Township of Franconia, PA Definitions

FAMILY DAY-CARE HOMEAny premises or dwelling unit other than the child's own home where the child-care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided at any one time on a regular basis to four, five or six children who are not relatives of the caregivers. Day-care service for children in this type of facility is different from babysitting.

GROUP DAY CARE HOMEA facility in which care is provided for more than six but fewer than 12 children at any one time, where the child-care areas are being used as a family residence.

DAY-CARE CENTERA facility which is licensed to provide care for seven or more children at any one time, where the child-care areas are not being used as a family residence.

COMMON FACILITIES

All the real property and improvements set aside for the common use and enjoyment of the residents, including but not limited to buildings, open land, private roads, parking areas, walkways, recreation areas, landscaped areas, drainage easements and any utilities that service more than one unit, such as sewer and water facilities.

[Added 4-13-1992 by Ord. No. 188]

COMMON OPEN SPACE

Any area of land and/or water designed for joint use and recreational enjoyment of tenants and/or owners occupying a development, excluding common parking areas, roadways, storage buildings and similar facilities not primarily intended for recreational benefit. The common open space shall be essentially free of buildings and restricted from any future development.

[Added 4-10-1978 by Ord. No. 93; amended 9-18-2006 by Ord. No. 340]

COMMON PARKING

Any parking area used by three or more dwelling units and having space for four or more motor vehicles.

[Added 4-10-1978 by Ord. No. 93; amended 9-18-2006 by Ord. No. 340]

COMPREHENSIVE PLAN

Maps, charts, descriptive matter, officially adopted by a Planning Commission or governing body, showing, among other things, recommendations for the most appropriate use of land; for the most desirable density of population; for a system of thoroughfares, parkways and streets; for parks and recreation areas; for the general location and extent of facilities for water, sewer, light and power; for the general location, character and extent of community facilities.

CONDITIONAL USE

A form of permitted use, authorized by this chapter, under the jurisdiction of the Board of Supervisors. The Board of Supervisors is empowered to grant permission for conditional uses consistent with the public interest in compliance with the standards and procedures established in this chapter and under any reasonable safeguards necessary to implement the purposes and intent of this chapter and to protect the general welfare.

[Added 10-9-1990 by Ord. No. 172]

DENSITY

The number of dwelling units per developable acre.

[Added 4-10-1978 by Ord. No. 93]

DEVELOPABLE ACREAGE

All that land within the lot lines of a tract excluding the following:

[Added 4-10-1978 by Ord. No. 93; amended 4-13-1992 by Ord. No. 188; 7-10-1995 by Ord. No. 221; 1-16-2006 by Ord. No. 335; 9-18-2006 by Ord. No. 340; 11-19-2018 by Ord. No. 400; 1-20-2020 by Ord. No. 409]

Lands located within any public or private right-of-way or the ultimate right-of-way of an existing street as required by the Subdivision and Land Development Ordinance.[3]

Lands subject to existing easements or rights-of-way.

Lands subject to open space requirements and/or natural resources to be protected, whichever is greater. The natural resources may be counted towards required open space up to a maximum of 50% of the open space area.

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.

[Added 12-9-1996 by Ord. No. 246]

DWELLING

A building or other structure, whether mobile or immobile, designed for and occupied exclusively for residential purposes, including hotel, rooming house, tourist home, institutional home, residential club, motor court and the like.

[Amended 4-9-1984 by Ord. No. 113]

SINGLE-FAMILY DETACHEDA living unit having no party or common wall or walls completely surrounded by its own yard and designed for and occupied exclusively as a dwelling for one family.

SINGLE-FAMILY SEMIDETACHEDA living unit attached along a single common side with one adjoining single-family semidetached unit by a party wall or immediately adjoining thereto with no visible separation between walls or roofs, being surrounded around the remainder of its sides not adjacent thereto by its own yard and designed for and occupied exclusively as a dwelling for one family.

SINGLE-FAMILY QUADRIPLEXA living unit attached along two adjacent, nonparallel sides by party walls or immediately adjoining two other single-family quadriplex units, being surrounded around the remainder of its sides by its own front or rear and side yards, designed for and occupied exclusively as a dwelling for one family.

SINGLE-FAMILY TOWNHOUSEA living unit attached as part of a series of dwellings by party walls or immediately adjoining the other single-family townhouses with no visible separations between walls or roofs, having its own front and rear yards, consisting of not more than five connected units in any one building, designed for and occupied exclusively as a dwelling by one family.

(5)

TWO-FAMILY DUPLEXA detached building having two separate living units, one over the other, designed for and occupied exclusively as a dwelling by two families.

(6)

MULTIPLE-FAMILY DWELLINGA building not a single-family dwelling nor a two-family dwelling, designed for and occupied exclusively for dwelling purposes by three or more families living independently of one another, not a row house, but customarily called a "garden apartment" or "apartment house."

DWELLING UNIT

A room or group of rooms within a building used, intended to be used or capable of being used as a complete housekeeping facility for one family, providing living, sleeping, cooking, dining and sanitary facilities. The unit shall be constructed in accordance with all applicable Township codes and ordinances.

[Added 9-18-2006 by Ord. No. 340]

EDUCATIONAL USE

A place of instruction and learning that is duly licensed by the appropriate state agency.

[Added 9-18-2006 by Ord. No. 340]

EQUIVALENT RIGHT-OF-WAY

A theoretical right-of-way dimension calculated from the center line of designated private roads, the width of which corresponds to that of public roads performing the same function.

[Added 4-10-1978 by Ord. No. 93]

ESTABLISHED FLOOD LEVEL

A point on the boundary of the flood-prone (floodplain) area which is closest to the development site.[4]

FAMILY

Any number of individuals living together as a single, nonprofit housekeeping unit and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption, including any number of foster children under the care of same; or no more than five unrelated individuals living together as a single, nonprofit housekeeping unit. This definition excludes the occupants of a club, fraternity or sorority house, community residential facility, transient establishment, such as a halfway house for recovering drug addicts and alcoholics, lodge, residential club, boardinghouse or rooming house; and also excludes unrelated mentally ill persons unless certified by county mental health/mental retardation programs as capable of residing in a dwelling; and further excludes unrelated persons receiving treatment under Article III, Involuntary Examination and Treatment, or Article IV, Determinations Affecting Those Charged with Crime or Under Sentence, of the Act of July 9, 1976, PL. 817, No. 143, known as the "Mental Health Procedures Act."[5]

[Amended 6-8-1987 by Ord. No. 135; 9-18-2006 by Ord. No. 340]

FAMILY-CARE FACILITY

A facility that primarily provides specialized residential services to five or fewer individuals, not including a family, who, by virtue of age, handicap or disability, are in need of acquiring daily living, self-help and social skills in a residential setting. "Family-care facility" does not include a facility for persons released from or under the jurisdiction of a government bureau of corrections or similar institution and does not include any of the facilities or uses permitted in an IN Institutional District.

[Added 6-8-1987 by Ord. No. 135]

FENCE

A structure that is an artificially constructed barrier of any material or combination of materials erected to enclose, screen or decorate areas of land. Fences shall not have any building walls, floor or roofs.

[Added 3-8-1993 by Ord. No. 193]

BOUNDARY FENCEA fence lying parallel to a property line for the purpose of enclosing a parcel of ownership.

DECORATIVE FENCEA fence located in any yard of a parcel which is designated to be aesthetically attractive.

PRIVACY FENCEA fence located in a residentially zoned area which is intended to block from view portions of a lot for outdoor living areas.

FLOODPLAIN SOILS (ALLUVIAL SOILS)

PROTECTIVE FENCEA fence for the enclosure of nonresidential premises and uses, for preventing entry to commercial swimming pools, for providing a safety barrier from dangerous commercial or manufacturing activities, for security from theft or for enclosing an attractive nuisance.

(5)

RESIDENTIAL SWIMMING POOL FENCEA fence which encloses a residential swimming pool in accordance with Franconia Township Ordinance No. 60.

(6)

TEMPORARY FENCEA fence for the enclosure of construction activities or abandoned or condemned properties.

(7)

WALLA fence that is constructed of masonry or stone.

FLAG LOT

A lot without the required lot frontage on a street, access to which is gained through a narrow strip of land which is part of the same lot. Flag lots must comply with the requirements as listed in § 145-28.6.

[Added 9-18-2006 by Ord. No. 340]

FLEX SPACE

A use whereby multiple tenants may occupy a single building.

[Added 6-17-2008 by Ord. No. 347; amended 1-20-2020 by Ord. No. 409]

Areas subject to periodic flooding or listed on the Official Soil Survey provided by the United States Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/), as soils having a flood frequency other than none. A landowner may submit detailed soil profiles and a report to the Township for the purpose of determining an alluvial soil classification, which the Township may or may not accept as the correct boundary of soils on floodplain.

[Added 11-19-2018 by Ord. No. 400]

FLOOD INSURANCE RATE MAP (FIRM)

The map prepared for Franconia Township by the Federal Emergency Management Agency.

[Amended 12-9-1996 by Ord. No. 246]

FLOOD-PRONE AREA (FLOODPLAIN)

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

[Amended 11-19-2018 by Ord. No. 400]

FLOODPROOFING

Those measures intended to reduce the risk to persons and property from construction activities in flood-prone areas.

FLOODWAY

The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

[Added 12-9-1996 by Ord. No. 246]

FRONT YARD

A yard extending the full width of the lot along the front lot line and extending in depth from the ultimate right-of-way line to the nearest point of any structure on the lot.

[Added 9-18-2006 by Ord. No. 340]

GARAGE

GARAGE, PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than two commercial vehicles or trucks may be stored in a private garage.

GARAGE, PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.

GARAGE, STORAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the sale, service or repair thereof, not for the sale of fuel, accessories or supplies.

GASOLINE SERVICE STATION

Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline or other motor vehicle fuel or accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs nor the display or offering of motor vehicles for sale.

GROSS FLOOR AREA

The living area of a single-family detached dwelling, excluding the attic area, unfinished basement area and attached garage.

[Added 3-11-1996 by Ord. No. 233]

GROSS SITE AREA

The area within the property lines bounding a lot or tract proposed for subdivision or development as determined by an on-site field survey.

[Added 1-20-2020 by Ord. No. 409]

GROUP-CARE FACILITY

A facility that primarily provides specialized residential services to six or more individuals, not including a family, who, by virtue of age, handicap or disability, are in need of acquiring daily living, self-help and social skills in a residential setting. "Group-care facility" does not include a facility for persons released from or under the jurisdiction of a government bureau of corrections or similar institution and does not include any of the facilities or uses permitted in an IN Institutional District.

[Added 6-8-1987 by Ord. No. 135]

HEIGHT OF BUILDING

The vertical distance measured from the mean elevation of the finished grade surrounding a building or structure to the mid-span of the roof of the building or structure. Chimneys, stair towers, elevator penthouses, tanks, mechanical penthouses and solar energy or signal apparatuses may project above the highest point of the roof of a building a maximum of 10 feet zero inches. In an instance where the mean elevation of the grade surrounding the building is above the main floor level of the building, the height shall be measured from the main floor level of the building. In an instance where, for single-family residential use, the natural grade lends itself to the provision of a walk-out basement, the computation shall not include the portion of grade set below the basement floor, provided it does not exceed 35% of the perimeter of the building.

[Amended 9-18-2006 by Ord. No. 340; 7-8-2015 by Ord. No. 383]

HISTORIC STRUCTURE

Any structure that is:

[Added 12-9-1996 by Ord. No. 246]

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;

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;

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

HOMEOWNERS' ASSOCIATION (HOA)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a)

By an approved state program as determined by the Secretary of the Interior; or

(b)

Directly by the Secretary of the Interior in states without approved programs.

HITCH

A device which is part of the frame or attaches to the frame of a mobile home and connects it to a power source for the purpose of transporting the unit.

[Added 4-10-1978 by Ord. No. 93]

HOME OCCUPATION

Any lawful occupation customarily conducted in a single-family detached dwelling as an incidental use. The conducting of a clinic, hospital, barbershop, beauty parlor, tearoom, tourist home, animal hospital or any similar use shall not be deemed to be a home occupation.

[Amended 9-18-2006 by Ord. No. 340]

A community association combining individual homeownership with shared use, maintenance and facilities.

[Added 4-13-1992 by Ord. No. 188; amended 9-18-2006 by Ord. No. 340]

HOTEL

A building used for the purpose of furnishing for compensation more or less temporary lodging to the public, with or without meals, and having lodging accommodations for 10 or more persons.

HYDRIC SOIL

Soils that formed under conditions of saturation, flooding or ponding long enough during the growing season to develop anaerobic conditions in the upper part.

