Township of Lower Saucon, PA General Provisions

The present tense includes the future tense, the singular includes the plural, and the plural includes the singular.

The word "person" includes a firm, company, corporation, partnership, trust, organization or association, as well as an individual.

The word "lot" includes the words "plot" or "parcel."

ACCESSORY STRUCTURE OR USE

The word "shall" is always mandatory; the word "may" is permissive.

(5)

The word "structure" includes the word "building."

(6)

The words "used" and "occupied" include the words "intended, arranged or designed to be used or occupied."

(7)

The word "municipality" means Lower Saucon Township.

(8)

The words "municipality's governing body" mean the Lower Saucon Township Council.

(9)

The term "Planning Commission" means the Municipality Planning Commission.

(10)

Any words or terms not defined herein are used with a meaning of standard dictionary use.

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.

ADDITION

An extension or increase in floor area or height of a building or structure.

ADULT ARCADE

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.

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE

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.

ADULT CABARET

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

ADULT MOTION-PICTURE THEATER

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.

ADULT-ORIENTED ESTABLISHMENT

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.

ADULT THEATER

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]

AGRICULTURE

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.

ALTERNATIVE TOWER STRUCTURES

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.

ALIEN SPECIES

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]

ALTERATION OF BUILDING

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.

ANIMAL HUSBANDRY

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.

ANIMAL UNIT

One animal unit is equal to 1,000 pounds of animal(s).[2]

ANSI

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.

ANTENNA

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]

APARTMENT UNIT

[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.

AUTHORITY

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.).

BASAL AREA

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.

BASEMENT

That portion of a building which is partly below and partly above grade and having at least 1/2 its height below grade.

BASE SITE AREA

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]

BASE STATION

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]

BED-AND-BREAKFAST HOME

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]

BOARD

The Zoning Hearing Board of Lower Saucon Township.

BUFFER YARD

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.

BUILDING

Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING AREA

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.

BUILDING COVERAGE

The percentage of the lot area covered by the building area.

BUILDING SETBACK LINES

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.

CENTER LINE OF STREET OR ROAD

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.

BUSINESS OFFICE

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."

CANOPY

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.

CARBONATE

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.

CAR WASH

A building or portion thereof for the principal use of cleaning automobiles, employing either mechanical devices or a manual assembly line.

CAVERN

A subterranean cavity or cave produced by dissolution of limestone or dolomite.

CELLULAR TELEPHONE

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.

CERTIFICATE OF OCCUPANCY

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.

CERTIFIED PLAN

A plan prepared and sealed by a licensed engineer, licensed surveyor or licensed architect.[5]

CLEAR CUTTING

A forestry method that removes 80% or more of the major trees from a lot or portion of any woodlands located on a lot.

CLOSED DEPRESSION

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.

CLUB, LODGE or SOCIAL BUILDING

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.

CLUSTER DEVELOPMENT

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.

COLLOCATION

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]

COMMERCIAL COMMUNICATIONS FACILITY (CCF)

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]

COMMERCIAL MOTOR VEHICLE

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.

COMMERCIAL OUTDOOR RECREATION

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.

COMMUNITY CENTER

A recreation, social or educational center open to the public and operated by a nonprofit organization or governmental body.

COMPREHENSIVE PLAN

The Official Comprehensive Plan for Lower Saucon Township.

CONDITIONAL USE

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.

CONVENIENCE SHOPPING CENTER

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.

CONVERSION

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.

CORNER LOT

A lot with two adjacent sides abutting streets or other public spaces.

COVERAGE

See "impervious surface."

[Amended 4-6-2005 by Ord. No. 2005-01]

CRAFT SHOP

A retail commercial establishment for sale of items crafted on the premises.

CULTURAL CENTER

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.

CURATIVE AMENDMENT

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.

DAS or DISTRIBUTED ANTENNAE SYSTEM

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]

DAY-CARE CENTER

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.

DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)

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.

DENSITY

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.

