Township of Tredyffrin, PA Article II Terminology

[Amended 6-16-1980 by Ord. No. HR-48; 1-5-1981 by Ord. No. HR-54; 8-15-1983 by Ord. No. HR-76; 2-27-1984 by Ord. No. HR-80; 3-18-1985 by Ord. No. HR-90; 10-5-1987 by Ord. No. HR-112; 12-18-1989 by Ord. No. HR-135; 5-6-1991 by Ord. No. HR-165; 8-19-1991 by Ord. No. HR-170; 12-3-1991 by Ord. No. HR-187; 6-21-1993 by Ord. No. HR-205; 6-21-1993 by Ord. No. HR-206; 4-4-1994 by Ord. No. HR-226; 12-12-1994 by Ord. No. HR-236; 10-6-1997 by Ord. No. HR-262; 12-15-1997 by Ord. No. HR-265; 9-14-1998 by Ord. No. HR-277; 10-19-1998 by Ord. No. HR-278; 9-18-2000 by Ord. No. HR-289; 5-1-2006 by Ord. No. HR-352]

§ 208-6 Definitions; word usage.

A. Meanings of words. Unless otherwise expressly stated, the following words and phrases shall, for the purpose of this chapter, have the meanings herein given.

(1) The present tense includes all other tenses; the singular includes the plural, and the plural includes the singular; the word "occupy" includes the words "designed or intended to be occupied"; the word "used" includes the words "arranged, designed or intended to be used"; the word "person" includes any individual, estate, trust, fiduciary, partnership, association, corporation or any other organization or entity, including the principal officers thereof or any person or entity acting directly or indirectly by, through or under any of the foregoing; the word "shall" is always mandatory; and the word "may" is always permissive. The words "as amended from time to time" and the like as applied to any statute, ordinance, code, regulation, plan or map includes replacements, supplements or restatements thereof; and reference to a particular article, section or subsection which inherently refers to other articles, sections or subsections includes all articles, sections or subsections referred to.

(2) The word "Township" means Tredyffrin Township, Chester County, Pennsylvania; the term "Board of Supervisors" means the Board of Supervisors of Tredyffrin Township; the term "Planning Commission" means the Planning Commission of Tredyffrin Township; and the term "Zoning Hearing Board" means the Zoning Hearing Board of Tredyffrin Township.

(3) The terms "approval by the Township" shall mean approval by the Board of Supervisors or by the Planning Commission as provided in this chapter.

(4) The terms "such as," "including," and the like, are intended to introduce matters which are illustrative of the meaning of the sentence, clause or phrase in which such terms appear without limiting or derogating from the general application of the sentence, clause or phrase in which such terms appear.

B. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

The cessation of a use of a property (land and/or structures) by the landowner for a period of one year or more.

ABSORPTIVE SOUND BARRIERS

A man-made wall or structure:

[Added 8-14-2006 by Ord. No. HR-355]

(1) With a sound absorption coefficient ("NRC") of l.00 or greater as defined by ASTM c-423; and

(2) With a sound transmission loss ("STC") of 35 dB or greater as defined by ASTM E-90-70.

ACCESSORY BUILDING or STRUCTURE

A building subordinate to and detached from the principal building on a lot, used for purposes customarily incidental to those of the principal building, such as signs, barns, garages, sheds, fencing, walls, tennis courts, basketball courts, swimming pools, and the like, and not to be used for residential purposes unless such building was originally designed for residential uses, as in conjunction with an institution.

ACCESSORY USE

A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of land or of a building on the same lot.

AGE-TARGETED HOUSING

A development of dwelling units of three bedrooms or less which, by floor plans and exterior maintenance by a homeowners association, is generally more attractive to older adults. At least 50% of the units in any development shall have either a first-floor master bedroom or provide the option of elevator access to the upper floors of the dwelling, An age-targeted housing community may be voluntarily restricted to active adult housing but is not required to do so. The homeowners association declaration for an age-targeted community shall specifically include the requirements and restrictions of this definition.

[Added 10-1-2012 by Ord. No. HR-396]

AGRICULTURAL USE

A principal use involving the cultivating of the soil, the raising, keeping and/or training of livestock and/or poultry and the harvesting of products of the soil. The term "agricultural use" includes farming, animal husbandry, riding academy, horticulture and forestry.

AIRPORT

An area of land or water which is used, or intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with airport buildings and facilities thereon. The term includes heliports and public airports.

ALTERATION

Any change in the exterior or structural portion of a building; any change to or in a building which would alter its zoning use classification; or any change which would alter the type or method of sewage disposal system.

AMATEUR RADIO ANTENNA

An antenna used in the sending and receiving of amateur radio service communications in the form of electromagnetic waves and as authorized by the issuance of an amateur radio license by the Federal Communications Commission ("FCC"), provided that the transmission and reception of such electromagnetic waves is compliant with all FCC regulations.

[Added 2-21-2017 by Ord. No. HR-414]

AMATEUR RADIO ANTENNA SUPPORT STRUCTURE

Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an amateur radio antenna.

[Added 2-21-2017 by Ord. No. HR-414]

AMATEUR RADIO SERVICE COMMUNICATIONS

A radio communication service owned and operated by an amateur radio operator licensed by the FCC solely for personal, and not pecuniary, interest.

[Added 2-21-2017 by Ord. No. HR-414]

AMUSEMENT AND RECREATION SERVICES

Establishments engaged in providing entertainment for a fee, including such activities as dance halls, studios, theatrical productions, bands, orchestras and other musical entertainment; bowling alleys and billiard and pool establishments; commercial facilities such as arenas, rings, rinks and racetracks; public golf courses and driving ranges; coin-operated devices, amusement parks, membership sports and health clubs, swimming pools, riding academies, carnival operations, expositions, game parlors and horse rides.

ANTENNA

A device used to transmit and/or receive radio waves between terrestrially and/or orbitally based structures. See "communications antenna."

APARTMENT

One or more rooms with a private bath and kitchen facilities designed for and occupied exclusively as a residence for only one family, in a building containing at least one additional independent use.

APARTMENT, ACCESSORY

One dwelling unit which is incidental and subordinate to the principal use of a building on a lot which may be either a separate living unit for a member of the family or other relatives, servants or caretakers in a residence or one dwelling unit in conjunction with the principal nonresidential use of a building.

APARTMENT HOUSE

See "dwelling multifamily."

ARTERIAL HIGHWAY

A street that connects and distributes traffic to and from minor arterials, with access control, channelized intersections and restricted parking. Major arterials carry regional traffic between communities and are listed in the Comprehensive Plan.

ASSISTED LIVING FACILITY

Residences for the elderly that provide rooms, meals, personal care and supervision of self-administered medication. Services may also include recreational activities, financial services and transportation.

AUTOMOBILE SERVICE STATION

Any building, land area or other premises, or other portion thereof, used for retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar vehicle accessories.

A-WEIGHTED SOUND LEVEL

The sound pressure level in decibels as measured on a federally approved and calibrated sound level meter using the A-weighting scale. The level so read is designated dB(A) or dBA.

[Added 8-14-2006 by Ord. No. HR-355]

AWNING

A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and is periodically retracted into the face of the building.

BASE FLOOD

A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or the "one-percent-annual-chance flood).

[Added 10-16-2017 by Ord. No. HR-417]

BASE FLOOD ELEVATION (BFE)

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.

[Added 10-16-2017 by Ord. No. HR-417]

BASEMENT

An enclosed area of a building partly or completely below grade; provided, however, for purposes of Article V of this chapter, "basement" is defined as any area of the building having its floor below ground level on all sides.

[Amended 10-16-2017 by Ord. No. HR-417]

BED-AND-BREAKFAST

A building used for the purpose of furnishing temporary lodging to guests, together with food service to such guests, limited to breakfast and sometimes lunch or afternoon tea, prepared and served on site only to such guests and having an owner or manager in residence on the property. Such temporary lodging would normally be for a few nights and typically would not exceed a week.

BOARDER

A nontransient individual other than a member of the family occupying, along with the principal occupants, a dwelling or part thereof who, for consideration, is furnished sleeping accommodations and may be furnished meals or kitchen privileges.

BUFFER AREA

Land adjacent to the boundary of a property or district and on which is placed year-round shrubbery, hedges, evergreen trees or other suitable plantings of sufficient height and density to constitute a visual shield and give protection from noise, lights or other nuisances to an abutting property or district.

BUILDING or STRUCTURE

Any combination of materials for which a building permit is required by Chapter 80, Building Construction, of the Tredyffrin Township Code; any combination of materials forming any structure, whether or not affixed to the land, designed, intended or arranged for the housing, sheltering, enclosure or structural support of any persons, animals, process, equipment, goods, materials or property of any kind, including all manufactured homes, recreational vehicles and trailers to be used for human habitation; mechanical equipment; and decks, walls and/or fences if more than four feet in height. Notwithstanding the foregoing, for purposes of Article V of this chapter, a "structure" is defined as a walled and roofed building, including a gas or liquid storage tank that is principally above ground.

[Amended 10-16-2006 by Ord. No. HR-357; 10-16-2017 by Ord. No. HR-417]

BUILDING AREA

The ground utilized by the buildings on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches from the walls of the building, steps, patios, one-story open decks and porches, bay windows and balconies not extending through more than one story and not projecting more than five feet from the wall of the buildings, balconies and terraces.

BUILDING COVERAGE

That portion or percentage of the lot area covered by a principal or accessory building or buildings, including parking structures. See "lot area."

BUILDING HEIGHT

See "height of building."

BUILDING LINE

The line which establishes the minimum depth of front yard for the particular district as measured from the right-of-way line. In the case of a flag or irregular lot, the building line is measured at the point at which the lot first obtains the minimum lot width.

BULK

The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines. The term may include the size, height and floor area of buildings or other structures; and all open areas in yard space relating to buildings and other structures.

BUS SHELTER

See "public transportation shelter."

CALIPER

The diameter of a tree trunk at a point six inches from the ground surface at the center of the base of the tree.

CAPTURE AND REUSE SYSTEM

A structural system that intercepts, diverts, stores, and releases stormwater runoff for future use. Capture and reuse systems can be used for landscaping irrigation during dry weather, nonpotable water uses, and on-site stormwater disposal.

[Added 10-1-2012 by Ord. No. HR-396]

CAR WASH

Any building or premises used for washing motor vehicles.

CARBONATE GEOLOGIC AREAS

Areas underlain by the limestones and dolomites (calcium carbonate and magnesium carbonate).

CELLULAR TOWER SITE

A parcel of land containing a tower, sending and receiving antennas attached to the tower or a prefabricated or modular structure or cabinets containing electronic equipment; a Federal Communications Commission (FCC) licensed facility, designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communication devices and equipment. For purposes of this chapter, amateur radio transmission facilities and facilities used exclusively for receive-only antennas are not classified as cellular telecommunications towers and facilities.

CEMETERY

Property used for the interment of the dead.

CERTIFIED ARBORIST

An individual with a degree in arboriculture, horticulture, forestry, landscape architecture, silviculture or plant physiology and having been trained in and having experience in the care and preservation of trees, who is certified by the International Society of Arboriculture and a member of that organization and/or of the National Arborists Association.

CHANNEL

A natural or artificial watercourse that conveys, continuously or periodically, flowing water. Channels include, but shall not be limited to, natural and human-made drainageways, swales, streams, ditches, canals, and pipes flowing partly full.

[Added 10-16-2017 by Ord. No. HR-417]

CHURCH

See "place of worship."

CLINIC

An establishment where patients are admitted for examination and treatment on an outpatient basis by physicians, dentists and other medical personnel, psychologists or social workers and where such examination and treatment generally require a stay of less than 24 hours.

CLUB OR LODGE

A noncommercial social, professional or philanthropic organization characterized by the payment of dues, regular meetings and a constitution and bylaws. A building is used for club or lodge purposes when it serves as a meeting place for such organization and is not an adjunct to or operated by or in connection with a public tavern, cafe or other commercial or public place, although it may be used for recreational and/or dining facilities limited to the membership and their guests.

CLUSTER SUBDIVISION

A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active recreation or the preservation of environmentally sensitive areas.

COLLECTOR ROAD

A street that collects traffic from local streets and connects with minor and major arterials. Collector streets generally carry traffic from within, but usually not between, neighborhoods and are listed in the Comprehensive Plan.

COMMERCIAL DROPOFF AND PICKUP BOXES

Portable structures such as boxes for delivery service, newspaper vending machines or other like structures.

COMMERCIAL USE

See "use, commercial."

COMMON OPEN SPACE

See "open space, common."

COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, including those owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such devices. This definition shall not include private residence-mounted satellite dishes less than or equal to two feet in diameter or residential television antennas.

[Amended 2-21-2017 by Ord. No. HR-414]

COMMUNICATIONS EQUIPMENT BUILDING

An unstaffed building or cabinet containing communications equipment required for the operation of communications antennas.

COMMUNICATIONS TOWER

A structure such as a lattice tower, monopole tower, self-supporting or guyed tower designed and used to support communications antennas.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

[Added 10-16-2006 by Ord. No. HR-357]

CONDITIONAL USE

A use permitted in a particular zoning district only when specific standards and criteria are met. Conditional uses are authorized or denied by the Board of Supervisors after review and recommendation by the Planning Commission as provided in § 208-117.

CONFERENCE CENTER

A facility used for conferences and seminars, which may include accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health center and retail stores and services primarily for conference center guests.

CONSERVATION AREA

Environmentally sensitive areas with characteristics such as steep slopes, wetlands, floodplains, high water tables, forest areas, endangered species habitat or areas of significant biological productivity or uniqueness that have been designated for protection from any activity that would significantly alter their ecological integrity, balance or character.

CONVENIENCE STORE

A retail establishment selling primarily food products, household items, newspapers and magazines, candy and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption.

CUL-DE-SAC

A street, including but not limited to streets that end in a circular turnaround or a loop, which has only one point of intersection with an existing road.

[Added 12-7-2015 by Ord. No. HR-412]

DAY-CARE CENTER

An establishment providing for the care, supervision and protection of children or for the elderly and/or functionally impaired adults for part of a twenty-four-hour day.

DAYTIME

Between the hours of 6:00 a.m. and 8:00 p.m.

[Added 8-14-2006 by Ord. No. HR-355]

DECIBEL (dB)

A unit for measuring the volume of a sound equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

[Added 8-14-2006 by Ord. No. HR-355]

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

[Amended 10-16-2006 by Ord. No. HR-357]

DEVELOPMENT TRACT

The gross area within all boundary property lines of a parcel, site, piece of land, or property that is the subject of a development application.

[Added 9-10-2007 by Ord. No. HR-360]

DISTRIBUTION CENTER

An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle.

DISTURBANCE OF VEGETATIVE COVER

Removal, destruction or damaging of plants, including trees, shrubs and herbaceous growth, by methods including but not limited to cutting, bulldozing, plowing, regrading, digging or intensive use of herbicides (in which selective species are intended to be eradicated or in which the intent is to totally defoliate). This definition excludes routine trimming or pruning for health maintenance of the plants (for example, removal of diseased material, cutting back of dead limbs, etc.).

DORMITORY

A building used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, convent, monastery or similar institutional use.

DRIVE-IN/DRIVE-THROUGH USE

A facility allowing transactions for goods or services without leaving a motor vehicle.

DRUGSTORE

A store for the sale of prescription and nonprescription drugs, medicines, medical devices and supplies.

DUMP

A land site used primarily for the disposal by dumping, burial, burning or other means and for whatever purposes of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof and other waste, scrap or discarded material of any kind.

DUPLEX

A building on one lot containing two single-family dwelling units with one family living adjacent to the other or living wholly or partially above the other. See "dwelling, two-family detached."

DWELLING

A building or entirely self-contained portion thereof, including a modular or mobile home, containing complete living quarters, including cooking in one kitchen, sleeping and sanitary facilities, and designed for and occupied exclusively for human habitation.

(1) DWELLING, SINGLE-FAMILY A building on one lot containing one dwelling unit.

(a) DWELLING, SINGLE-FAMILY DETACHED A one-family dwelling which is not attached to any other dwelling by any means and is surrounded by open space or yards on all sides.