[Added 11-19-2018 by Ord. No. 400]

IMPERVIOUS SURFACE

A surface that prevents the infiltration of water into the ground. Impervious surface includes, but is not limited to, any roof, parking or driveway areas, any new streets and sidewalks, decks, patios, and pool surfaces (including water, decking, and equipment pad) unless otherwise determined by the Township Engineer. Any surface areas designed to initially be gravel or crushed stone shall be considered impervious surfaces. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition shall be classified as impervious surface. The runoff curve number for stormwater management calculations may be based on actual surfaces.

[Added 11-16-2009 by Ord. No. 365; amended 3-20-2023 by Ord. No. 418]

IN-LAW SUITE

A self-contained attached residential dwelling unit resulting from the conversion of an existing single-family detached dwelling into two dwelling units and inhabited by persons related by blood, marriage or adoption to the owners who live in the primary dwelling unit. The accessory unit shall contain a kitchen and bath facilities, have direct access to the outdoors or to a hall from which there is direct access to the outdoors and be physically subordinate to the primary unit that exists in the dwelling.

[Added 7-10-1995 by Ord. No. 222; amended 9-18-2006 by Ord. No. 340]

JUNKYARD

A lot, land or structure or part thereof, used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded material; or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

LOADING SPACE

A space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.

LOT

A designated parcel, tract, or area of land established by a plat or subdivision plan approved by Franconia Township and recorded in the Montgomery County Recorder of Deeds Office.

[Amended 1-20-2020 by Ord. No. 409]

LOT AREA

The area contained within the property lines of the individual lot(s), excluding any area within any public or private right-of-way and required, ultimate right-of-way of an existing street.

[Amended 3-10-1980 by Ord. No. 96; 1-20-2020 by Ord. No. 409]

LOT LINE

A property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts the street shall be deemed to be the ultimate right-of-way line and shall not be center line of the street or any other line within the street line, even though such may be the property boundary line.

[Amended 9-18-2006 by Ord. No. 340]

LOWEST FLOOR

The 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, 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 design requirements of this chapter.

[Added 12-9-1996 by Ord. No. 246; amended 9-18-2006 by Ord. No. 340]

MANUFACTURED HOME

A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site completed 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. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

[Added 12-9-1996 by Ord. No. 246]

MANUFACTURED HOME PARK

A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.

[Added 12-9-1996 by Ord. No. 246]

MOBILE HOME

A single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards of the Pennsylvania Department of Community and Economic Development and appropriate federal agencies and is certified by them; 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 roofed additions, such as extra rooms, covered patios, porches, etc.

[Added 4-10-78 by Ord. No. 93]

MOBILE HOME DEVELOPMENT

A parcel of land under single ownership which has been planned and improved in compliance with the requirements of Article IX for the placement of mobile homes, conventionally built or modular single-family detached homes or combinations thereof, for nontransient use; consisting of two or more mobile home lots and 15 acres or greater in size.

[Added 4-10-1978 by Ord. No. 93]

MOBILE HOME LOT

A parcel of land in a mobile home development provided with the necessary utility connections, patio and other appurtenances necessary for the erection thereon of a single mobile home, and the exclusive use of its occupants, though it may instead be designed, developed and used for a modular or conventionally built single-family detached home rather than a mobile home.

[Added 4-10-1978 by Ord. No. 93]

MOBILE HOME STAND

That part of an individual lot which has been reserved and prepared for the placement of the mobile home.

[Added 4-10-1978 by Ord. No. 93]

MODULAR HOME

A single-family or multifamily dwelling intended for permanent occupancy, made by assembling one or more factory-produced three-dimensional sections into an integral living unit, whose construction materials and specifications conform to those of conventionally built units.

[Added 4-10-1978 by Ord. No. 93]

MOTOR COURT or MOTEL

A building or a group of two or more detached or semidetached buildings containing rooms or apartments having separate ground floor entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which building or group of buildings is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers and is suitable for occupancy at all seasons of the year.

MOTOR HOME

A travel trailer which combines the living section and the power source into a single unit.

[Added 4-10-1978 by Ord. No. 93]

MUNICIPAL USE

The use of property by Franconia Township for any purpose authorized by the Second Class Township Code, including (without limitation) the rental of Township property to a third party, and any use of property by an entity affiliated with and/or incorporated by the Township when such use is acknowledged by resolution of the Board of Supervisors to serve the public health, safety and welfare of the community.[6]

[Added 3-19-1982 by Ord. No. 107; amended 9-18-2006 by Ord. No. 340]

NONCOMMERCIAL RECREATIONAL USE

A recreational use conducted by a nonprofit association or a nonprofit corporation.

[7]

NONCONFORMING LOT

A lot, the area or dimension of which was lawful prior to the adoption or amendment of the Franconia Township Zoning Ordinance of 1953, revised, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

[Added 10-9-1990 by Ord. No. 172]

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable dimensional requirements in the Franconia Township Zoning Ordinance of 1953, revised, or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.

[Added 10-9-1990 by Ord. No. 172; amended 9-18-2006 by Ord. No. 340]

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable provisions of the Franconia Township Zoning Ordinance of 1953, revised, or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

[Added 10-9-1990 by Ord. No. 172]

NONCONTIGUOUS LAND

Land separated by roads, or railroads, or land where the connecting link is less than 50 feet wide.[8]

[Added 4-13-1992 by Ord. No. 188]

OPEN SPACE

Lands from which the potential for development has been permanently removed as a result of the land development or subdivision process under the Zoning Regulations of Franconia Township, or as a result of donation, acquisition or other means. Open space may be made up of either previously developed land or undevelopable land (including undevelopable land containing natural resources). The open space may be active or passive in nature, and improvements may be made on the property to facilitate the use and enjoyment of the land, whether on a private or public basis. Provision for the ownership and maintenance of the open space shall be made at the time of the land development approval in a manner so as to ensure its preservation. The specific manner shall be subject to approval by the Township Solicitor; it may be accomplished by dedication to the Township (at the Township's option), or by deed restriction with conveyance to an acceptable association, condominium, conservancy, corporation, funded community trust, individual or other legal entity. For purposes of computing the area of required open space, segments of land that are four or more times longer than they are wide may be excluded by the Board of Supervisors.

[Added 9-18-2006 by Ord. No. 340; amended 11-19-2018 by Ord. No. 400]

OUTDOOR DISPLAY

The exterior exhibition of products for sale to the public.

[Added 6-17-2008 by Ord. No. 347]

OUTDOOR STORAGE

The exterior keeping of materials or goods either exposed to the weather or in nonpermanent enclosures.

[Added 6-17-2008 by Ord. No. 347]

PARKING SPACE

A space surfaced to whatever extent necessary to permit use under all normal seasonal weather conditions, available for the parking of one motor vehicle, with the dimensions required by § 122-19 of Chapter 122, Subdivision and Land Development and meeting the standards of Article XIX of this chapter.

[Amended 4-14-1997 by Ord. No. 252;[9] 9-18-2006 by Ord. No. 340]

PERVIOUS NEUTRAL SURFACE

An area of land over which rainwater is not absorbed into the land but rather captured for reuse rather than being discharged above or below the surface of the ground.

[Added 11-16-2009 by Ord. No. 365]

PERVIOUS SURFACE

An area of land over which rainwater is absorbed into the ground in a natural state.

[Added 11-16-2009 by Ord. No. 365]

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Franconia Township Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, as amended,[10] or this chapter.

[Added 10-9-1990 by Ord. No. 172]

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[11]

[Added 10-9-1990 by Ord. No. 172]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in Franconia Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

[Added 10-9-1990 by Ord. No. 172]

PUBLIC UTILITIES FACILITIES

A building or structure and its equipment, used for the transmission and exchange of telephone, radio telephone, gas, power, sewer and water facilities; provided, however, that in a residential district these shall not include public business facilities, storage of materials, trucks or repair facilities or housing of repair crews.

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 12-9-1996 by Ord. No. 246]

REGULATORY FLOOD or INTERMEDIATE REGIONAL FLOOD

The one-hundred-year flood, which is a flood having an average frequency of occurrence on the order of once in 100 years, although the flood may occur in any year.

REGULATORY FLOOD ELEVATION

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

[Amended 12-9-1996 by Ord. No. 246]

RELIGIOUS USE

Principally an assembly activity for worship and worship-related purposes.

[Added 9-18-2006 by Ord. No. 340]

RIPARIAN BUFFER

The area of land immediately adjacent to any watercourse, measured perpendicular to and horizontally from the top-of-bank on both sides of a watercourse.

[Added 11-19-2018 by Ord. No. 400]

ROOMING HOUSE

A dwelling, not a single-family or two-family dwelling, apartment house or hotel, providing lodging, with or without meals, and having lodging accommodations for fewer than 10 guests. (See "tourist home.")

SCENIC AREA

Any national, state or local road or any waterway which is designated by a government entity because of its archaeological, cultural, historic, natural, or scenic importance, and its viewshed is to be maintained in a manner that will not detract from the elements and qualities for which the area was designated.

[Added 11-12-2002 by Ord. No. 321]

SECOND HOUSEKEEPING UNIT (also known as an "in-law suite")

An attached but separate downsized dwelling unit in a single-family detached dwelling. The second housekeeping unit shall comply with all of the conditions listed in the definition of "family" in this section.

[Added 8-17-2009 by Ord. No. 363]

SECTIONAL HOME

See "modular home."

[Added 4-10-1978 by Ord. No. 93]

SETBACK

The distance between a building, structure, and/or parking area and any lot line, right-of-way, or building.

[Added 1-20-2020 by Ord. No. 409]

SETBACK LINE

That line that is the required minimum distance from any lot line or ultimate right-of-way line and that establishes the area within which the principal structure must be erected or placed.

[Added 1-20-2020 by Ord. No. 409]

SIGN

A structure, building wall or other outdoor surface or any device used for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public or to display, identify and publicize the name and product or service of any person.

SIGN, ABANDONED OR OBSOLETE

A sign located on a property or premises which is vacant and unoccupied for a period of 60 days, or a sign which is damaged, in disrepair, or vandalized and not repaired within 60 days of the date of the damaging event.

[Added 11-12-2002 by Ord. No. 321]

SIGN, ANIMATED

A sign with action or motion, flashing or color changes requiring electrical energy, but not including window-displayed computer monitors or wind-actuated elements such as flags, banners or novelty items.

[Added 10-12-1993 by Ord. No. 199]

SIGN AREA

[Added 10-12-1993 by Ord. No. 199]

The area of all lettering, wording and accompanying designs, logos and symbols, together with the background on which they are displayed (whether such background is open or closed), but excluding any supporting framework and bracing which are solely incidental to the display itself, provided that the same do not contain any lettering, wording or symbols.

Where the sign consists of individual letters, designs or symbols attached to a building, awning, wall or window, that of the smallest rectangle which encompasses all of the letters, designs and symbols.

SIGN, OUTDOOR ADVERTISING

Where a sign consists of an identical double-face, only one side shall be considered in the calculation of area, but if the interior angle formed by the two faces is greater than 45º, then both sides of the sign shall be considered in the calculation of area.

SIGN, AWNING

A sign painted on, printed on or attached flat against the surface of an awning.

[Added 10-12-1993 by Ord. No. 199]

SIGN, BUSINESS

An on-premises sign which advertises or otherwise directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted, other than incidentally, on the premises upon which the sign is located or to which it is affixed.

[Added 10-12-1993 by Ord. No. 199]

SIGN, DIRECTORY

A sign on which the names and location of the occupants or the use of a building is given, including office building and church directories.

[Added 10-12-1993 by Ord. No. 199]

SIGN, FREESTANDING

A self-supporting sign resting on or supported by means of poles or standards, either on the ground or on the roof of a building.

[Added 10-12-1993 by Ord. No. 199]

SIGN, HEIGHT

The distance from the highest portion of the sign to the mean grade at the base of the sign.

[Added 10-12-1993 by Ord. No. 199]

SIGN, IDENTIFICATION

A sign whose copy is limited to the name of a building, institution or person and/or to the activity or occupation being identified.

[Added 10-12-1993 by Ord. No. 199]

SIGN, INCIDENTAL

A directional sign of a public service nature which contains no advertising.

[Added 10-12-1993 by Ord. No. 199]

SIGN, MONUMENT

A sign extending upward from grade which is attached to a permanent foundation which is concealed within the sign structure.

[Added 11-12-2002 by Ord. No. 321]

SIGN, OFF-PREMISES

A sign advertising a business, product, service or entertainment not sold or manufactured on the property where the sign is located. A billboard is an off-premises sign.

[Added 11-12-2002 by Ord. No. 321]

Any billboard, posterboard or other sign that directs attention to a business, commodity, service, event, or other activity that is sold, offered or conducted somewhere other than on the premises on which the sign is located or to which it is affixed.

[Added 11-12-2002 by Ord. No. 321]

SIGN, PARALLEL WALL

A sign mounted parallel to a wall or other vertical building surface but which does not extend beyond the edge of any wall, roofline or other surface to which it is mounted and does not project more than 10 inches from the surface to which it is mounted.

[Added 10-12-1993 by Ord. No. 199]

SIGN, PROJECTING WALL

Any sign mounted to a wall or other vertical surface, other than a parallel sign, but which does not project more than seven feet from the surface to which it is mounted, nor project above the wall, roofline or surface to which it is mounted, nor in any way interfere with normal pedestrian or vehicular traffic.

[Added 10-12-1993 by Ord. No. 199]

SIGN, TEMPORARY

A sign which advertises community or civic projects, construction projects, real estate for sale or lease or other special events on a temporary basis. The following types of signs shall be considered temporary signs:

[Added 10-12-1993 by Ord. No. 199]

BANNER SIGNA temporary sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be considered banners for the purpose of this chapter.

CONSTRUCTION SIGNAny sign giving the name or names of principal contractors, subcontractors, architects and lending institutions responsible for construction on the site where the sign is placed.

DEVELOPMENT SIGNAn on-premises sign on a building or lot which announces the nature, purpose or name of the prospective building/enterprise.

STORMWATER FACILITY, ABOVEGROUND

POLITICAL SIGNA temporary sign used in connection with a local, county, state or national election or referendum.

(5)

PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

(6)

REAL ESTATE SIGNA temporary sign which advertises the sale, lease or rent of the property on which the sign is placed. Open house signs for property which is for sale shall be considered real estate signs.

(7)

SPECIAL EVENT SIGNSOn-premises window signs, banners or commemorative flags which advertise a grand opening or other special event.

(8)

STREET BANNER SIGNAny banner sign which is stretched across and hung over a public right-of-way.

(9)

SUBDIVISION SIGNAn on-premises or off-premises directional sign advertising to the public the name of the subdivision project and the nature of the product offered.

(10)

WINDOW SIGNAny sign affixed to or visible through a window and intended to be viewed from the outside.

SKIRTS

Panels specifically designed for the purpose of screening the underside of a mobile home by forming an extension of the vertical exterior walls of the mobile home and covering the entire distance between the bottom of the exterior walls and the ground elevation below.[12]

[Added 4-10-1978 by Ord. No. 93]

SOIL SURVEY

A report entitled "Soil Survey of Montgomery County, Pennsylvania," published April 1967 by the Soil Conservation Service, United States Department of Agriculture, which is available in the Township or through the Extension Service, Agricultural Agent, the Pennsylvania State University in Norristown.

SPECIAL EXCEPTION

Permission or approval granted by the Zoning Hearing Board in accordance with § 145-156B hereof, in situations where provision therefor is made by the terms of this chapter.

STEEP SLOPES

A characteristic of natural terrain whereby the difference in the vertical elevation of the surface over a horizontal distance, known as rise over run and expressed as a percentage, is 15% or more.

[Added 11-19-2018 by Ord. No. 400]

Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff quality, rate or quantity with the stormwater runoff being exposed to the air. Typical stormwater and watershed management facilities include, but are not limited to, detention and retention basins, rain gardens and bioretention facilities.

[Added 1-20-2020 by Ord. No. 409]

STORMWATER FEATURE/FACILITY

Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff quality, rate or quantity. Typical stormwater and watershed management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, infiltration structures, etc.

[Added 1-20-2020 by Ord. No. 409]

STREET

A right-of-way, municipally or privately owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties and space for sewers and public utilities.

STREET LINE

The dividing line between a lot and the outside boundary or ultimate right-of-way line of a public street, road or highway legally opened or officially plotted, or between a lot and a privately owned street, road or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way.

[Amended 9-18-2006 by Ord. No. 340]

STRUCTURAL ALTERATION

Any change in or addition to the supporting or structural members of a building, such as the bearing walls, partitions, columns, beams or girders, or any change which would convert an existing building into a different structure, including the enclosing of a porch, or adapt it to a different use, or which, in the case of a nonconforming use, would prolong the life of such use.

STRUCTURE

Any form or arrangement of building materials involving the necessity of providing support, bracing, typing, anchoring or other protection against the forces of the elements.

SUBSTANTIAL DAMAGE

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

[Added 12-9-1996 by Ord. No. 246]

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 either:

[Added 12-9-1996 by Ord. No. 246]

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; or

WATERS OF THE COMMONWEALTH

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

TENURE

The form of occupancy of a unit; i.e., fee-simple sale, rental, condominium, cooperative, etc.

[Added 4-10-1978 by Ord. No. 93]

TOURIST HOME

A dwelling in which sleeping accommodations for less than 10 persons are provided for compensation.

[13]

TRACT AREA

An area of a piece of land, property or properties that is the subject of a development application. It shall be defined as the area contained within the property lines of the tract, excluding any area within any public or private right-of-way and ultimate right-of-way of an existing street as required by the Subdivision and Land Development Ordinance.[14]

[Added 4-10-1978 by Ord. No. 93; amended 1-20-2020 by Ord. No. 409]

TRACT AREA, GROSS

An area of a piece of land, property or properties that is the subject of a development application. It shall be defined as the area contained within the property lines of the tract as determined by an on-site field survey.

[Added 1-20-2020 by Ord. No. 409]

TRAVEL TRAILER

A recreational vehicle requiring a separate power source for pulling it, which may include living, sleeping, eating and sanitary facilities, but which is designed for vacation travel and not for long-term or permanent occupancy.

[Added 4-10-1978 by Ord. No. 93]

ULTIMATE RIGHT-OF-WAY

The future or planned width of a highway in the public domain as shown on the official Ultimate Right-of-Way Map on file at the office of the Township Secretary.

VARIANCE

Permission or approval granted by the Zoning Hearing Board in accordance with § 145-156C hereof, constituting a modification of or deviation from the exact provisions of this chapter as applied to a specific piece of property.

WATERCOURSE

A channel or conveyance of surface water, permanent stream, intermittent stream, river, brook, creek or a channel or ditch for water, whether natural or man-made.

[Added 11-19-2018 by Ord. No. 400]

Any and all rivers, streams, creeks, rivulets, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the commonwealth as defined by law.

[Added 11-19-2018 by Ord. No. 400]

WATER CONNECTION

Consists of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home.

[Added 4-10-1978 by Ord. No. 93]

WATER RISER PIPE

That portion of the water service pipe which extends vertically to the ground elevation and terminates at a designated point at each mobile home lot.

[Added 4-10-1978 by Ord. No. 93]

WATER SURVEY

An inventory of the source, quantity, yield and use of groundwater and surface water resources within Franconia Township.

[Added 10-9-1990 by Ord. No. 172]

WETLANDS

Those areas that are inundated and saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, fens, and similar areas. More specifically, an area meeting the official wetland definition of the United States Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1; or the Pennsylvania Department of Environmental Protection Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations; or the most recently amended reports, will be considered a wetland for the purposes of this chapter.

[Added 11-19-2018 by Ord. No. 400]

WETLANDS BUFFER

A transitional area extending from the outer limits of the wetlands, as defined in this chapter. Wetlands margins serve to filter pollutants, reduce stormwater velocities, provide for floodwater storage, provide wildlife habitat (which may include endangered and threatened species), facilitate groundwater recharge and allow for slight variations of the wetlands boundary seasonally or over time.

[Added 11-19-2018 by Ord. No. 400]

WIND ENERGY FACILITY

An electric generating facility that converts wind energy into electricity, consisting of one or more wind turbines and all accessory structures, buildings, equipment, transmission lines and related items.

[Added 11-16-2009 by Ord. No. 365]

WOODLANDS

Areas, groves, or stands, of mature or largely mature trees, the majority of which are greater than six inches' caliper measured four feet above grade, covering an area greater than 1/4 acre; or groves of mature trees without regard to minimum area consisting of more than 10 individual specimens which are greater than eight inches' caliper measured four feet above grade and form a contiguous canopy. Woodlands shall be measured from the dripline of the outer trees.

[Added 11-19-2018 by Ord. No. 400]

YARD

An open, unoccupied space on the same lot with a building or other structure or use, open and unobstructed from the ground to the sky.

FRONT YARDA yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of any structure on the lot.

REAR YARDA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot.