANCY PERMIT
OFFICIAL MAP
OPEN SPACE, COMMON
OVERLAY ZONE
PARKING SPACE
PERSON
PERSONAL SERVICE
PESTICIDE MANAGEMENT PLAN
PETS
PINNACLES
(1)Â
(2)Â
(3)Â
POLLUTION INCIDENT PREVENTION (PIP) PLAN
PREPAREDNESS, PREVENTION AND CONTINGENCY (PPC) PLAN
PRINCIPAL BUILDING STRUCTURE OR USE
PRIVATE CLUB and LODGE
PROFESSIONAL OFFICE
PROTECTED PUBLIC WATER SUPPLY WELL
PUBLIC FACILITIES
PUBLIC NOTICE
PUBLIC SEWAGE SYSTEM
PUBLIC UTILITY
PUBLIC UTILITY TRANSMISSION TOWER
PUBLIC WATER SUPPLY
RECREATIONAL VEHICLE
RECREATION FACILITY
REPLACEMENT
RESIDENTIAL HOSPICE FACILITY
RESOURCE PROTECTION LAND
RESTAURANT, SIT-DOWN
RETAIL STORE
RETENTION POND
RIDING STABLE
RIGHT-OF-WAY
RIGHT-OF-WAY, EXISTING
RIGHT-OF-WAY LINE
RIGHT-OF-WAY, REQUIRED
RIPARIAN AREA
RIPARIAN AREA PROTECTION AND/OR MANAGEMENT ACTIVITIES
RIPARIAN BUFFER
ROCK OUTCROPS
ROOMING HOUSE
SALVAGE YARD
SARA TITLE III OFF-SITE PLAN
SARA TITLE III TIER I & TIER II REPORTS
SATELLITE DISH
SCREENING
SEMINUDE or IN A SEMINUDE CONDITION
SEWAGE
SEWAGE DISPOSAL SYSTEM
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE SLUDGE
SEXUAL ENCOUNTER CENTER
SINKHOLES
SITE PLAN
SOIL MOTTLING
SOIL SCIENTIST
SPECIAL EXCEPTION
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN
SPILL PREVENTION RESPONSE (SPR) PLAN
STEEP SLOPES
STORAGE OF HAZARDOUS MATERIAL
STORAGE TANK, ABOVEGROUND
STORAGE TANK, UNDERGROUND
STORAGE YARDS AND BUILDINGS
STREET
STRUCTURE
SUBDIVISION
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGED
(1)Â
(a)Â
(b)Â
(2)Â
(a)Â
(b)Â
(c)Â
(d)Â
(3)Â
(a)Â
(b)Â
(c)Â
(d)Â
(4)Â
(5)Â
(6)Â
(7)Â
SUBSTANTIAL ENLARGEMENT
SURFACE MINING
SWIMMING POOL, NONCOMMERCIAL
TAVERN
TEMPORARY STAND
THROUGH LOT
TOWER
TOWER-BASED COMMERCIAL COMMUNICATIONS FACILITY (TOWER-BASED
CCF)
TOWNSHIP
TRANSMISSION EQUIPMENT
UNDERGROUND INJECTION WELL
USE
VARIANCE
VEGETATION
VERNAL POOL
VETERINARIAN/ANIMAL HOSPITAL
VOCATIONAL OR TRADE SCHOOL
WALL, FREESTANDING
WALL, RETAINING
WASTE
WATERCOURSE
WATERSHED
WATERS OF THE COMMONWEALTH
WATERS OF THE UNITED STATES
WATER TABLE
WETLAND
WETLAND BUFFER
WHOLESALE TRADE
WINDMILL
WIRELESS
WIRELESS COMMERCIAL COMMUNICATIONS SERVICES
WIRELESS SUPPORT STRUCTURE
WOODLAND
WOODLAND CANOPY
WOODLAND FLOOR
WOODLAND UNDERSTORY
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING MAP
ZONING OFFICER
Unless the context clearly indicates a contrary meaning,
the following words, terms and rules of construction shall be used
in interpreting this chapter:
A structure or use on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
An extension or increase in floor area or height of a building
or structure.
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or
electronically, electrically, or mechanically controlled still- or
motion-picture machines, projectors, video or laser disc players,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one of its principal
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, videocassettes or
video reproductions, slides, or other visual representations which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which
are designed for use in connection with specified sexual activities.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity;
or
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
An establishment with a substantial or significant portion
of its business distinguished or characterized by its emphasis on
matter depicting, describing or relating to nude persons, human body
reproductive organs and features or sexual activities, or an establishment
with a designated segment or section devoted to the sale or display
of such material or entertainment. These uses include adult arcades,
adult bookstores, adult novelty stores, adult video stores, adult
cabarets, adult motion-picture theaters, adult theaters, escort agencies,
nude model studios and sexual encounter centers.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminudity, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.[1]
GENERAL AGRICULTUREThe tilling of the soil and the raising, keeping and sale of truck crops, field crops and/or tree fruits, but not including forestry and/or animal husbandry, provided the number of animal units is a maximum of 0.5 units per acre on parcels equal to or less than five contiguous acres or the number of animal units is a maximum of 2.0 units per acre on parcels greater than five contiguous acres. General agriculture also includes the construction and use of greenhouses for commercial purposes, provided that total area of all green houses shall be less than or equal to 10,000 square feet.
INTENSIVE AGRICULTUREAn activity shall be considered "intensive agriculture" when the number of animal units per acre, or the total area of all greenhouses erected as defined for general agriculture, are exceeded.
A plant species which is not indigenous to the area and which
has usually arrived due to human intervention, whether deliberate
or accidental.
[Added 4-6-2005 by Ord. No. 2005-01]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress; an alteration,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
Structures that camouflage or conceal the presence of commercial
communications towers and antennas, including but not limited to man-made
trees, clock towers, bell steeples and light poles.
The raising and keeping of livestock, poultry and other animals
as a business enterprise. The maintaining of fewer than four household
pets is not subject in this provision.
One animal unit is equal to 1,000 pounds of animal(s).[2]
The American National Standards Institute, a nonprofit, privately
funded membership organization that coordinates the development of
United States voluntary national standards and is the United States
representative to non-treaty international-standards-setting entities,
including the International Organization for Standardization (ISO)
and the International Electrotechnical Commission.
Any device used for the transmission and/or reception of
commercial 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.[3]
[Amended 11-16-2016 by Ord. No. 2016-06]
[Added 11-5-2003 by Ord. No. 2003-11]
GENERAL APARTMENTOne or more rooms with private bath and kitchen facilities consisting of an independent self-contained dwelling unit in a building containing two or more dwelling units.
ACCESSORY RELATIVE APARTMENTAn additional dwelling unit added onto, or created within, a single-family detached dwelling for occupancy by a person or persons related by blood, marriage or adoption to the occupants of the principal dwelling.
The Lower Saucon Authority, a body politic and corporate
created pursuant to the Act of May 2, 1945, P.L. 382, known as the
"Municipality Authorities Act of 1945" (53 P.S. § 301 et
seq.).
The cross-sectional area of a tree stem in square feet inclusive
of bark. It is measured at breast height (4.5 feet) above ground.
For a forest stand, the basal area is the sum of the basal areas of
individual trees. It is usually expressed as basal area per acre.
That portion of a building which is partly below and partly
above grade and having at least 1/2 its height below grade.
The remainder of the gross site area after subtracting the
area of land within existing rights-of-way, required rights-of-way
of existing streets and land within easements and covenants.
[Added 4-6-2005 by Ord. No. 2005-01]
A structure, other than a tower, that currently supports
or houses an antenna, transceiver, or other associated equipment that
constitutes part of a base station at the time the application is
filed, even if the structure was not built for the sole or primary
purpose of providing such support. It does not include structures
that do not, at the time of application, support or house base station
components.
[Added 11-16-2016 by Ord.
No. 2016-06]
A private, single-family detached dwelling unit which provides
overnight sleeping accommodations and bathroom access for not more
than 10 temporary guests at one time and provides breakfast (but not
other meals or cooking or kitchen facilities or access) to guests
for a per-night charge, provided that individual guests do not stay
longer than 14 days.[4]
[Amended 7-16-2003 by Ord. No. 2003-09]
The Zoning Hearing Board of Lower Saucon Township.
An area consisting of a yard of a specified width and a visual
screen consisting of vegetation, earthen berms or fences; obstructions,
such as fences, used to visibly separate one use from another or to
shield or block noise, lights or other nuisances.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The area included within surrounding exterior walls (or exterior
walls and fire walls), exclusive of vent shafts and courts. Areas
of the buildings not provided with surrounding walls shall be included
in the building area if included within the projection of the roof
or floor above.
The percentage of the lot area covered by the building area.
FRONT YARD BUILDING SETBACK LINEThe line parallel to the public or private street required right-of-way line at a distance from the street right-of-way line equal to the minimum depth of the front yard designated for each district in this chapter. All yards adjacent to a public or private street right-of-way shall be considered front yards.
SIDE YARD BUILDING SETBACK LINEThe line normally parallel to the side yard lot line and at a distance from the side yard designation for each district in this chapter.
REAR YARD BUILDING SETBACK LINEThe line normally parallel to the rear lot line and at a distance from the rear lot line equal to the minimum depth at the rear yard designation for each district in this chapter.
A business establishment which does not offer, on the premises,
a product or merchandise for sales to the public but offers a service
to the public. However, personal services, such as barber and beauty
shops, and repair services are not to be included within the definition
of "business office."
The upper level of a forest, consisting of branches and leaves
of taller trees. A canopy is complete (or has one-hundred-percent
cover) when the ground is hidden from above.
A sedimentary rock formed by the organic or inorganic precipitation
of mineral compounds characterized by the fundamental chemical ion
carbon trioxide, e.g., limestone and dolomite.
A building or portion thereof for the principal use of cleaning
automobiles, employing either mechanical devices or a manual assembly
line.
A subterranean cavity or cave produced by dissolution of
limestone or dolomite.
A system providing portable telephone service to specific
subscribers. A cellular telephone may also be referred to as a "wireless
telephone."
An established line typically in the center, equidistant
from the edge of paved roadway or street and equidistant from the
original, adjacent property lines as they existed before any widening
of said roadway or street. The exact location of said center line
shall be established by a registered surveyor or engineer and approved
by the Zoning Officer.
A certificate issued by the Township Zoning Officer permitting
the occupancy or use of a building, certifying that it has been constructed
or will be used in compliance with all the applicable municipal codes
and ordinances.
A plan prepared and sealed by a licensed engineer, licensed
surveyor or licensed architect.[5]
A forestry method that removes 80% or more of the major trees
from a lot or portion of any woodlands located on a lot.
Remnants of sinkholes that have partially filled with soil
by erosion and settlement or the sinkhole walls. Generally, they are
found as shallow, dish-shaped depressions on the land surface in areas
of carbonate geologic formations.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern or cafe. The Elks Lodge and/or a church would
be examples of a club, lodge or social building.
A residential development including single-family attached,
single-family semidetached (i.e., duplexes) and/or single-family detached
structures and, in some districts, apartments, on lots with modified
lot dimensions and including common open space designed and intended
for use and enjoyment of residents of the development.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals (or other transmissions developed
in the future) for communications purposes.
[Added 11-16-2016 by Ord.
No. 2016-06]
The antennae, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics, and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless commercial communications services.[6]
[Added 11-16-2016 by Ord.
No. 2016-06]
A vehicle having more than one rear axle or having a gross
weight of more than 6,000 pounds and registered as a commercial vehicle
and/or displaying a sign.
Any area which is predominantly open space and is used for
a profit-making purpose, including golf driving range, miniature golf,
swimming pool and other similar entertainment areas.
A recreation, social or educational center open to the public
and operated by a nonprofit organization or governmental body.
The Official Comprehensive Plan for Lower Saucon Township.
A use for which the Township Council may grant permission
following a public meeting and findings of fact consistent with this
chapter, and provided that the use complies with the conditions and
standards required by this chapter. Additional regulation may be imposed
by the Township Council to preserve natural features or to protect
and/or enhance the nature and characteristics of the neighborhood
or community.
A group of commercial establishments planned and developed
as a unit. It provides on-site parking in definite relationship to
the types and sizes of stores. For the purposes of this chapter, this
group of commercial establishments is considered one principal use.
The conversion of a single-family detached dwelling to a
two-family detached, single-family attached or multifamily dwelling,
limited to three dwelling units, provided that the owner resides on
the premises.
A lot with two adjacent sides abutting streets or other public
spaces.
See "impervious surface."
[Amended 4-6-2005 by Ord. No. 2005-01]
A retail commercial establishment for sale of items crafted
on the premises.
A building and/or land open to the public, which contains
exhibits of a cultural interest, such as a museum, art gallery, nature
study area, etc.
A proposed zoning amendment made to the Township by any landowner
who desires to challenge on substantive grounds the validity of this
chapter, provisions of which prohibit or restrict the use or development
of land in which he has an interest.
A network of spatially or geographically separated antenna
nodes that are connected to a common source (hub) through a transport
or communication medium in order to provide wireless communication
service in a specific locality.
[Added 11-16-2016 by Ord.
No. 2016-06]
Any profit or nonprofit use or building which provides care
for seven or more children or adults on a regular basis, during a
portion of the day or night, for the purpose of relieving the individual's
legal guardian of that care and responsibility.
A day-care center is not a school or church,
nor is it a permissible accessory use of a school or church, nor is
it a permitted accessory use of a residence.
A day-care center may be a secondary principal
use of a school, church or other institution if all other conditions
of this chapter are satisfied.
Unless otherwise stipulated in this chapter, the term "density"
shall be determined by dividing the total number of dwelling units
by the total amount of land in the tract minus all land within the
ultimate right-of-way of existing public roads and proposed public
roads.
Commonwealth of Pennsylvania, Department of Environmental
Protection.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
The angle that a geologic surface makes with the horizontal
surface. It is measured perpendicular to the strike of the surface.
Streams that empty completely into a sinkhole or cavern.
A space in a building where group sleeping accommodations
are provided for persons not members of the same family group, in
one room or in a series of closely associated rooms.
A facility which, by design, permits customers to receive
services, obtain goods or be entertained while remaining in their
motor vehicle.
An establishment or activity where patrons are served with
food, soft drinks, ice cream and similar confections for consumption
outside the confines of the principal building.
A facility licensed or approved for the treatment and rehabilitation
of individuals from drug addiction or mental illness.
A multifamily dwelling composed of two or more apartments,
located on a common lot, with said dwelling being no more than three
stories high and with no more than 1/2 story for habitation underground.
Each individual building shall contain no more than 24 apartments.
A single-family dwelling unit, located on its own lot, which
is attached at any location to any other dwelling unit on its own
lot.
A building, having its own lot, designed exclusively for
residential occupancy by one family. The dwelling is surrounded by
open space and/or yards.
A single-family dwelling unit, located on its own lot, which
is attached to another single-family dwelling unit on its own lot
along only one property line.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A right of use over property of another.
A dynamic, biotic community together with the nonliving physical
environment which supports it.
[Added 4-6-2005 by Ord. No. 2005-01]
A public or private school, academy or college, certified
or accredited, but not including nursery school, day-care center or
trade school.
Any school licensed by the state and which meets the state
requirements for primary, secondary or higher education.[7]
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
[Added 11-16-2016 by Ord.
No. 2016-06]
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or has caused or
is likely to cause facilities in the rights-of-way to be unusable
and result in loss of services provided.
[Added 11-16-2016 by Ord.
No. 2016-06]
For the purposes of § 180-124, means a person who performs any service on the premises of an adult-oriented establishment on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the deliver of goods to the premises.
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania.
A document authorized by the Pennsylvania Worker and Community
Right-to-Know Act[8] which, if required by the Department of Labor and Industry
for a facility, describes the hazardous substances emitted, discharged
or disposed of from the workplace.
Areas of woodlands which coexist with other protected natural
resources including, but not limited to, floodplains, floodplain soils,
steep slopes, lake and pond buffers, riparian buffers and wetland
buffers.
[Added 4-6-2005 by Ord. No. 2005-01]
The Federal Environmental Protection Agency.
A nonresidential land use of buildings, structures or land
that generates an estimated average daily flow of sewage of 250 gallons
or that uses an estimated average daily flow of water of 250 gallons.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration. This term does not
include legitimate matchmaking or dating services that do not provide
monetary payment to the escort.
Appurtenances, such as substations and pumping stations,
related to sewage, water, gas and electric utilities used to serve
development within the municipality, but not including cross-country
transmission lines or other utilities not required to serve the municipality.
For the purposes of § 180-124, means and includes any of the following:
The opening or commencement of any adult-oriented
establishment as a new business;
The conversion of an existing business, whether
or not an adult-oriented establishment, to any adult-oriented establishment;
The addition of any adult-oriented establishment
to any other existing adult-oriented establishment; or
The relocation of any adult-oriented establishment.
A facility licensed or approved to provide twenty-four-hour
convalescent or chronic care to individuals who, due to advanced age,
frailty or chronic illness, are unable to take care of themselves.
Any number of individuals living together as the functional
equivalent of a family, on a nontransient basis, where the residents
may share living expenses and chores, eat meals together, and are
a close-knit group with social, economic, and psychological commitments
to each other. A family includes, for example, the residents of a
group home for people with disabilities. A family does not include
larger institutional group living arrangements such as dormitories,
fraternities, or monasteries.
[Amended 11-16-2016 by Ord. No. 2016-05]
Any profit or nonprofit use or building which provides care
for up to six children or adults on a regular basis, during a portion
of the day or night, for the purpose of relieving the individual's
legal guardian of that care and responsibility.
A surface or zone of rock fracture along which there has
been noticeable movement.
Federal Communications Commission.
[Added 11-16-2016 by Ord.
No. 2016-06]
A barrier of posts, rails and boards, panels or other fabricated
materials, typically placed or arranged as a line of demarcation between
lots or to enclose a lot or portion thereof.
[Amended 5-7-2008 by Ord. No. 2008-04]
That portion of the floodplain outside the floodway.
A flood which, on the average, is likely to occur once in
every 100 years (i.e., it has a one-percent chance of occurring each
year, although the flood may occur in any year); for the purposes
of this chapter, the regulatory flood.
A relatively flat or low land area adjoining
a river, stream or watercourse which is subject to partial or complete
inundation.
An area subject to the unusual and rapid accumulation
or runoff of surface waters from any source.
All lands within the one-hundred-year floodplain
as defined by the Federal Emergency Management Agency, in the most
current Flood Insurance Rate Maps.
[Added 4-6-2005 by Ord. No. 2005-01]
Land identified as "floodplain" on the Township
Zoning Map within the Floodplain District.
[Added 4-6-2005 by Ord. No. 2005-01]
One or any combination of soils classified as having major
hydric components by the Soil Survey of Northampton County.
[Added 4-6-2005 by Ord. No. 2005-01]
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwater of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
A level of a building accessible to humans having an average
vertical clearance 6 feet or greater shall be considered a floor.
The sum of the areas of the several floors of the building
or structure, including areas used for human occupancy or required
for the conduct of the business or use, and basements, attics, and
penthouses, as measured from the exterior faces of the walls. It does
not include unenclosed or screened porches, attics not used for human
occupancy, nor any floor space in an accessory building nor in the
main building intended or designed for the parking of motor vehicles
in order to meet the parking requirements of this chapter, nor any
such floor space intended and designed for accessory heating and ventilating
equipment.
A person with a bachelor's or master's degree in forestry
from a college or university program that at the time was fully accredited
by the Society of American Foresters.
The management of forests and timberland, 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.
Linear topographic depressions or lines of depressions less
than one mile in length, revealing faults, joints or fissures in the
bedrock. These linear features are characterized by increased permeability
along which the solution of carbonate rocks is intensified and, hence,
along which groundwater movement is concentrated.
An accessory structure for the storage of passenger motor
vehicles without provision for repairing or servicing such vehicles
for profit.
A place where gasoline, along with other equivalent fuel
for motor vehicles, is retailed directly from pumps and storage tanks
to the public.
A professional geologist, licensed as such in the Commonwealth
of Pennsylvania.
Small bodies of water which occur in and occasionally around
closed depressions or sinkholes after periods of heavy precipitation.
They may form from slow permeability of soils, rises in the groundwater
table or the creation of a natural liner of impermeable or slowly
permeable clays or soils in the depression.
Either a publicly or privately owned and operated athletic
field established and maintained for the purpose of playing the sport
of golf. This does not include driving range or miniature golf areas.
Municipal, county, state or federal government buildings
or facilities designed and intended to be occupied by the government
or designed and intended for public use sponsored by such governments,
except landfills and garbage dumps.
A building used to conduct the business of growing and/or
selling of trees, shrubs, flowers, vegetables, etc.
All land within a site as defined in the deed. For all land
developments, subdivisions and site plan reviews, the gross site area
shall be confirmed through a site survey.
[Added 4-6-2005 by Ord. No. 2005-01]
A dwelling unit housing persons, unrelated by blood or marriage,
living together as a single housekeeping unit utilizing a common housekeeping
management plan based upon an intentionally structured relationship
which provides organization and stability.
For the purposes of this chapter, hazardous and toxic materials
should include any materials recognized as such by the Federal Environmental
Protection Agency.
A product or waste, or combination of substances that because
of the quantity, concentration, physical, chemical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into groundwater resources
and the subsurface environment which includes the soil and all subsequent
materials located below. Such hazardous material includes, but is
not limited to, materials which may be included on one or more of
the following lists:
Occupational Safety and Health Act, 29 CFR,
Part 1910, Subpart Z, Extremely Hazardous Substance List.
American Conference of Governmental Industrial
Hygienists, Threshold Limit Values for Chemical Substances and Physical
Agents in the Work Environment (latest edition).
National Toxicology Program, Annual Report on
Carcinogens (latest edition).
International Agency for Research on Cancer
Monographs (latest edition).
Commonwealth of Pennsylvania, Department of
Labor and Industry, Hazardous Substance List (latest edition).
"Hazardous substances" defined pursuant to Section
311 of the Federal Clean Water Act.
"Toxic materials" defined pursuant to Section
307 of the Federal Clean Water Act.
"Hazardous wastes" defined pursuant to Chapter 75 of DEP Rules and Regulations.
"Hazardous wastes" defined pursuant to Section
101 of the Federal Resource Conservation and Recovery Act.
"Hazardous substances" defined pursuant to the
Federal Comprehensive Environmental Response, Compensation and Liability
Act.
A document required by the Pennsylvania Worker and Community
Right-to-Know Act[9] which provides a listing of all hazardous substances found
in the workplace.
A row of shrubs, small trees or other plant material, planted
close together, in order to form a fence or boundary.
[Added 5-7-2008 by Ord. No. 2008-04]
The vertical distance derived from the average finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure pursuant to § 180-93. In the case single-family detached dwellings, the measurement shall be from the average roof level for sloping roofs not the highest point.
The overall height of the tower from the base of the tower
to the highest point of the tower, including but not limited to antennas,
transmitters, satellite dishes or any other structures affixed to
or otherwise placed on the tower. If the base of the tower is not
on ground level, the height of the tower shall be measured from the
ground level at the base of the building or structure to which the
tower is attached.
A customary home occupation or professional office for gain,
including personal instruction or services, office or studios, crafts,
repair services and family day-care facilities. All uses shall be
clearly subordinate to the existing residential use of the property.
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, nursing home, extended
care facility, or a standalone residential hospice facility.
[Added 1-21-2004 by Ord. No. 2004-01]
An institution providing primary health service and medical
and surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities.
Any building containing six or more guest rooms intended
or designed to be used or which are used, rented or hired out to be
occupied or which are occupied for sleeping purposes by guests. Dining
facilities may be accessory to the hotel.
See "impervious surface."
[Amended 4-6-2005 by Ord. No. 2005-01]
Any surface which does not absorb rain. All buildings, parking
areas, driveways, roads, sidewalks and any areas in concrete, asphalt,
stone or crushed aggregate shall be considered impervious surfaces.
This definition includes any pavement material that is designed to
allow grass to grow up and through the pavement surface.
[Added 4-6-2005 by Ord. No. 2005-01]
A measurement of the intensity of use of a parcel of land, calculated by dividing the total area of all impervious surfaces within the site by the net buildable site area, as determined pursuant to § 180-95C(2)(c) of this Code.
[Added 4-6-2005 by Ord. No. 2005-01;
amended 4-6-2011 by Ord. No. 2011-02]
The making of goods and articles by hand or machine, often
on a large scale and with a division of labor which meets the performance
standards, dimensional requirements and other requirements of this
chapter.
Any introduced or alien species which overcomes native species
for space and resources, and which may result in a monoculture.
[Added 4-6-2005 by Ord. No. 2005-01]
A terrain, generally underlain by limestone, in which the
topography is chiefly formed by the dissolving of rock. It is commonly
characterized by closed drainage, subterranean drainage and caves.
A place where four or more animals are kept, boarded, trained
raised or bred as a business enterprise. This includes nonprofit shelters,
such as the SPCA shelter or Animals in Distress.
The areas within 50 feet of the high water level of any lake
or pond, which may be utilized to protect the quality of the body
of water by preserving the natural features around it, which may be
part of their natural ecosystems.
[Added 4-6-2005 by Ord. No. 2005-01]
All natural or artificial bodies of water which retain water
year round or on a seasonal or intermittent basis. The shorelines
of such water bodies shall be measured from the high water level.
A body of water which is two or more acres in extent shall be considered
a lake, while a body of water which is less than two acres shall be
considered a pond.
[Added 4-6-2005 by Ord. No. 2005-01]
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
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; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Any construction of a new building or buildings
or addition to an existing building or buildings or construction of
new or additional impervious surfaces (driveways, parking lots, etc.)
which would create more than 10,000 square feet of impervious cover.
The diversion or piping of any natural or man-made
stream channel.
The installation of stormwater systems or appurtenances
thereto.
The following activities are excluded from the definition of land development unless the proposal involves the construction described in Subsection (1)(c), (d) or (e) above:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium; and
The addition of an accessory building on a lot
subordinate to an existing farm or residential principal building.
A site used for the disposal and/or burial of garbage, trash,
junk and other material in accordance with Pennsylvania Department
of Environmental Protection's regulations.
A sewage disposal facility which is designed to treat wastewater
with ultimate disposal of effluent being discharged to the land surface
via a spray mechanism and which is designed for more than 2,000 gallons
per day.
A sewage disposal facility which is designed to discharge
directly to the soil profile, whether natural or enhanced, and which
has a design capacity in excess of 10,000 gallons per day.
Linear topographic features that are structurally controlled,
thereby revealing faults, joints or fissures in the bedrock.
An off-street space or berth on the same lot with a building
or group of buildings or contiguous to a group of buildings for the
temporary stopping of commercial vehicles while loading or unloading
merchandise or materials.
A designated parcel, tract or area of land not divided by
a public street, established by a plat or otherwise as permitted by
law and to be used, developed or built upon as a unit.
The area contained within the lot lines, excluding space
within all road existing or future rights-of-way.
The mean distance between the front lot line and the rear
lot line. The greater frontage of a corner lot is its depth, and the
lesser frontage is its width.
A line dividing one lot from another or from a street or
any public places.
The street right-of-way line at the front of a lot. Also
see definition for "right-of-way line."
Any lot line which is parallel to or within 45º of being
parallel to a front street right-of-way line. In the case of a lot
having no street frontage or a lot of an odd shape, only the one lot
line furthest from any street shall be considered a rear lot line.
Any lot line which is not a street right-of-way line or a
rear lot line.
The distance measured between the side lot lines, as measured
at the minimum required front yard setback line. When there is only
one side lot line, as in the case of single-family, semidetached or
single-family attached dwellings, the lot width shall be measured
between the side lot line and the center line of the party wall.[10]
A unit manufactured in one or more complete sections, designed
for long-term occupancy, containing sleeping accommodations, a flush
toilet, a bath or shower and kitchen facilities, with plumbing and
electrical connections provided for attachment to outside systems,
and designed to be transported, after fabrication, on its own wheels
or on flatbed or other trailers. For the purpose of this chapter,
a manufactured home is considered a single-family home and is a permitted
use in all zones allowing single-family homes if all transportation-related
appendages, including wheels, axles, tow hitch and running lights,
are removed and the manufactured home is secured to a permanent foundation,
meeting all requirements of the Township Building Codes.[11]
A building used exclusively by physicians and dentists for
treatment and examination of patients, provided that no overnight
patients shall be kept on the premises.
Any industry in which minerals are excavated from the earth
for processing, sale or off-site use. Mineral extraction use shall
include the excavation and processing of the materials described above.
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.
The minimum lot area, as required by this chapter, within
the lot lines of a lot and exclusive of any street rights-of-way or
required road right-of-way.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of 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 without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
The collocation, improvements, upgrade, expansion, removal,
or replacement of an antenna or any other transmission equipment associated
with the supporting structure.
[Added 11-16-2016 by Ord.
No. 2016-06]
A tower-based CCF which consists of a single pole structure,
designed and erected on the ground or on top of a structure to support
communications antennae and related equipment.
[Added 11-16-2016 by Ord.
No. 2016-06]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct outside access, designed primarily for transient automobile
travelers and provided with accessory off-street parking facilities.
The term "motel" includes buildings designed as tourist courts, motor
lodges, auto courts and other similar appellations but shall not be
construed to include mobile or immobile trailers.
A building, structure or enclosure in which the general business
of repairing motor vehicles is conducted, including a public garage.
The area of a tract of land remaining after subtracting land which is not contiguous, land within existing rights-of-way, land within required rights-of-way, land within easements and covenants, and area land identified as resource protection land [as determined in § 180-95C(2)(b)].
[Added 4-6-2005 by Ord. No. 2005-01]
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.[12]
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions in a zoning ordinance
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of such ordinance or amendment
or prior to the application of such ordinance or amendment to its
location by reason of annexation. Such nonconforming structures include
but are not limited to nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
Any equipment that facilitates the transmission for any Commission-licensed
or -authorized wireless commercial communications service, including,
but not limited to, antennae, transmitters, receivers, cabling, power
supplies, and accessory equipment associated with and necessary for
their operation. This shall not include support structures, such as
monopoles, poles, towers, etc.
[Added 11-16-2016 by Ord.
No. 2016-06]
Any place where a person who appears seminude, in a state
of nudity, or who displays specified anatomical areas and is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. Nude model studio shall not include a proprietary school
licensed by the State of Pennsylvania or a college, junior college
or university supported entirely or in part by public taxation; a
private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of
the structure and no other advertising that indicates a nude or seminude
person is available for viewing; and
Where, in order to participate in a class, a
student must enroll at least three days in advance of the class; and
Where no more than one nude or seminude model
is on the premises at any one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernible turgid state.
A business which grows, for sale, trees, shrubs and flowers,
but not including forestry activities.
See "day-care center."
A document applicable to agricultural properties which describes
the storage, handling and application of fertilizers, including manure,
related to agricultural production.
See "certificate of occupancy."
A parcel or parcels of land or an area of water or a combination
of land and water within a development site which is designed and
intended for the use or enjoyment of residents of a development. Common
open space does not include streets, off-street parking areas, private
yard space and areas set aside for public facilities. Common open
space shall be substantially free of structures but may contain such
improvements as are in the development plan as finally approved by
the Township and as are appropriate for recreational use by the residents.
A secondary zoning district which establishes additional
zoning requirements, such as the carbonate geology and flood zone
districts. These requirements are imposed in addition to the requirements
of the primary zoning district.
A stall or berth used for parking motor vehicles, with an
area not less than 10 feet by 18 feet, exclusive of a street or alley,
and to which there is access from a street or alley.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
Places primarily providing services which do not involve
retail sales or professional services. Personal services are oriented
to serving personal needs, such as barber and beauty shops, shoe repair
shops, household appliance repair shops, dry-cleaning and laundry
pickups, shoeshine parlors and other similar establishments.
A document applicable to agricultural properties which describes
the storage, handling and application of products to control pests
and undesirable vegetation related to agricultural production.
Domestic animals normally considered to be kept in or in
conjunction with a dwelling unit for the pleasures of the resident
family, such as dogs, cats, small birds, gerbils and other similar
pets normally sold by retail pet stores.
Tall, slender spires of carbonate bedrock. Pinnacles are
formed from the chemical dissolution of carbonate rocks along planes
of weakness (joints and fractures).
SURFACE PINNACLESSuch formations that protrude above the natural grade.
SUBSURFACE PINNACLESSuch formations that exist below the surface of the ground.
SHALLOW SUBSURFACE PINNACLESSuch formations that exist less than 20 inches below the ground surface.
An environmental emergency response document authorized by
Chapter 101 of the DEP Rules and Regulations which is applicable to
facilities which handle materials with the potential for accidental
pollution of the waters of the commonwealth. Specific requirements
for a PIP plan are contained in Guidelines for the Development and
Implementation of Environmental Emergency Response Plans, PADEP, September
1990.
An environmental emergency response document required by
the Federal Resource Conservation and Recovery Act (as amended by
the Hazardous and Solid Waste Amendments of 1984), the Pennsylvania
Solid Waste Management Act and the DEP Hazardous Waste Regulations
(Chapter 260-270) applicable to facilities which generate, store,
treat or dispose of hazardous wastes. "Hazardous wastes" are those
defined within the DEP regulations or other wastes which meet specific
characteristic tests.
The primary building, structure or use which is conducted
on a lot.
Any building which serves as a meeting place for a selected
membership, together with recreation and dining facilities which are
not open to the public.
An office occupied by a person or persons (together with
related staff) who have received professional training, to include
doctors, lawyers, engineers, certified public accountants, psychologists
and similar occupations.
Any well used or intended to be used as a groundwater supply
source as part of a public water supply system for which wellhead
protection areas have been established.
See "governmental uses."
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A sewage disposal system or parts thereof owned, leased from
or operated by a municipality or public authority.
A use, structure or building owned and operated by a public
utility company regulated by the Pennsylvania Public Utility Commission
and/or by a municipal authority incorporated by the Township of Lower
Saucon, which use, structure or building is necessary for providing
essential utility services to properties in Lower Saucon Township.
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.
A public water system designed to transmit water from a common
source to users, in compliance with the requirements of the appropriate
state agencies and the Township.
A portable structure without a permanent foundation, which
can be hauled, driven or towed for use as a temporary dwelling for
recreational purposes, including but not limited to travel trailers,
truck campers, self-propelled motor homes and camping trailers.
A private, nonprofit recreation or education facility, including
a company-sponsored recreation and technical training institute or
a private swim club, but not including a golf course.
The replacement of nontower CCF or transmission equipment
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight, and height as the commercial
communications facility initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 11-16-2016 by Ord.
No. 2016-06]
See "hospice."
[Added 1-21-2004 by Ord. No. 2004-01]
Lands in natural resources which must remain undeveloped as determined by the resource protection rate as outlined in § 180-95.
[Added 4-6-2005 by Ord. No. 2005-01]
An establishment or activity where patrons are served with
food, soft drinks, ice cream and similar confections for consumption
within the confines of the principal building.
Shops and stores for the sale of antiques, books, beverages,
confections, drugs, dry goods, flowers, foodstuff, gifts, garden supplies,
hardware, household appliances, jewelry, notions, periodicals, stationery,
business machine sales and service, tobacco, paint and wearing apparel
and other similar goods to the consumer, excluding adult-related retail.
A basin designed to retard stormwater runoff, by temporarily
storing the runoff, which does not have a defined outlet structure
and which empties through a combination of evaporation, transpiration
and infiltration.
A shelter for horses, which may contain facilities for horseback
riding.
The surface of and the space above and below any real property
in the Township set aside for streets, highways, avenues, roads, alleys,
sidewalks, tunnels, viaducts, bridges, skyways, or any other public
place, area or property under the control of the Township or commonwealth,
and any unrestricted public or utility easements established, dedicated,
platted, improved or devoted for utility purposes, but excluding lands
other than streets that are owned by the Township or commonwealth.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
[Amended 11-16-2016 by Ord. No. 2016-06]
The surface of, as well as the space above and below, the
legal right-of-way as established by the commonwealth, Township, or
other appropriate governing authority and currently in existence.
[Amended 11-16-2016 by Ord. No. 2016-06]
The dividing line between the street and the lot. The right-of-way
line shall be the same as the existing or required right-of-way line,
whichever is furthest from the street center line.
The surface of, as well as the space above and below, the ultimate right-of-way in the public domain deemed necessary to provide adequate width for street and other improvements. Required right-of-way widths are designated in § 180-98F.
[Amended 11-16-2016 by Ord. No. 2016-06]
Land within the required wetland buffer, riparian buffer,
or lake or pond buffer.
[Added 9-15-2010 by Ord. No. 2010-05]
Activities intended to ecologically improve or sustain the
current condition of any wetland, waters of the United States, waters
of the commonwealth, perennial or intermittent watercourse, lake,
or pond that is associated with a riparian area.
[Added 9-15-2010 by Ord. No. 2010-05]
All areas located within 100 feet of any delineated waters
of the commonwealth, waters of the United States, or other perennial
or intermittent watercourse.
[Added 4-6-2005 by Ord. No. 2005-01;
amended 12-20-2006 by Ord. No. 2006-10]
A portion of bedrock parent material exposed to the surface
of the ground for an area in excess of 20 square feet.
A building, other than a hotel or motel, containing a single
dwelling unit where lodging is provided with or without meals for
five or less persons who are not members of the operator's family
and by prearrangement for definite periods of time and for compensation,
whether direct or indirect, but not to include rest homes, homes for
the aged, group homes or halfway houses.
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material or for the collection, dismantling,
storage or salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof.
A document required by the Federal Superfund Amendments and
Reauthorization Act (SARA) which applies to employers who have extremely
hazardous substances in the workplace. The document identifies the
transportation routes of extremely hazardous substances, a description
of the workplace and a risk analysis of the operation to the surrounding
community.
Documents required by the Federal Superfund Amendments and
Reauthorization Act (SARA) which apply to employers who have extremely
hazardous substances in the workplace. The Tier I document lists the
amounts and locations within the workplace of extremely hazardous
substances by type of hazard (e.g., fire, explosion, acute health
hazard). The Tier II document provides a listing of each specific
extremely hazardous substance in the workplace and each specific hazardous
substance exceeding 10,000 pounds on site at any one time.
An antenna, usually dish-shaped, which may be solid, open
mesh or bar configured, usually up to 12 feet in diameter. Its function
is to receive communications or other signals primarily from orbiting
satellites. This term does not include commercial communications facilities.
[Added 11-16-2016 by Ord.
No. 2016-06]
The use of vegetation materials, such as trees or shrubs,
or fences and earthen berms to visually shield nearby uses or structures
from one another.[15]
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation, or which constitutes
pollution under the Act of June 22, 1937 (P.L. 1987 No. 394), known
as "The Clean Streams Law," as amended.
A combination of piping, tanks or other facilities for the
collection, conveyance, treatment and disposal of sewage. See also
"large volume subsurface" and "large volume spray irrigation" definitions.
The official hired by the municipality who issues and reviews
sewage system disposal permits and conducts such inspections and investigations
as are necessary to implement the provisions of the Pennsylvania Sewage
Facilities Act.
The coarse screenings, grit and dewatered or air-dried products
of sewage treatment, septic and holding tank pumpings and any other
residues from sewage collection and treatment systems which require
disposal.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
Funnel-shaped or steep-sided depressions in the land surface
that are caused by the dissolving of carbonate rock by acidic groundwater
descending to the water table and collapse or subsidence of the roofs
of subterranean caverns in carbonate geologic formations. In size,
they can vary from a few feet to more than 100 feet in width.
A development plan for one or more lots depicting existing
and proposed conditions, which include topography, natural features,
drainage, vegetation, means of egress and ingress and internal flow
for vehicles and pedestrians, utilities, landscaping, signs, lighting
and any other information that may be required for Township officials
to properly review said plan.
Said of a soil that is irregularly marked with spots or patches
of different tonal quality, usually indicating poor drainage.
A person certified as a sewage enforcement officer and who
has documented two years' experience in characterization, classification,
mapping and interpretation of soils as they relate to the function
of on-lot sewage disposal systems and either a bachelors degree in
soil science from an accredited college or university or certified
as a professional soil scientist by the Pennsylvania Association of
Professional Soil Scientists (PAPSS) or the American Registry of Certified
Professionals in Agronomy, Crops and Soils (ARCPACS).
A use for which the Zoning Hearing Board may grant permission
following a public hearing and findings of fact consistent with this
chapter, and provided that the use complies with the conditions and
standards required by this chapter.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely covered.
Any of the following:
An environmental emergency response document required by
the Federal Clean Water Act for facilities which handle hazardous
substances as defined in the Clean Water Act. The plan requirements
are virtually the same as for a PIP plan.
An environmental emergency response document required by
the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for
facilities with an aboveground storage tank exceeding a volume of
21,000 gallons. The plan requirements are specified in Sections 902
and 903 of the STSPA. A downstream notification requirement applies
to regulated tanks adjacent to surface waters.
Areas of 3,000 square feet or greater which have a slope
which is greater than 8% and which, because of the slope, are subject
to high rates of stormwater runoff and therefore erosion.
[Added 4-6-2005 by Ord. No. 2005-01]
The containment of hazardous material on a temporary basis
in such a manner as not to constitute disposal of such waste. It shall
be presumed that the containment of hazardous material in excess of
one year constitutes disposal. This presumption can be overcome by
clear and convincing evidence to the contrary.
A tank which contains substances as regulated under the Storage
Tank and Spill Prevention Act (STSPA) which meets the following criteria:
a stationary tank with 250 gallons or more of capacity with greater
than 90% of its capacity aboveground. Specific exceptions to this
definition are included within the STSPA.
A tank which contains substances as regulated under the Storage
Tank and Spill Prevention Act (STSPA) which meets the following criteria:
a tank with 110 gallons or more of capacity with 10% or greater of
its capacity beneath the ground surface. Specific exceptions to this
definition are included within the STSPA.
A building or yard used for the storing of goods or materials.
A strip of land including the entire required right-of-way
intended for use as a means of vehicular and pedestrian traffic and
shown on the municipality's Official Map[17] or on a filed plat, whether public or private, and shall
include street, avenue, boulevard, road, highway, parkway or lane.
Any man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land. The term
"structure" shall include buildings, parking lots or parking spaces,
signs, fences, walls, towers, swimming pools, tennis courts, porches,
garages and similar structures. The term "structure" shall be interpreted
as including the words "or part thereof."
The 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 existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, 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 street or easement of access or any residential
dwelling shall be exempted.
The modifications or proposed modifications to the physical
dimensions of a tower, tower-based CCF, or base station that meet
any of the following criteria:
[Added 11-16-2016 by Ord.
No. 2016-06]
Towers outside rights-of-way:
It increases the height by more than 10% or by the height of
one antenna array with the separation from the nearest existing antenna
not to exceed 20 feet or whichever is greater.
It protrudes from the edge of the tower more than 20 feet, or
more than the width of the tower structure at the level of the appurtenance,
whichever is greater.
Towers inside rights-of-way:
It increases the height of the tower by more than 10 feet or
10%, whichever is greater.
It protrudes from the edge of the tower more than six feet.
The installation of any new equipment cabinets on the ground
if there are no preexisting ground cabinets.
The installation of ground cabinets that are more than 10% larger
in height or overall volume than any other ground cabinets.
Base stations (regardless of location):
It increases the height of the structure by more than 10 feet
or 10%, whichever is greater.
It protrudes from the edge of the structure more than six feet.
The installation of any new equipment cabinets on the ground
if there are no preexisting ground cabinets.
The installation of ground cabinets that are more than 10% larger
in height or overall volume than any other ground cabinets.
It involves the installation of more than the standard number
of new equipment cabinets for technology involved, but not to exceed
four cabinets.
It entails the excavation or deployment outside the current
site of the tower, wireless support structure, or base station.
It would defeat the existing concealment elements of the tower,
wireless support structure, or base station.
It does not comply with the conditions associated with the prior
approval of the tower, wireless support structure, or base station
unless the noncompliance is due to an increase in height, increase
in width, addition of cabinets, or new excavation that does not exceed
the corresponding "substantial change" thresholds.
Of an adult-oriented establishment, means the increase in
floor areas occupied by the business by more than 25% percent, as
the floor areas exist on September 20, 2000.
The definition is consistent with that found in the Noncoal
Surface Mining Conservation and Reclamation Act of 1984 (52 P.S. § 3301
et seq.).
Any constructed body of water or structure to contain water,
and any accessory equipment pertaining thereto, used or intended to
be used for swimming or bathing by any family or persons residing
on the premises and their guests. Such noncommercial swimming pool
shall not be operated for gain and shall be located on a lot only
as an accessory use to the dwelling or dwellings, hotel, motel or
membership club thereon.
A public establishment primarily intended for sale and consumption
of alcoholic beverages and food on the premises.
An open or enclosed stand situated along the roadway for
the purpose of selling agricultural products produced on the premises.[18]
A lot extending from one street to another.
See "tower-based commercial communications facility."
[Added 11-16-2016 by Ord.
No. 2016-06]
Any structure that is built and used for the sole or primary
purpose of supporting one or more Commission-licensed or -authorized
antennae, and their associated facilities. DAS hub facilities are
considered to be tower-based CCFs.
[Added 11-16-2016 by Ord.
No. 2016-06]
Lower Saucon Township, Northampton County, Pennsylvania.
[Added 11-16-2016 by Ord.
No. 2016-06]
See "nontower commercial communications facility."
[Added 11-16-2016 by Ord.
No. 2016-06]
A bored, drilled, driven or dug well for the emplacement
of fluids into the ground (except drilling muds and similar materials
used in well construction).
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A modification of the terms of this chapter where such variance
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of this chapter would result in unnecessary
and undue hardship.
Plant life, including but not limited to grass, agricultural
crops, shrubs, trees or other plant material, which is either naturally
occurring or which is planted.
A type of wetland characterized as a closed depression where
water collects in the spring, but typically dries up by mid or late
summer.
A structure used for the treatment, housing or boarding of
domestic animals by a veterinarian, and animal grooming on a commercial
basis.[19]
A secondary or higher education facility, primarily teaching
usable skills that prepare students for jobs in a trade and meeting
the state requirements as a vocational facility.
A solid structure, constructed and erected, unattached to
a supporting unit or background.
[Added 5-7-2008 by Ord. No. 2008-04]
A structure constructed and erected between lands of different
elevations to protect structures and/or to prevent erosion.
[Added 5-7-2008 by Ord. No. 2008-04]
Garbage, refuse and other discarded materials including,
but not limited to, solid and liquid materials resulting from municipal,
industrial, commercial, institutional, agricultural and residential
activities.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks and includes
any area adjacent thereto subject to inundation by reason of overflow
or floodwater.
[Added 12-20-2006 by Ord. No. 2006-10]
The entire region or area which contributes and/or drains
surface or subsurface waters to a particular river, watercourse or
body of water.
All watercourses, streams or bodies of water and their floodways
wholly or partly within or forming part of the boundary of the Commonwealth
of Pennsylvania or any body of water delineated as such by the Army
Corps of Engineers or the Department of Environmental Protection.
[Added 4-6-2005 by Ord. No. 2005-01]
All interstate waters, intrastate waters used for commerce,
including their tributaries and wetlands adjacent to such bodies of
water or any body of water delineated as such by the Army Corps of
Engineers or the Department of Environmental Protection.
[Added 4-6-2005 by Ord. No. 2005-01]
The surface-water elevation of groundwater. This includes
a "perched water table," which is defined as the surface-water elevation
of a body of groundwater which is separated from an underlying body
of groundwater by an unsaturated zone.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support and
that, under normal circumstances, do support a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan, and any area identified as a wetland
or in accordance with the Pennsylvania Department of Environmental
Protection or delineated by any other qualified wetlands scientist.
[Amended 4-6-2005 by Ord. No. 2005-01; 12-20-2006 by Ord. No.
2006-10]
All areas within 50 feet from the edge of any wetland.
[Added 4-6-2005 by Ord. No. 2005-01;
amended 12-20-2006 by Ord. No. 2006-10]
An establishment or business engaged in selling merchandise
to retailers, commercial, industrial, institutional, professional
or business users or other wholesalers. Wholesale trade may also include
agents or brokers and buying merchandise or selling merchandise to
such individuals or companies.
A structure which can generate energy from the wind for use
either on or off the lot on which the structure is located.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 11-16-2016 by Ord.
No. 2016-06]
Wireless telecommunications services, such as, but not limited
to, paging, cellular phones, Internet, and other satellite telecommunication,
which are generally operated by a service provider for commercial
use. This excludes cable television services utilizing satellite delivery.
[Added 11-16-2016 by Ord.
No. 2016-06]
A freestanding structure, such as a tower-based CCF, monopole,
tower, base station or any other support structure that could support
the placement or installation of a commercial communications facility
if approved by the Township.
[Added 11-16-2016 by Ord.
No. 2016-06]
All areas of 3,000 square feet or greater which contain an
average of one or more trees measuring six inches in caliper or greater,
per 1,000 square feet. All associated layers of growth, including
but not limited to the canopy, understory and floor, shall be considered
as part of the woodland and shall be so protected by the woodland
protection rate.
[Amended 4-6-2005 by Ord. No. 2005-01]
The uppermost layer of vegetation in a woodland, which may
consist of upper branches of trees, insects, animals and other biotic
materials.
[Added 4-6-2005 by Ord. No. 2005-01]
The ground layer in a woodland, which may consist of soil,
decayed matter, minerals, dead vegetation, ground covers, shrubs,
insects, animals and other biotic materials.
[Added 4-6-2005 by Ord. No. 2005-01]
The middle layer in a woodland, which may consist of small
or young trees, shrubs, insects, animals and other biotic materials.
[Added 4-6-2005 by Ord. No. 2005-01]
That portion of a lot which is unoccupied and open to the
sky between the street right-of-way line or lot line and a required
building set back line.
A yard extending between side lot lines across the front
of a lot.
A yard extending across the rear of the lot between side
lot lines.
A yard extending from the rear line of the required front
yard, front building restriction line to the rear lot line.
The map or maps which are a part of this chapter delineating
the boundaries of the zoning districts.[20]
The duly authorized and designated official of the municipality
responsible for administering and enforcing the zoning ordinance of
the municipality.
[1]
Editor’s Note: The former definition of "Advertising
sign or billboard," which immediately followed, was repealed 3-6-2019
by Ord. No. 2019-01.
[2]
Editor’s Note: The former definition of "Animated sign,"
which immediately followed, was repealed 3-6-2019 by Ord. No. 2019-01.
[3]
Editor’s Note: The former definition of "antenna/satellite
dish," which immediately followed this definition, was repealed 11-16-2016
by Ord. No. 2016-06.
[4]
Editor’s Note: The former definition of "Billboard,"
which immediately followed, was repealed 3-6-2019 by Ord. No. 2019-01.
[5]
Editor’s Note: The former definitions of "Changeable
copy sign" and "Changeable copy sign, electronic," which immediately
followed, were repealed 3-6-2019 by Ord. No. 2019-01.
[6]
Editor's Note: The former definition of "commercial communications
tower," which immediately followed this definition, was repealed 11-16-2016
by Ord. No. 2016-06.
[7]
Editor’s Note: The former definition of "Electronic
graphic display (digital billboard)," which immediately followed,
was repealed 3-6-2019 by Ord. No. 2019-01.
[8]
Editor's Note: See 35 P.S. § 7301
et seq.
[9]
Editor's Note: See 35 P.S. § 7301.
[10]
Editor's Note: The former definition of "major
tree(s)," which immediately followed this definition, was repealed
4-6-2005 by Ord. No. 2005-01.
[12]
Editor’s Note: The former definition of "Nonconforming
sign," which immediately followed, was repealed 3-6-2019 by Ord. No.
2019-01.
[14]
Editor’s Note: The former definition of "Off-premises
sign," which immediately followed, was repealed 3-6-2019 by Ord. No.
2019-01.
[15]
Editor's Note: The former definition of "selection
harvest method," which immediately followed this definition, was repealed
4-6-2005 by Ord. No. 2005-01.
[16]
Editor’s Note: The former definitions of "Sign" and
"Sign, gross surface area of," which immediately followed, were repealed
3-6-2019 by Ord. No. 2019-01.
[18]
Editor's Note: The former definition of "thinning
of major trees," which immediately followed this definition, was repealed
4-6-2005 by Ord. No. 2005-01.
[19]
Editor’s Note: The former definition of "Video sign
or video billboard," which immediately followed, was repealed 3-6-2019
by Ord. No. 2019-01.
[20]
Editor's Note: Said map is on file in the
Township offices.