DEVELOPER

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.

DIP

The angle that a geologic surface makes with the horizontal surface. It is measured perpendicular to the strike of the surface.

DISAPPEARING STREAMS

Streams that empty completely into a sinkhole or cavern.

DORMITORY

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.

DRIVE-IN FACILITY

A facility which, by design, permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicle.

DRIVE-IN RESTAURANT

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.

DRUG REHABILITATION/MENTAL HEALTH FACILITY

A facility licensed or approved for the treatment and rehabilitation of individuals from drug addiction or mental illness.

DWELLING, GARDEN APARTMENT

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.

DWELLING, SINGLE-FAMILY ATTACHED (commonly known as a "townhouse")

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.

DWELLING, SINGLE-FAMILY DETACHED

A building, having its own lot, designed exclusively for residential occupancy by one family. The dwelling is surrounded by open space and/or yards.

DWELLING, SINGLE-FAMILY SEMIDETACHED (commonly known as a "duplex" or "twin")

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.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

EASEMENT

A right of use over property of another.

ECOSYSTEM

A dynamic, biotic community together with the nonliving physical environment which supports it.

[Added 4-6-2005 by Ord. No. 2005-01]

EDUCATIONAL INSTITUTION

A public or private school, academy or college, certified or accredited, but not including nursery school, day-care center or trade school.

EDUCATIONAL INSTITUTION, ACCREDITED

Any school licensed by the state and which meets the state requirements for primary, secondary or higher education.[7]

ELIGIBLE FACILITIES REQUEST

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]

The collocation of new transmission equipment or nontower CCF;

Removal of transmission equipment or nontower CCF; or

ENVIRONMENTAL HAZARD SURVEY FORM

Replacement of transmission equipment or nontower CCF. This does not include the replacement of the tower or base station.

EMERGENCY

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]

EMPLOYEE

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.

ENGINEER

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.

ENVIRONMENTALLY SENSITIVE WOODLAND

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]

EPA

The Federal Environmental Protection Agency.

EQUIVALENT DWELLING UNIT (EDU)

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.

ESCORT

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.

ESCORT AGENCY

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.

ESSENTIAL UTILITIES

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.

ESTABLISHMENT

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

FLOOD (ONE-HUNDRED-YEAR FLOOD)

The relocation of any adult-oriented establishment.

EXTENDED-CARE FACILITY

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.

FAMILY

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]

FAMILY DAY-CARE CENTER

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.

FAULT

A surface or zone of rock fracture along which there has been noticeable movement.

FCC

Federal Communications Commission.

[Added 11-16-2016 by Ord. No. 2016-06]

FENCE

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]

FLOOD-FRINGE

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.

FLOODPLAIN AREA

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]

HAZARDOUS AND TOXIC SUBSTANCES

Land identified as "floodplain" on the Township Zoning Map within the Floodplain District.

[Added 4-6-2005 by Ord. No. 2005-01]

FLOODPLAIN SOILS

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]

FLOODPROOFING

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.

FLOODWAY

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.

FLOOR

A level of a building accessible to humans having an average vertical clearance 6 feet or greater shall be considered a floor.

FLOOR AREA

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.

FORESTER

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.

FORESTRY

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.

FRACTURE TRACES

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.

GARAGE, PRIVATE

An accessory structure for the storage of passenger motor vehicles without provision for repairing or servicing such vehicles for profit.

GASOLINE SERVICE STATION

A place where gasoline, along with other equivalent fuel for motor vehicles, is retailed directly from pumps and storage tanks to the public.

GEOLOGIST

A professional geologist, licensed as such in the Commonwealth of Pennsylvania.

GHOST LAKES

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.

GOLF COURSE

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.

GOVERNMENTAL USES

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.

GREENHOUSE

A building used to conduct the business of growing and/or selling of trees, shrubs, flowers, vegetables, etc.

GROSS SITE AREA

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]

GROUP HOME

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.

HAZARDOUS MATERIAL

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).

HAZARDOUS SUBSTANCE SURVEY FORM

International Agency for Research on Cancer Monographs (latest edition).

(5)

Commonwealth of Pennsylvania, Department of Labor and Industry, Hazardous Substance List (latest edition).

(6)

"Hazardous substances" defined pursuant to Section 311 of the Federal Clean Water Act.

(7)

"Toxic materials" defined pursuant to Section 307 of the Federal Clean Water Act.

(8)

"Hazardous wastes" defined pursuant to Chapter 75 of DEP Rules and Regulations.

(9)

"Hazardous wastes" defined pursuant to Section 101 of the Federal Resource Conservation and Recovery Act.

(10)

"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.

HEDGE

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]

HEIGHT OF BUILDINGS OR STRUCTURE

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.

HEIGHT OF TOWER

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.

HOME PROFESSIONAL OFFICE/OCCUPATION

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.

HOSPICE

A facility that provides support services for terminally ill persons, but that does not primarily involve highly skilled medical care. Such use may occur within a hospital, nursing home, extended care facility, or a standalone residential hospice facility.

[Added 1-21-2004 by Ord. No. 2004-01]

HOSPITAL or MEDICAL CENTER

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.

HOTEL

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.

IMPERVIOUS COVER

See "impervious surface."

[Amended 4-6-2005 by Ord. No. 2005-01]

IMPERVIOUS SURFACE

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]

IMPERVIOUS SURFACE RATIO

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]

INDUSTRIAL USE

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.

INVASIVE SPECIES

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]

KARST

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.

KENNEL

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.

LAKE AND POND BUFFERS

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]

LAKES and PONDS

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]

LAND DEVELOPMENT

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:

[1]

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

[2]

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.

(c)

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.

(d)

The diversion or piping of any natural or man-made stream channel.

(e)

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

LANDFILL (including waste disposal facilities)

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.

LARGE VOLUME SPRAY IRRIGATION SEWAGE DISPOSAL SYSTEM

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.

LARGE VOLUME SUBSURFACE SEWAGE DISPOSAL SYSTEM

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.

LINEAMENTS

Linear topographic features that are structurally controlled, thereby revealing faults, joints or fissures in the bedrock.

LOADING SPACE

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.

LOT

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.

LOT AREA

The area contained within the lot lines, excluding space within all road existing or future rights-of-way.

LOT DEPTH

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.

LOT LINE

A line dividing one lot from another or from a street or any public places.

LOT LINE, FRONT

The street right-of-way line at the front of a lot. Also see definition for "right-of-way line."

LOT LINE, REAR

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.

LOT LINE, SIDE

Any lot line which is not a street right-of-way line or a rear lot line.

LOT WIDTH

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]

MANUFACTURED HOME

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]

MEDICAL OFFICE

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.

MINERAL EXTRACTION

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.

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.

MINIMUM LOT AREA

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.

MOBILE HOME

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.

MOBILE HOME LOT

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.

MOBILE HOME PARK

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.

MODIFICATION

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]

MONOPOLE

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]

MOTEL

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.

MOTOR VEHICLE REPAIR SHOP

A building, structure or enclosure in which the general business of repairing motor vehicles is conducted, including a public garage.

NET BUILDABLE SITE AREA

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]

NONCONFORMING LOT

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]

NONCONFORMING STRUCTURE

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.

NONCONFORMING USE

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.

NONTOWER COMMERCIAL COMMUNICATIONS FACILITY (NONTOWER CCF)

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]

NUDE MODEL STUDIO

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

NUDITY or A STATE OF NUDITY

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.

NURSERY

A business which grows, for sale, trees, shrubs and flowers, but not including forestry activities.

NURSERY SCHOOL

See "day-care center."

NUTRIENT MANAGEMENT PLAN

A document applicable to agricultural properties which describes the storage, handling and application of fertilizers, including manure, related to agricultural production.

OCCUPANCY PERMIT

See "certificate of occupancy."