(b) DWELLING, SINGLE-FAMILY SEMIDETACHED (or TWIN) A one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot, and having open space on three sides.

(c) DWELLING, SINGLE-FAMILY ATTACHED (or ROW or TOWNHOUSE) A one-family dwelling in a row of at least three such units in which each unit has its own ground floor access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common vertical walls and has open space on at least two sides.

(2) DWELLING, TWO-FAMILY A building on one lot designed for and occupied exclusively for two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

(a) DWELLING, TWO-FAMILY DETACHED (or DUPLEX) A two-family dwelling on one lot with one family living adjacent to the other or living wholly or partially above the other and having open space on at least three sides.

(b) DWELLING, TWO-FAMILY SEMIDETACHED (or QUAD) A two-family dwelling on one lot with one family living wholly or partially above the other and having one or more party walls in common with a similar two-family dwelling on an adjacent lot and having open space on three sides.

(c) DWELLING, TWO-FAMILY ATTACHED A two-family dwelling with one family living wholly or partially above the other having one or more party walls in common with at least two other dwellings on adjacent lots and having open space on at least two sides.

DWELLING, COMPATIBLE MULTIFAMILY OR APARTMENT HOUSE

A building on one lot designed for and occupied exclusively for three or more dwelling units, each dwelling unit occupied by one family, including, but not limited to, a building which is owned and operated as a condominium under the Pennsylvania Uniform Condominium Act,[1] said use being auxiliary to a health club and/or full-service hotel having a minimum gross floor area of 75,000 square feet and a minimum of 25,000 square feet of active indoor and outdoor amenities inclusive of fitness facilities, swimming pool and cafe/restaurant which has an existing management agreement, common control or common ownership with the compatible multifamily dwelling or apartment house at the time of submission of a land development application and which may also include complimentary office use by residents of the compatible multifamily dwelling or apartment house.

[Added 12-5-2022 by Ord. No. HR-461]

DWELLING, MULTIFAMILY or APARTMENT HOUSE

A building on one lot designed for and occupied exclusively for three or more dwelling units, each dwelling unit occupied by one family, including a building which is owned and operated as a condominium under the Pennsylvania Uniform Condominium Act.[2]

DWELLING, MULTI-USE DEVELOPMENT

A development designed for both residential and commercial uses. Commercial uses, such as retail stores, personal service establishments, and restaurants, must be located on the ground floor along any arterial or collector street frontage. Dwelling units may be located above the ground floor or behind nonresidential uses on the ground floor.

[Added 12-2-2013 by Ord. No. HR-399]

DWELLING UNIT

A building, or a portion of a building, that has independent living facilities with provisions for sleeping, cooking, and sanitation and that is designed for occupancy by one family. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units unless the additional cooking facilities are clearly accessory, such as an outdoor grill.

EASEMENT

A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.

ELECTRIC SUBSTATION

An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics.

EMERGENCY

Any occurrence or act of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

[Added 8-14-2006 by Ord. No. HR-355]

EMERGENCY WORK

Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

[Added 8-14-2006 by Ord. No. HR-355]

ENLARGEMENT

An addition to the floor area or an increase in size or volume of an existing structure, an increase in the area of a parcel which is occupied by an existing use, or an increase in the intensity of a use as a result of increased parking, traffic generation, sewage disposal system or other impacts on surrounding land uses, existing or permitted by zoning.

EQUIVALENT A-WEIGHTED SOUND LEVEL (Leq)

The constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound.

[Added 8-14-2006 by Ord. No. HR-355]

EQUIVALENT MEASUREMENT SYSTEMS

For the purposes of this section, and excluding impulsive sound, as defined herein, all measurements and designations of sound levels shall be expressed in daytime or nighttime average sound levels (Ld or Ln).

[Added 8-14-2006 by Ord. No. HR-355]

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

[Added 10-16-2006 by Ord. No. HR-357]

FAMILY

One or more persons related to each other by blood, legal adoption or guardianship, marriage or otherwise by law, or who are living in a group home, who are occupying the same dwelling unit and are living and cooking together as a single noncommercial housekeeping unit, exclusive of household employees. Apart from the foregoing, not more than three persons not so related to any other person occupying the same dwelling or part thereof, each having equal ownership or lessee status, living and cooking together as a single noncommercial housekeeping unit, shall be deemed to constitute a family. A "family," as herein defined, specifically excludes boarders, roomers, lodgers, hotel or motel guests, short-term rentals users, club members or any similar group, cooperative or commercial living arrangements.

[Amended 1-18-2022 by Ord. No. HR-447]

FARM

A parcel of land used for agricultural operations.

FENCE

An artificially created barrier intended to prevent escape or intrusion, to obscure visibility or mark a boundary.

(1) FENCE, SECURITY Any fence topped or intertwined with barbed wire, concertina wire or similar material used as an obstacle to deter intrusion or escape.

FITNESS CENTER

An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms and lockers.

FLOOD

A temporary inundation of normally dry land areas. A temporary condition of partial or complete inundation of land areas from the overflow of streams, rivers and other waters of this commonwealth.

[Amended 10-16-2006 by Ord. No. HR-357]

(1) FLOOD, ONE-HUNDRED-YEAR A flood that, on average, is likely to occur once every one hundred years (i.e., a flood that has one chance in 100 or a one-percent chance of occurring each year), although the flood may occur in any year.

[Amended 10-16-2006 by Ord. No. HR-357]

FLOOD ELEVATION, REGULATORY

The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

[Added 10-16-2006 by Ord. No. HR-357]

FLOOD FRINGE

Those portions of land within the Flood Hazard District subject to inundation by the one-hundred-year flood, lying beyond the floodway.

FLOOD HAZARD DISTRICT AREA

The land within the Township designated as Flood Hazard District Area pursuant to § 208-14.1.

[Amended 10-16-2017 by Ord. No. HR-417]

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the Township.

[Added 10-16-2017 by Ord. No. HR-417]

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

[Added 10-16-2017 by Ord. No. HR-417]

FLOODPLAIN

Any land area susceptible to inundation by water from any natural source or as delineated by the applicable Department of Housing and Urban Development Federal Emergency Management Agency (FEMA) Flood Hazard Boundary Map as being a special flood hazard area.

[Amended 10-16-2006 by Ord. No. HR-357]

FLOODPLAIN AREA

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse, and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

[Added 10-16-2006 by Ord. No. HR-357]

(1) FLOODPLAIN AREA, IDENTIFIED The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood.

[Added 10-16-2006 by Ord. No. HR-357]

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

[Added 10-16-2006 by Ord. No. HR-357]

FLOODWAY

The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purpose of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude. The channel of a watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the one-hundred-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by the Federal Emergency Management Agency (FEMA). In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top-of-bank.

[Amended 10-16-2006 by Ord. No. HR-357]

FLOOR AREA

The sum of the horizontal areas of a building or part thereof enclosed by outside walls, fire walls or party walls of the principal and accessory buildings.

(1) FLOOR AREA, GROSS The sum of the horizontal areas of all floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including any space where the average floor-to-ceiling height is less than six feet.

(2) FLOOR AREA, HABITABLE The floor area within outside walls, exclusive of basements and open porches and excluding garages and accessory buildings and, in the case of a single-family detached, single-family semidetached, two-family detached or two-family semidetached dwelling, exclusive of the areas above the second floor.

FLOOR AREA RATIO

Floor area divided by gross tract area net of existing utility and road rights-of-way.

[Added 9-10-2007 by Ord. No. HR-360]

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

FRATERNITY or SORORITY HOUSE

A dwelling or dwelling unit maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with an academic or professional college, university or other institution of higher learning.

FREEBOARD SAFETY FACTOR

A vertical distance between the elevation of the high water and the top-of-bank of any watercourse. The space is required as a safety margin in a watercourse.

[Added 10-16-2017 by Ord. No. HR-417]

FRONTAGE

That side of a lot abutting on a street; a front lot line.

GAMING and GAMBLING

The dealing, operating, carrying on, conducting, maintaining or exposing for pay of any game.

GARAGE

A deck, building or parking structure, or part thereof, used or intended to be used for the parking or storage of vehicles.

(1) GARAGE, PRIVATE A building accessory to a single-family or two-family dwelling, for the storage of one or more motor vehicles owned and used by the owner or tenant or member of their households, of the lot on which it is erected for a purpose accessory to the use of the lot.

(2) GARAGE, PUBLIC A building, other than a private or a storage garage, one or more stories in height, used for the storage or repair of motor vehicles.

(3) GARAGE, REPAIR Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

(4) GARAGE, STORAGE A building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (not trucks) but not for the sale, service or repair of motor vehicles.

GASOLINE STATION

See "automobile service station."

GREEN ROOF (also known as "VEGETATED ROOF" or "ECO ROOF")

Alternative roof surfaces that typically consist of waterproofing and drainage materials and an engineered growth media that is designed to support plant growth. Green roofs capture and temporarily store stormwater runoff in the engineered growth media before it is conveyed to the storm system. A portion of the captured stormwater evaporates or it is taken up by plants, which helps reduce runoff volumes, peak runoff rates and pollutant loads on development sites.

[Added 10-1-2012 by Ord. No. HR-396]

GROCERY STORE

Any fixed facility in which food or drink is sold primarily for off-premises preparation and consumption.

GROUP HOME

A nonprofit or for-profit home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation.

HEALTH CARE FACILITY

A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions.

HEALTH CLUB

An establishment that provides health and fitness facilities such as running, jogging, aerobics, weight lifting, court sports, and swimming, and may include ancillary facilities such as locker rooms, showers, massage rooms, saunas, sales of related health equipment and clothing, juice bars, and other related uses.

[Amended 12-2-2013 by Ord. No. HR-399]

HEIGHT OF BUILDING

A building's vertical measurement from the mean level of the ground surrounding the building to the top of the highest roof beams of a flat roof, or to the mean level of a sloped roof spires, towers, elevator penthouses, mechanical equipment, tanks, satellite dishes, antennas and similar projections shall be included in calculating the height. Chimneys shall be excluded in calculating the height of a building.

[Amended 10-10-2023 by Ord. No. HR-473]

HEIGHT OF COMMUNICATIONS TOWER

The vertical distance measured from the mean level of the ground surrounding the tower to the highest point of the structure, including any antenna affixed thereto.

HELIPORT

An area to accommodate all phases of operation of rotor-wing aircraft (helicopters) with suitable space to allow development of services facilities.

HELISTOP

An area on a roof or on the ground to accommodate touchdown and liftoff of rotor-wing aircraft (helicopters) for the purposes of picking up and discharging passengers or cargo. Such area shall have sufficient space to accommodate all required safety controls, but in no case shall service facilities be provided.

HISTORIC STRUCTURE

Any structure that is:

[Added 10-16-2006 by Ord. No. HR-357; amended 10-16-2017 by Ord. No. HR-417]

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4) Identified as a Historical Resource in Chapter 208, Article XXIVA of the Code of Tredyffrin Township.

HOME-BASED BUSINESS, LOW-IMPACT

Any activity carried out for financial gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling which does not change the character thereof. Low-impact home occupations include dressmaking, millinery, upholstery, furniture-refurbishing (excluding paint stripping operations) or similar handicrafts; professional studios or offices of an architect, physician, dentist, engineer, lawyer, musician, photographer or practitioner of similar character; small pet grooming, bed-and-breakfast facilities, day-care or other low-impact home occupations of similar character and impact. Low-impact home occupations shall not include the following: a barber, beauty shop or hair stylist; tearoom, tourist or boarding house; or kennel.

HOME-BASED BUSINESS, NO-IMPACT

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, or pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.

HOSPITAL

An institutional facility providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury and other abnormal physical or mental conditions, and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.

HOTEL

A facility offering transient lodging accommodations to the general public, which rooms are entered exclusively from an interior lobby, corridor or hallway from a common entrance, and which may include additional facilities and services, such as restaurants, lounges, meeting rooms and other common areas, or recreation facilities for use only by registered hotel guests. See "motel."

HOUSEHOLD PET

An animal residing within a dwelling unit and not raised for production of products or for sale.

IMPERVIOUS SURFACE

A horizontal surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including but not limited to buildings, structures and paved areas such as driveways, sidewalks, parking lots, patios, decks, swimming pools, tennis courts, etc. For the purposes of determining compliance with this chapter, stone surfaces routinely used for vehicle parking and movement shall be considered impervious.

IMPROVEMENTS

Physical additions and changes to land, such as grading, paving, curbing, fire hydrants, water mains, sanitary sewers, capped sewers, storm sewers, storm drains, catch basins, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, streetlights, wells, on-site sewage disposal systems, street trees and other plantings and other structures, that may be necessary to produce usable and desirable land development.

IMPULSIVE SOUND

A peaked, single-burst of sound energy of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sounds are explosions and the discharge of single-shot firearms.

[Added 8-14-2006 by Ord. No. HR-355]

INTERMEDIATE CARE FACILITY

A facility that provides, on a regular basis, personal care, including dressing and eating and health-care related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.

JUNKYARD

Any lot, land, parcel, building or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of any scrap, waste, reclaimable material or debris for sale or in the process of being dismantled, destroyed, processed, baled or disposed of.

KENNEL

An establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation.

LAND DEVELOPMENT

(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or

(b) 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.

(2) A subdivision of land.

LANDSCAPE ARCHITECT

A person registered as a landscape architect by the Commonwealth of Pennsylvania.

LAUNDROMAT

An establishment providing washing, drying or dry-cleaning machines on the premises for rental use to the general public.

LIBRARY

A place in which literary, musical, artistic, or reference materials (such as books, manuscripts, recordings, or films) are kept for use.

[Added 9-10-2007 by Ord. No. HR-360]

LIVESTOCK and/or POULTRY

Animals, excluding wild or dangerous animals, raised and/or maintained for sale, resale or breeding, including pigs and goats. Poultry includes fowl raised for meat or eggs; chickens, turkeys, ducks, geese and the like. Livestock and poultry are not household pets.

LODGE

See "club or lodge."

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

(1) LOT, CORNER A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.

(2) LOT, INTERIOR (FLAG) A lot, the principal portion of which does not adjoin a street but is connected thereto by an access strip of required minimum width. Minimum lot area and lot depth and other dimensional requirements of the applicable zoning district shall be met on that portion of the lot exclusive of the access strip.

LOT AREA

That portion of a lot or parcel of land within all bounding property lines on which a building or buildings and any accessory building or buildings are or may be located. "Lot area," as defined herein, shall include required yard or setback areas but shall not include any of the following existing features:

[Amended 12-7-2015 by Ord. No. HR-412]

(1) Steep and very steep slopes.

(2) Flood Hazard District areas.

(3) Wetlands.

(4) Portions of the lot which are less than 50 feet wide.

(5) Alleys, lanes, streets, railroad and other permanent areas or rights-of-way.

LOT DEPTH

The average depth of the side lot lines measured perpendicular to the street frontage. In the case of corner lots, lot depth is measured as the lowest value of the average depth of the side lot lines running perpendicular to both frontages.

[Amended 12-2-2013 by Ord. No. HR-399]

Figure 6.2: Lot Depth

LOT LINE

(1) FRONT The line separating the lot from a street right-of-way. For interior lots, it is the line generally parallel to the street right-of-way at the nearest point to the right-of-way where the lot attains the minimum required lot width.

(2) REAR The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

(3) SIDE Any lot line other than a front or rear lot line.

LOT WIDTH

The horizontal distance between side lot lines measured at the building setback line. When the street line is curved, the measurement shall be made on the chord of the arc on or parallel to the curve of the street line.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation requirements of this chapter.

[Added 10-16-2006 by Ord. No. HR-357]

MEMORIAL PARK

A cemetery designed in a park-like manner and not having tombstones, mausoleums, monuments or similar structures above ground.

MINING

The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases.

MIXED-USE

One building or one lot used partly for residential use and partly for nonresidential use.

[Added 9-10-2007 by Ord. No. HR-360]

MOBILE HOME or MANUFACTURED HOME

A transportable, single-family dwelling, constructed off site, 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 with or without a permanent foundation, including any addition or accessory structure, such as porches, sheds, decks, garages or additional rooms. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

[Amended 10-16-2006 by Ord. No. HR-357]

MOBILE HOME or MANUFACTURED HOME LOT

A lot in a mobile home or manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the placing thereon of a single mobile home. A mobile home or manufactured home lot may be leased by the park owner to the occupants of the mobile home placed on the lot or owned under condominium ownership or owned as a fee-simple lot.

MOBILE HOME or MANUFACTURED HOME PARK

A parcel of land or contiguous parcels of land which has been so designated and improved that it contains two or more mobile homes or manufactured home lots for the placement thereon of mobile homes or manufactured homes.

MORTUARY

A place for the storage of human bodies prior to their burial or cremation.

MOSQUE

See "place of worship."

MOTEL

An establishment providing sleeping accommodations for transients with at least 25% having direct access from outside, and which may include additional facilities and services, such as restaurants, lounges, meeting rooms and other common areas, and recreation facilities for use only by registered motel guests. See "hotel." Motel specifically excludes short-term rentals.

[Amended 1-18-2022 by Ord. No. HR-447]

MOTION-PICTURE THEATER

A place where motion pictures are shown to the public for a fee.

MPC

Pennsylvania Municipalities Planning Code.

MULTI-MODAL TRANSPORTATION CENTER

A public transit station served primarily by a commuter rail train which provides direct connections/transfers to bus or taxi service, an interconnected pedestrian walkway system, park-and-ride facilities, retail and service establishments and residential neighborhoods.

[Added 9-10-2007 by Ord. No. HR-360]

MULTI-TENANT RETAIL CENTER

A group of commercial establishments, such as retail stores, personal service establishments, and restaurants, that is planned, owned, and/or managed as a single property. The two main configurations of multi-tenant retail centers are shopping malls and strip centers.

[Added 12-2-2013 by Ord. No. HR-399]

NEW CONSTRUCTION

For purposes of Article V of this Chapter 208, "new construction" is defined as structures for which the start of construction commenced on or after September 18, 2017, and includes any subsequent improvements to such structures. Any construction started after April 17, 1978, and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

[Added 10-16-2017 by Ord. No. HR-417]

NIGHTTIME

Between the hours of 8:00 p.m. and 6:00 a.m.

[Added 8-14-2006 by Ord. No. HR-355]

NOISE

Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

[Added 8-14-2006 by Ord. No. HR-355]

NOISE DISTURBANCE

Any sound which:

[Added 8-14-2006 by Ord. No. HR-355]

(1) Endangers or injures the safety or health of humans; or

(2) Annoys or disturbs a reasonable person of normal sensitivities; or

(3) Endangers or injures personal or real property.

NONCONFORMING LOT

A lot, the area or dimension of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district in which it is located.

NONCONFORMING STRUCTURE or BUILDING

A structure or building, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of this chapter.

NONCONFORMING USE

A use or activity that was lawful prior to the adoption, revision or amendment of this chapter, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district in which it is located.

NONDWELLING USE

A use which is not a dwelling or a lawful accessory use to a dwelling.

NURSERY, RETAIL

The growing, cultivation, storage and sale of garden plants, flowers, trees, shrubs and fertilizers as well as the sale of garden tools and similar accessory and ancillary products to the general public.

NURSERY, WHOLESALE

The growing, cultivation, storage and sale of garden plants, flowers, trees and shrubs to landscapers, developers, builders and retail nurseries.

NURSERY SCHOOL

A facility which provides daytime care and instruction to a number of persons between the ages of two years and five years and operates on a regular or seasonal basis.

NURSING HOME

See "health care facility."

OFFICE

A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files and communication equipment.

OFFICE BUILDING

A building used primarily for conducting the affairs of a business, profession, service, industry or government or like activity; it may include ancillary services for the occupants of the office building, such as a restaurant, coffee shop, newspaper or candy stand and day-care facilities.

ONE-HUNDRED-YEAR FLOOD

See "flood, one-hundred-year."

(1) OPEN SPACE An unimproved area of land or water set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants and their guests of land adjoining or neighboring such open space.

(a) 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 and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.

PARAPET

The extension of the main walls of a building above the roof level.

PARCEL

A piece or area of land formally described and recorded with block and lot numbers, by metes and bounds, by ownership or in such a manner as to specifically identify the dimensions and/or boundaries.

PARKING

(1) PARKING AREA Any public or private land area designed and used for parking motor vehicles, and excluding any area wherein motor vehicles for sale or repair are kept.

(2) PARKING LOT An off-street, ground level area for the temporary parking of vehicles, forming the principal use of the lot, and not including any area wherein vehicles for sale or repair are kept.

(3) PARKING, PRIVATE A parking area for the exclusive use of the owners or occupants of the lot on which the parking area is located.

(4) PARKING, PUBLIC A parking area available to the public, whether free, for compensation or as an accommodation to employees, clients, customers or residents.

(5) PARKING SPACE A space for the parking of a motor vehicle within a public or private parking area, exclusive of aisles, driveways or other accessways.

(6) PARKING STRUCTURE A covered structure or portion of a covered structure that provides parking areas for motor vehicles, including parking areas within the footprint of a permitted building.

(7) PARKING, SURFACE A parking area for motor vehicles where there is no building above or below the parking area.

PARKING, OFF-STREET

Parking of motor vehicles as an accessory use located upon the same lot as a permitted principal use to serve the parking requirements and needs of the principal use.

[Added 9-10-2007 by Ord. No. HR-360]

PARKING, SHARED

Parking for uses which is open to the public or in common with other property owners, rather than on individual lots restricted to customers or clients of each individual use.

[Added 9-10-2007 by Ord. No. HR-360]

PERSONAL SERVICE ESTABLISHMENT

An establishment primarily engaged in the provision of frequent or recurrent services of a personal nature. Typical uses include, but are not limited to, beauty salons and spas, barbershops, tanning salons, massage establishments, commercial copy shops, animal grooming, shoe repair, personal item repair shops, laundromats, dry cleaners, and tailors. Personal service establishments do not include any adult uses.

[Amended 12-2-2013 by Ord. No. HR-399]

PERVIOUS SURFACE

Any material that permits full or partial absorption of stormwater into previously unimproved land.

PET SHOP

Establishments engaged in the selling of animals generally not exceeding 100 pounds, which are to reside in a dwelling unit, and are not raised for the production of products.

PLACE OF WORSHIP

A church, synagogue, temple, mosque or other facility that is used for prayer by persons of similar beliefs; or a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.

PLAZA

Open space that may be improved and landscaped; usually surrounded by streets and buildings.

PNDI SITE

A Pennsylvania Natural Diversity Inventory site identified within the Chester County Natural Areas Inventory of 2000, as may be amended from time to time.

POROUS PAVING

Permeable or perforated paving materials or pavers with spaces that allow transmission of water to a stormwater management storage and infiltration system that underlies the entire area of porous paving. The stormwater storage/infiltration facility underlying the porous paving shall provide storage volume for the runoff volume generated by a two-year/twenty-four-hour storm event, and provide minimum peak rate control as identified in Chapter 174, the Tredyffrin Township Stormwater Ordinance.[3] The additional peak rate requirements, identified in § 208-161, shall be controlled either within the porous paving facility or within other on-site public stormwater improvements.

[Added 10-1-2012 by Ord. No. HR-396]

POULTRY

See "livestock and/or poultry."

PRINCIPAL BUILDING

A building in which is conducted the principal use of the lot on which it is located.

PUBLIC NOTICE

The advertisement of a public hearing in a newspaper of general circulation, and through other media sources, indicating the time, place and nature of the public hearing and where the application and pertinent documents may be inspected.

PUBLIC SPACE

Space devoted to uses for public enjoyment consisting of elements such as, but not limited to, green areas, plazas, walks, promenades, arcades, and fountains. Areas devoted to this purpose shall be easily and readily accessible to the public. Such space shall not permit parking or maneuvering for vehicles.

[Added 9-10-2007 by Ord. No. HR-360]

PUBLIC STORMWATER IMPROVEMENT(S)

Major or significant additions or changes to the land not provided to comply with Chapter 174, Stormwater Management, as part of, or in support of, a land development or subdivision plan, and which have a clear benefit to residents in the Township in managing stormwater runoff, including watershed, drainage or flooding issues. Examples of such improvements include, but are not limited to, retention or detention basins, underground infiltration/storage beds, green roofs and other stormwater management facilities; improvements to the natural stream or watershed conditions; or the provision of land for stormwater management facilities that address a regional public need distinct from the private development or use of the land.

[Added 10-1-2012 by Ord. No. HR-396]

PUBLIC TRANSPORTATION SHELTER

A small, roofed structure, usually having three walls, located near a street and designed primarily for the protection and convenience of transit vehicle passengers.

PUBLIC UTILITY

A closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety and welfare.

QUARRYING OPERATIONS

An industrial use involving the extraction of sand, clay, shale, gravel, stone or similar material from the ground and associated accessory uses such as the creation of settling basins or ponds and the storage of overburden, but not including the filtering, refining or processing of said natural resources.

RECREATIONAL FACILITY

A place designed and equipped for the conduct of sports and leisure-time activities as a principal use.

RECREATIONAL VEHICLE

A vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

[Added 10-16-2006 by Ord. No. HR-357]

RECREATION, PASSIVE

Those recreational pursuits which can be carried out with little alteration or disruption to the area in which they are performed. Such uses include, but are not limited to, hiking, picnicking, board and table games. Passive recreation shall not include activities that require the use of motorized vehicles such as all-terrain vehicles (ATVs).

[Added 9-10-2007 by Ord. No. HR-360]

REGULATORY FLOOD ELEVATION

The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet. The freeboard safety factor also applies to utilities and ductwork.

[Added 10-16-2017 by Ord. No. HR-417]

RESIDENCE

A home, abode or place where an individual is actually living at a specific point in time.

RESIDENTIAL AREA

Any area within the Township which is zoned for residential use, or is in residential use regardless of how zoned, or is used for a school, church, or park.

[Added 8-14-2006 by Ord. No. HR-355]

RESIDENTIAL CARE FACILITIES

Residences usually occupied by the frail elderly that provide rooms, meals, personal care and health monitoring services under the supervision of a professional nurse and may provide other services, such as recreational, social and cultural activities, financial services and transportation. See "assisted living facility."

RESTAURANT

An establishment where food and drink are prepared, served and offered for sale to customers, primarily for consumption at tables inside or outside the building, but on the same lot as the principal building.

RETAIL STORE

Establishments engaged in the selling or rental of goods or merchandise to the public generally for personal use or household consumption (although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods, and including the processing or manufacturing of some of the products sold on the premises so long as those processing and manufacturing activities are incidental or subordinate to the selling activities.

RETAINING WALL

A structure that is constructed between lands of different elevations to stabilize the surfaces, prevent erosion and/or protect structures.

RIDING ACADEMY

An establishment where horses are boarded and cared for and where instruction in riding, jumping and showing is offered and where horses may be hired for riding.

RIGHT-OF-WAY

An area of land, whether or not paved or otherwise improved in any way, acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer or other similar public or private uses.

(1) RIGHT-OF-WAY, ULTIMATE The minimum width for a street or other corridor as required by state or federal highway departments or as described in the Township Subdivision and Land Development Ordinance,[4] which is expected to be needed in the future to adequately and properly accommodate the anticipated vehicular and pedestrian traffic and related appurtenances, based on the function of the road in the circulation system, and is the line from which required setbacks are measured.

RIGHT-OF-WAY LINE

The legal lines that form the boundaries of a right-of-way.

ROAD

See "street."

ROOMING HOUSE

A dwelling unit or part thereof in which, for compensation, lodging and meals are provided.

SCHOOL

Any building or part thereof that is designated, constructed or used for education or instruction in any branch of knowledge.

(1) SCHOOL, ELEMENTARY Any school that is licensed by the state and meets the state requirements for elementary education.

(2) SCHOOL, POSTSECONDARY (COLLEGE) An educational institution authorized by the state to award associate, baccalaureate or higher degrees.

(3) SCHOOL, SECONDARY Any school that is licensed by the state and authorized to award diplomas for secondary education.

(4) SCHOOL, TECHNICAL A school conducted for profit for such instruction as business, computers, art, music, trades, handicraft, dancing or riding.

[Added 9-10-2007 by Ord. No. HR-360]

SCIENTIFIC RESEARCH LABORATORY

A facility for investigation into the natural, physical or social sciences, which may include engineering and product development. Research laboratories imply physical activities usually associated with "wet" labs or places with running water, gases, special ventilation devices, chemicals, special heating and electrical or electronic equipment, or use of animals or human subjects under controlled conditions.

SELF-STORAGE FACILITY

A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.

[Added 9-19-2022 by Ord. No. HR-456]

SERVICE STATION

See "automobile service station."

SETBACK LINE

The line that establishes the required minimum distance between a principal structure or building and any lot line. See "building setback line."

SHOPPING CENTER

A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements and landscaping and signage in accordance with an approved plan.

SHORT-TERM RENTAL

Any dwelling unit utilized as a single-family dwelling rented for the purpose of overnight lodging for a period of 30 days or less.

[Added 1-18-2022 by Ord. No. HR-447]

SIDEWALK

An improved all-weather paved area parallel to and separate from the street which is used as a pedestrian walking area.

[Added 9-10-2007 by Ord. No. HR-360]

SIGN

Any billboard, poster, panel, display, illustration, structure or device used for visual communication which is affixed, painted or represented directly or indirectly upon a building or other outdoor surface.

[Amended 8-17-2020 by Ord. No. HR-437]

(1) ABANDONED SIGN A sign which has not been used to provide information for a period of at least 180 days or is located on a lot with a commercial, business, industrial or office use, that has not had an occupant or otherwise engaged in commercial, business, industrial or office operations for a period of 60 days or more.

(2) BILLBOARD A freestanding outdoor sign with a sign area that is between 60 square feet and 300 square feet.

(3) SIGN, BUSINESS A sign erected on a property on which a business, profession, industry or similar activity is conducted.

(4) ANIMATED SIGN A sign or any device designed to attract attention by visual means through the action, motion, light changes, movement or semblance of movement by mechanical, electrical or natural means.

(5) BANNER A sign constructed of cloth, canvas or other flexible material, which is durable and weather-resistant.

(6) CHANGEABLE-COPY SIGN, DIGITAL A sign on which the copy on the sign face is composed of light-emitting-diode (LED), halogen, compact fluorescent, incandescent or similar lamps or bulbs which may be changed remotely with no greater frequency than once per hour so as not to be distracting to motorists. No digital changeable-copy sign shall be permitted to project light onto a street or neighboring property. A digital changeable-copy sign shall not be considered to be an animated sign. Digital changeable-copy signs shall only be as specifically set forth in Article XXV.

(7) CHANGEABLE-COPY SIGN, MANUAL A sign on which the copy on the sign face may be changed manually, in person and not remotely, through use of attachable letters, numerals or graphics or by changing light bulbs. A manual changeable-copy sign shall not be considered to be an animated sign.

(8) ERECTION OF A SIGN The installation, construction, placement, relocation, enlargement, alteration, attachment, suspension, painting, posting or displaying of a sign, including the replacement or substitution of face panels on or within a permanent frame or a change in the copy of a sign (except for the in-person manual changing of attachable letters, numerals, graphics or light bulbs of an approved changeable-copy sign). Normal maintenance of existing conforming signs is not included in this definition.

(9) FACADE AREA The area of that side of a building or portion of a building upon which a sign is to be affixed. The area shall be measured vertically from grade to the top of the parapet wall or eaves and horizontally across the entire width of the building elevation, provided that in no calculation shall the vertical dimension of the ground floor be considered to exceed 10 feet. A building shall be considered to front on a street if its face is parallel to the street or at an angle thereto not exceeding 45°.

(10) FREESTANDING SIGN A sign which is self-supporting upon the ground or which is supported by means of poles, pylons or standards in the ground. A freestanding sign is not attached to a building, except by secondary supports such as guy wires.

(11) INTERNALLY ILLUMINATED SIGN A sign which is designed to give forth a static or unchanging artificial light directly or through transparent or translucent material from a source of light within or upon said sign.

(12) INTERNAL LOT SIGN A sign erected within three feet of a sidewalk, road, street, driveway or parking lot, which is located within the boundaries of a single lot. Internal lot signs shall be at least 10 feet from any lot line. No internal lot sign may exceed four square feet in area, except those internal lot signs erected within a unified development area in accordance with § 208-130. A maximum of two signs at each driveway shall be permitted.

(13) EXTERNALLY ILLUMINATED SIGN A sign which is designed to be illuminated by artificial light from a source adjacent to or outside of the sign in such a manner that the source of the light is not directly visible from the street or any other intended vantage point of the sign.

(14) MARQUEE SIGN Any sign attached to or constructed in a marquee or other roofed structure attached to a building, which sign may include a manual changeable-copy sign.

(15) OFFICIAL SIGN A sign erected by the state, county, Township or other legally constituted governmental body.

(16) PERMANENT SIGN A sign which is constructed of durable, weather-resistant material and which is intended to be displayed for a long period of time, normally at least one year in duration.

(17) PROJECTING SIGN A sign mounted to a wall or other vertical building surface, other than a wall sign, which projects more than 12 inches from the wall or surface to which it is mounted; included are signs on canopies and marquees.

(18) ROOF SIGN A sign erected on, above or projecting above the eaves, roof or parapet of any building.

(19) SIGN, AREA OF The face of a sign, including all lettering, wording, designs and symbols, together with background, whether open or enclosed, on which they are displayed, including the frame, but not including any supporting framework and bracing. Where a sign consists of individual letters, numbers, characters or symbols attached to a building wall, window or door, the area of the signs shall be considered that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. When a double-faced sign is erected in such a manner that both sides are not visible from the same vantage point, then only one face shall be used to compute the sign area. In the case of three-or-more-faced signs, only one side shall be excluded from the calculation of the sign area. In the case of a cylindrical sign, 1/2 of the total surface area shall be used to compute the area.

(20) SIDEWALK, SANDWICH BOARD OR A-FRAME SIGN A movable sign which is not secured or attached permanently to the ground.

(21) SUPER GRAPHIC The application of paint, acrylic or other material directly onto a permanent wall.

(22) TEMPORARY SIGN A sign constructed of paper, cloth, canvas or other lightweight material intended to be displayed for a short period of time, normally less than 30 days.

(23) VEHICLE SIGN A sign affixed or painted on a vehicle, trailer or similar device. Any such sign erected on a premises for a period of three or more days in any six-month period shall be considered a permanent sign.

(24) WALL SIGN A sign posted on, painted on, suspended from or otherwise affixed to a wall or vertical surface of a building which does not project more than 12 inches from the wall or vertical surface to which it is attached.

(25) WINDOW SIGN A temporary sign attached or affixed to a window or door, or a sign which is readily visible and can be viewed from the exterior through a window or door from a distance of 20 feet therefrom.

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.

SKILLED NURSING FACILITY

An institution or a distinct part of an institution which is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons. See "health care facility."

SLOPES, STEEP

Those areas as regulated in § 208-118 herein having slopes from 15% to 25%, delineated and measured over a cumulative six-foot change in vertical elevation, which occurs over a minimum ten-foot horizontal area, as measured parallel to any contour line. (The percent of slope is determined by dividing the total amount of vertical rise or fall by the horizontal distance over which the rise or fall occurs.)

SLOPES, VERY STEEP

Those areas as regulated in § 208-118 herein having slopes greater than 25%, delineated and measured over a cumulative six-foot change in vertical elevation, which occurs over a minimum ten-foot horizontal area, as measured parallel to any contour line. (The percent of slope is determined by dividing the total amount of vertical rise or fall by the horizontal distance.)

SORORITY HOUSE

See "fraternity or sorority house."

SOUND

An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes depression and rarefaction of that medium. The designation of sound may include any characteristic of such sound, including duration, intensity and frequency.

[Added 8-14-2006 by Ord. No. HR-355]

SOUND LEVEL

The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting scale, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI1.4 - 197, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply. In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.

[Added 8-14-2006 by Ord. No. HR-355]

SOUND LEVEL METER

An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. If a properly configured and approved computer solution is used, a combination of the computer’s hardware and software may be used to accomplish the individual tasks required.

[Added 8-14-2006 by Ord. No. HR-355]

SOUND PRESSURE

The instantaneous difference between the actual pressure and the average of barometric pressure at a given point in space, as produced by sound energy.

[Added 8-14-2006 by Ord. No. HR-355]

SOUND PRESSURE LEVEL

Twenty times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals. The sound pressure level is denoted Lp or SPL and is expressed in decibels.

[Added 8-14-2006 by Ord. No. HR-355]

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to the provisions of Articles VI and IX of the MPC, as amended.

SPECIAL FLOOD HAZARD AREA (SFHA)

The area in the floodplain subject to a one-percent-or-greater chance of flooding in any given year as designated in the Flood Insurance Study, shown on the FIRM as Zones A, AO, A1-A30, AE, A99, or AH.

[Added 10-16-2017 by Ord. No. HR-417]

SPRING

A place where water flows naturally from a rock or soil upon the land or into a body of surface water.

STABLE

A structure that is used for the shelter or care of horses and cattle.

START OF CONSTRUCTION

For purposes of Article V of this chapter, start of construction includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

[Added 10-16-2017 by Ord. No. HR-417]

STATION or TRANSIT STOP

Facilities at selected points along transit routes for passenger pickup, dropoff and waiting.

STORMWATER MANAGEMENT FACILITY

Any structure, natural or human-made, that, due to its condition, design, or construction, conveys, stores or otherwise affects stormwater runoff quality, rate or quantity. Typical stormwater management facilities include, but are not limited to, infiltration seepage beds and trenches, bioretention areas (rain gardens), detention and retention basins, green roof systems, capture and reuse systems, open channels, storm sewers, pipes and water quality devices.

[Added 10-1-2012 by Ord. No. HR-396]

STORY

That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story having 75% or more of its wall area above grade level.

STEEP SLOPE

See "slopes, steep."

STREAM

A natural watercourse with perennial or intermittent flow.

[Added 10-16-2017 by Ord. No. HR-417]

STREAM, INTERMITTENT

A stream that flows only part of the time. Flow generally occurs for several weeks or months in response to seasonal precipitation or groundwater discharge.

[Added 10-16-2017 by Ord. No. HR-417]

STREET

A public or privately owned right-of-way, serving as means of vehicular and pedestrian travel.

STREET CLASSIFICATION

[Added 12-7-2015 by Ord. No. HR-412]

(1) EXPRESSWAY Any roadway classified as an "expressway" in the Comprehensive Plan in Chapter Two: Existing Conditions.

(2) MAJOR ARTERIAL Any roadway classified as a "major arterial" in the Comprehensive Plan in Chapter Two: Existing Conditions.

(3) MINOR ARTERIAL Any roadway classified as a "minor arterial" in the Comprehensive Plan in Chapter Two: Existing Conditions.

(4) MAJOR COLLECTOR Any roadway classified as a "major collector" in the Comprehensive Plan in Chapter Two: Existing Conditions.

(5) MINOR COLLECTOR Any roadway classified as a "minor collector" in the Comprehensive Plan in Chapter Two: Existing Conditions.

(6) LOCAL ROAD Any roadway classified as a "local road" in the Comprehensive Plan in Chapter Two: Existing Conditions.

STREET LINE

The line dividing a lot from a street. See "right-of-way line."

STREETSCAPE

A design term referring to all the elements that constitute the physical makeup of the street and that as a group define its character, including street trees, lighting, sidewalks and crosswalks.

[Added 9-10-2007 by Ord. No. HR-360]

STREET YARD, NONRESIDENTIAL DISTRICTS

Any yard abutting a public right-of-way. Corner lots and through lots will have multiple street yards.

[Added 12-2-2013 by Ord. No. HR-399]

STRUCTURE

See "building or structure."

STRUCTURED PARKING

See “parking structure.”

[Added 9-10-2007 by Ord. No. HR-360]

STUDENT HOME

A living arrangement for student tenants within a dwelling or portion thereof, except if all the student tenants are family of the owner of the dwelling or the dwelling is leased and used only by a family as the family's primary residence. Student homes shall not include dormitories and apartments.

[Added 8-26-2010 by Ord. No. HR-384]

STUDENT TENANT

An individual who has made application and been accepted at or is enrolled or has been enrolled within the last 12 months prior to the first date of occupancy at a university, college or trade school, and whose primary occupation is a student, including both undergraduate and graduate students alike, residing in a dwelling unit governed by this chapter.

[Added 8-26-2010 by Ord. No. HR-384]

STUDIO

A building or portion of a building used as a place of work by a practitioner or instructor of art photography, drama, music, dance or certain healing sciences or for radio or television broadcasting.

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 DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

[Added 10-16-2006 by Ord. No. HR-357]

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

[Amended 10-16-2006 by Ord. No. HR-357; 10-16-2017 by Ord. No. HR-417]

SUPERMARKET

See "grocery store."

SURFACE PARKING FACILITY

A parking area for motor vehicles where there is no building above or below the parking area.

[Added 9-10-2007 by Ord. No. HR-360]

SWIMMING POOL

A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designated, used and maintained for swimming and bathing.

SYNAGOGUE or TEMPLE

See "place of worship."

TAVERN

An establishment in which alcoholic beverages are served, primarily by the drink, and where food or packaged liquors may also be served or sold.

TEMPORARY STRUCTURE

A structure that is erected without any foundation or footings and is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

TERRACE

A level, landscaped and/or surfaced area, also referred to as a "patio," directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.

THEATER

A building or part of a building used to show motion pictures or for drama, dance, musical or other live performances.

(1) THEATER, DRIVE-IN An open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid-admission basis to patrons seated in automobiles.

TOP-OF-BANK

Highest point of elevation in a stream channel cross section at which a rising water level just begins to flow out of the channel and over the floodplain.

[Added 10-16-2017 by Ord. No. HR-417]

TOPSOIL

A fertile soil or soil material rich in organic matter; surface soil; the original dark-colored upper soil ranging from a fraction of an inch to many feet in depth.

TRACT

The gross area within all boundary property lines of a parcel, site, piece of land or property that is the subject of a development application.

TRACT AREA, NET

That portion of a tract on which a building or buildings and any accessory building or buildings are or may be located. "Net tract area," as defined herein, shall include required yard or setback areas, but shall not include any of the following:

[Added 7-13-2015 by Ord. No. HR-410]

(1) Steep and very steep slopes.

(2) Flood Hazard District areas.

(3) Wetlands.

(4) Portions of the tract which are less than 50 feet wide.

(5) Alleys, lanes, streets, railroad or utility transmission line easements or rights-of-way.

(6) Other areas owned and/or used in common with the owners or occupiers of other lots.

TRANSFER OF DEVELOPMENT RIGHTS (TDR)

The attaching of development rights to specified lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by The Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential CODE (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

[Added 10-16-2006 by Ord. No. HR-357]

USE

The purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained.

(1) USE, ACCESSORY A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

(2) USE, COMMERCIAL Activity involving the sale of goods or services carried out for pecuniary gain.

(3) USE, CONDITIONAL A use permitted in a particular zoning district when it is shown that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter and authorized by the approving authority.

(4) USE, EXISTING The use of a lot or structure at the time of the enactment of an applicable zoning ordinance.

(5) USE, INSTITUTIONAL A nonprofit, religious or public use, such as a religious building, library, public or private school, hospital or government-owned or operated building, structure or land used for public purpose.

(6) USE, PERMITTED Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

(7) USE, PRINCIPAL The primary or predominant use of any lot or parcel.

(8) USE, RELIGIOUS A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held.

(9) USE, TEMPORARY A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

USE VARIANCE

A variance granted for a use or structure that is not permitted in the applicable zoning district.

UTILITY

Any agency that, under public franchise or ownership or under certificate of convenience and necessity or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar service.

VARIANCE

Relief granted pursuant to the provisions of Articles VI and IX of the MPC, as amended.

VIOLATION

For purposes of Article V of this chapter, the failure to be fully compliant with Article V of this chapter, including, without limitation, the failure to provide documentary evidence of compliance with 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5).

[Added 10-16-2017 by Ord. No. HR-417]

WAGERING, GAMING or GAMBLING FACILITIES

A commercial use which provides facilities or where persons assemble for the purpose of any activity which involves lawful gambling or wagering, including, without limitation, those facilities and activities for parimutuel wagering on thoroughbred and/or harness horse races remote from any racetrack and governed by and licensed pursuant to the Race Horse Industry Reform Act, the Act of December 17, 1981, P.L. 435, as it shall be from time to time amended, 4 P.S. § 325.101 et seq. (hereinafter the "Act"). Gambling and wagering shall include any activity, game or device at which money or other valuable things may be played for or staked or betted upon and in which, by the rules of the activity, game or device, a consideration is paid by the player or participant and a reward is paid to players or participants as a consequence of some element of chance. A commercial use otherwise permitted shall not constitute a gambling or wagering use solely on account of the installation of facilities and devices pursuant to the State Lottery Law, the Act of August 26, 1971, P.L. 351, as amended, 72 P.S. § 3761-101 et seq.

WAREHOUSE

A building used primarily for the storage of goods and materials.

WATERCOURSE

A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

[Added 10-16-2017 by Ord. No. HR-417]

WETLANDS

Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and which under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. For purposes of regulation under this chapter, wetlands shall be construed to be all areas meeting the definition of wetlands as then currently specified by the United States Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection. In any situation in which these sources do not coincide, the more inclusive area shall be considered to be wetlands under this chapter.

WHOLESALE or WHOLESALE ESTABLISHMENT

An establishment or place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

WOODLAND

Areas characterized by dense and extensive tree cover growing closely together so that the driplines touch or overlap and in which there is more than one viable tree of a diameter of six inches or greater per 1,500 square feet of lot area. This definition also includes groves of flowering or subcanopy trees, such as dogwood trees and young forests where the immature branches may not yet be interlocking. [To determine if an area has more than one viable tree of six-inch or greater caliper per 1,500 square feet, the total area of the land in question (in square feet) shall be divided by 1,500. If the result is equal to or less than the number of viable trees of a diameter of six inches or greater and meets the other stated characteristics, the area in question is considered a woodland.]

WOODLOT

A privately maintained restricted area of woodland used as a source of fuel, posts and lumber.

YARD

(1) YARD, REQUIRED An open area on a lot that lies between the principal or accessory building or buildings and the nearest yard line and the adjoining lot lines within which no structure shall be located except as provided in this chapter.

(2) YARD, REQUIRED FRONT A yard extending the full width of the lot being the minimum horizontal distance between the street line or ultimate right-of-way line and the building setback line required in the applicable zoning district. Such front yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter. Each yard with frontage on a street shall be considered a front yard.

(3) YARD, REQUIRED REAR A yard extending the full width of the lot between the rear yard line and the rear lot line, and measured perpendicular from the rear yard line to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.

(4) YARD, REQUIRED SIDE A yard extending from the front yard to the rear yard along the side lot line, and being the minimum horizontal distance between the side lot line and the side yard line as specified in the applicable zoning district. Such side yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.

YARD ABUTTING NONRESIDENTIAL OR RAILROAD RIGHT-OF-WAY, NONRESIDENTIAL DISTRICTS

Any yard abutting a nonresidential district or a railroad right-of-way.

[Added 12-2-2013 by Ord. No. HR-399]

Figure 6.1: Nonresidential District Yards

YARD ABUTTING RESIDENTIAL, NONRESIDENTIAL DISTRICTS

Any yard abutting a residential district.

[Added 12-2-2013 by Ord. No. HR-399]

YARD LINE

A line drawn parallel to the corresponding lot lines at a distance specified in the applicable zoning district for the required depth of a yard.

YIELD PLAN

A plan used to determine the permissible number of lots for which a specific tract may be developed under the conventional provisions and requirements of an applicable zoning district.

[1] Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

[2] Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

[3] Editor’s Note: See Ch. 174, Stormwater Management.

[4] Editor's Note: See Ch. 181, Subdivision and Land Development.