OFFICIAL MAP

A map adopted by ordinance pursuant to Article IV of the Municipalities Planning Code, Act 247, as amended (53 P.S. § 10401 et seq.).[13]^,[14]

OPEN SPACE, COMMON

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.

OVERLAY ZONE

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.

PARKING SPACE

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.

PERSON

An individual, proprietorship, partnership, corporation, association, or other legal entity.

PERSONAL SERVICE

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.

PESTICIDE MANAGEMENT PLAN

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.

PETS

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.

PINNACLES

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.

POLLUTION INCIDENT PREVENTION (PIP) PLAN

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.

PREPAREDNESS, PREVENTION AND CONTINGENCY (PPC) PLAN

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.

PRINCIPAL BUILDING STRUCTURE OR USE

The primary building, structure or use which is conducted on a lot.

PRIVATE CLUB and LODGE

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.

PROFESSIONAL OFFICE

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.

PROTECTED PUBLIC WATER SUPPLY WELL

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.

PUBLIC FACILITIES

See "governmental uses."

PUBLIC NOTICE

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.

PUBLIC SEWAGE SYSTEM

A sewage disposal system or parts thereof owned, leased from or operated by a municipality or public authority.

PUBLIC UTILITY

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.

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.

PUBLIC WATER SUPPLY

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.

RECREATIONAL VEHICLE

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.

RECREATION FACILITY

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.

REPLACEMENT

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]

RESIDENTIAL HOSPICE FACILITY

See "hospice."

[Added 1-21-2004 by Ord. No. 2004-01]

RESOURCE PROTECTION LAND

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]

RESTAURANT, SIT-DOWN

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.

RETAIL STORE

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.

RETENTION POND

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.

RIDING STABLE

A shelter for horses, which may contain facilities for horseback riding.

RIGHT-OF-WAY

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]

RIGHT-OF-WAY, EXISTING

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]

RIGHT-OF-WAY LINE

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.

RIGHT-OF-WAY, REQUIRED

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]

RIPARIAN AREA

Land within the required wetland buffer, riparian buffer, or lake or pond buffer.

[Added 9-15-2010 by Ord. No. 2010-05]

RIPARIAN AREA PROTECTION AND/OR MANAGEMENT ACTIVITIES

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]

RIPARIAN BUFFER

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]

ROCK OUTCROPS

A portion of bedrock parent material exposed to the surface of the ground for an area in excess of 20 square feet.

ROOMING HOUSE

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.

SALVAGE YARD

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.

SARA TITLE III OFF-SITE PLAN

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.

SARA TITLE III TIER I & TIER II REPORTS

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.

SATELLITE DISH

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]

SCREENING

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]

SEMINUDE or IN A SEMINUDE CONDITION

The state of dress in which clothing partially or opaquely covers specified anatomical areas.

SEWAGE

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.

SEWAGE DISPOSAL SYSTEM

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.

SEWAGE ENFORCEMENT OFFICER (SEO)

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.

SEWAGE SLUDGE

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.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

SPECIFIED ANATOMICAL AREAS

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.[16]

SINKHOLES

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.

SITE PLAN

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.

SOIL MOTTLING

Said of a soil that is irregularly marked with spots or patches of different tonal quality, usually indicating poor drainage.

SOIL SCIENTIST

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).

SPECIAL EXCEPTION

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.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN

Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) and (2) above.

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.

SPILL PREVENTION RESPONSE (SPR) 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.

STEEP SLOPES

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]

STORAGE OF HAZARDOUS MATERIAL

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.

STORAGE TANK, ABOVEGROUND

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.

STORAGE TANK, UNDERGROUND

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.

STORAGE YARDS AND BUILDINGS

A building or yard used for the storing of goods or materials.

STREET

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.

STRUCTURE

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."

SUBDIVISION

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.

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGED

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.

(c)

The installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets.

(d)

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.

(c)

The installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets.

(d)

The installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets.